Township of Freedom, PA Article XIII Supplementary District Regulations

§ 230-61 General provisions.

A. Slope. In those areas of the Township where the natural slope of the land exceeds 15%, no structure will be erected which will unduly disturb existing grade and natural soil conditions. A statement must be prepared by a registered architect, engineer, or landscape architect in regard to the building method used in overcoming foundation problems, the maintenance of the natural watershed, the means for prevention of soil erosion and the required extent of stripped vegetation. A plan showing topography and contours at two-foot intervals shall be provided as part of the required statement.

B. Habitable floor area.

(1) The minimum habitable floor area of a dwelling unit with the exception of mobile homes constructed in accordance with the Federal Manufactured Home Construction and Safety Standards, effective June 15, 1976, shall be as follows:

(a) Rooming unit (designed for one person): 250 square feet.

(b) Efficiency unit: 500 square feet.

(c) One-bedroom unit: 600 square feet.

(d) Two-bedroom units: 750 square feet.

(e) Three-bedroom units: 900 square feet.

(f) Four-bedroom units: 1,050 square feet.

(g) For five or more bedrooms, an additional 150 square feet per bedroom.

(2) The minimum habitable floor area for units within lodging establishments for transients shall be 200 square feet for each room used for sleeping purposes.

C. Uses not provided for.

(1) Whenever under this chapter a use is neither specifically permitted nor denied and an application is made by an applicant to the Zoning Officer for such use, the Zoning Officer shall first determine if the use is similar to other uses in the district. If the request for the particular use is denied, then the Zoning Officer shall refer the application to the Zoning Hearing Board to hear and decide such a request as a special exception. The Zoning Hearing Board shall have the authority to permit or deny the use in accordance with the standards governing special exception applications. The use may be permitted if it is similar to and compatible with the permitted uses within the district in which subject property is located, is not permitted in any other district under the terms of this chapter, and in no way is in conflict with the general purposes and intent of this chapter. The burden of proof shall be upon the applicant to demonstrate that the proposed use meets the foregoing criteria and will not be detrimental to the public health, safety, and welfare of the neighborhood.

(2) Such use shall comply with all applicable area and bulk regulations and other applicable standards for comparable uses specifically listed in the district.

§ 230-62 Use standards.

A. Use standards are as follows.

(1) Accessory apartments.

(a) Up to two accessory apartment units may be created in a single-family detached dwelling; the appearance of the building will remain intact, and the owner will occupy the residence. In general, any new entrance shall be located to the side or rear of the home. Off-street parking must be provided in accordance with Article XIV.

(b) If accessory apartments are added to a dwelling served by an on-lot sewer system, a sewage permit must be secured from the Township Sewage Enforcement Officer prior to securing a building permit.

(2) Adult businesses.

(a) The lot of such business shall not be located within 200 feet of any residence, residential use, or residential zoning district.

(b) The lot of such business shall not be located within 500 feet of any religious structure, school facility, day-care center, or public library.

(c) The lot of such business shall not be located within 500 feet of another adult-oriented business.

(d) There shall be no display of adult-oriented materials that can be seen from the exterior of the building.

(e) No unlawful sexual activity or conduct shall be performed or permitted.

(3) Agribusiness.

(a) Structures used for housing and/or feeding animals which represent an intensive agricultural use shall not be located closer than the following minimum setbacks.

[1] Seventy-five feet from all street right-of-way lines.

[2] Fifty feet from all property lines.

[3] Five hundred feet from all RL, RM, and PC Zoning Districts.

[4] Five hundred feet from all dwellings located on adjacent properties or any lots of record less than three acres in size.

(b) A minimum lot size of 50 acres is required.

(c) An approved nutrient management plan in accordance with the PA Nutrient Management Law shall be required.

(d) Notwithstanding anything contained in this chapter to the contrary, all manure and agricultural facilities and buildings, including poultry houses and livestock facilities, shall be managed in a manner so as to prevent pollution and in accordance with all existing and future environmental statutes and regulations, including the Pennsylvania Clean Streams Law.[1]

[1] Editor's Note: See 35 P.S. § 691.1 et seq.

(4) Agricultural tourism operation.

(a) Agricultural tourism is deemed to include a variety of activities designed to provide recreation, entertainment, education, and/or tourism opportunities within an agricultural setting. Agricultural tourism includes hay rides, corn or hay mazes, petting zoos comprised of farm animals, farm tours or stays, historical or living history farms, farm museums, you-pick operations, tree farms, or other operations deemed by the Board of Supervisors, upon Planning Commission review and recommendation, to be of the same general nature as the above uses. Agricultural tourism uses may be operated as an accessory use to a farm or agricultural operation.

(b) The owner of the agricultural tourism use shall be the owner of the farm upon which the agricultural tourism use is located.

(c) Agricultural tourism uses shall be located on a farm or on a property on which agricultural products are grown or produced.

(d) The maximum floor area of any structure devoted to an agricultural tourism use shall be 15,000 square feet of publicly accessible sales activity area.

(e) The amount of off-street parking for agricultural tourism uses to be provided shall be determined by the Board of Supervisors in accordance with testimony provided by the applicant regarding the anticipated volume of customer traffic associated with the agricultural tourism use.

(5) Animal hospital (includes veterinarian office).

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

(b) All buildings in which animals are housed or provided care shall be located at least 200 feet from all lot lines. Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot lines of any dwellings.

(c) Outdoor animal runs may be provided for small animals so long as the runs are at least 200 feet from any existing dwelling.

(d) A commercial kennel shall only be an accessory and not a principal use, unless a kennel is permitted in that district and the applicable requirements are met.

(6) Antennas and wireless communications. Antennas, subject to licensing and/or regulation by the Federal Communications Commission, shall be permitted as accessory structures, provided that:

(a) Any freestanding antenna shall be located at least 15 feet from any dwelling unit or principal structure on the lot.

(b) Antennas and associated structures which do not exceed 30 feet in height shall be located at least 15 feet from any property line. Antennas which exceed 30 feet in height shall provide an additional one foot of clearance for every one foot of height in excess of 30 feet.

(c) Antennas shall not be permitted in any front yard.

(d) The antenna and associated structures shall be securely anchored in a fixed position on the ground and the applicant shall provide qualified evidence that the proposed structure will withstand wind and other forces.

(e) The antenna and its associated supports, such as guy wires, or the yard area containing the structure, shall be protected and secured to guarantee the safety of the general public. Associated supports and guy wires shall not be located any closer than five feet to any property line.

(f) In granting the use, the Board of Supervisors may attach reasonable conditions warranted to protect the public health, safety, and welfare, including, but not limited to, fencing, screening, and increased setbacks.

(7) Banquet hall.

(a) Sufficient staff shall be provided to monitor patron behavior upon their exit of the building into the surrounding areas.

(b) Handicapped parking spaces shall be provided in accordance with ADA[2] requirements. All other parking may be provided with appropriate materials that perform in a durable, dust-free manner.

[2] Editor's Note: See 42 U.S.C. § 12101 et seq.

(c) Sufficient Screening shall be provided between the use, including parking and any outdoor activity areas, and adjacent residential uses or lots.

(d) No music, celebration, event, or related noise shall be tolerated in such a manner as to be plainly audible at a distance of 50 feet from the site in which the use is located between the hours of 11:00 p.m. and 7:00 a.m.

(8) Bed-and-breakfast establishment. Bed-and-breakfast establishments shall meet the following requirements:

(a) Sleeping accommodations shall be located only within the principal dwelling and shall be limited to no more than five rooms for rent with a total size not to exceed 35% or 1,250 square feet of the dwelling, whichever is less.

(b) Not more than 10 adult guests may be accommodated at any one time. The length of stay per guest shall be limited to 15 days.

(c) Off-street parking shall be provided in accordance with Article XIV.

(d) Breakfast/brunch shall be provided only to guests of the establishment.

(e) No more than one bed-and-breakfast establishment is permitted per lot.

(f) No modification to the external appearance of the buildings which would alter its residential character shall be permitted.

(g) An approved means of sewage disposal and water supply shall be provided. Bed-and-breakfast facilities utilizing or proposing to utilize an on-lot sewage disposal system shall obtain a written statement from the Township Sewage Enforcement Officer certifying that the system is properly designed to accommodate the use and that there are no apparent signs of system failure.

(9) Boardinghouses.

(a) Accommodations shall be limited to no more than 10 guest rooms for rent.

(b) Not more than 20 guests may be accommodated at any one time.

(c) Meals for compensation shall be provided only to boarding home guests. No cooking facilities shall be provided or permitted in the individual guest rooms.

(d) Guest rooms shall contain a minimum of 200 square feet of habitable floor area per unit.

(e) Off-street parking shall be provided.

(10) Campgrounds.

(a) There shall be a minimum lot area of 15 acres with a maximum impervious coverage of 10%.

(b) 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 right-of-way line.

(c) Each campsite shall be at least 1,000 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.

(d) An internal road system shall be provided. All roads shall be paved up to the site's internal road system or a distance of 100 feet, whichever is less. The width of one-way access drives shall be at least 14 feet and the width of two-way access drives shall be at least 24 feet. On-drive parallel parking shall not be permitted.

(e) All outdoor play areas shall be set back 100 feet from any property line and screened from adjoining residentially-zoned properties. Such outdoor play areas shall be used exclusively by registered guests and their visitors.

(f) All campgrounds shall furnish centralized sanitary and garbage collection facilities that shall be set back a minimum of 100 feet from any property line. Such facilities shall be screened from any adjoining residential property.

(g) 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 used for residential purposes.

(h) All campgrounds containing more than 100 campsites shall have vehicular access to an arterial or collector street.

(i) A minimum of 20% of the gross area of the campground shall be devoted to active and passive recreational facilities. Responsibility for maintenance of the recreation area shall be with the landowner.

(j) During operation every campground shall have an office in which shall be located the person responsible for operation of the campground.

(k) All water facilities, sewage disposal systems, rest rooms, solid waste disposal, and vector control shall be approved and maintained in accordance with the requirements of the PA DEP.

(l) All lighting shall be arranged and shielded so that no glare or direct illumination shall be cast upon adjacent properties or public streets.

(11) Cellular phone tower.

(a) Evaluation of siting opportunities. The applicant shall demonstrate compliance with the following requirements:

[1] The applicant shall demonstrate that the proposed facility is needed at the proposed location. The applicant shall provide an existing coverage analysis demonstrating a "dead spot" at or near the proposed tower location.

[2] The applicant shall demonstrate that it contacted owners of all existing structures in excess of 50 feet in height, within a 1/4 mile radius of the proposed site, asked for permission to install the cellular antenna on those structures. Installation opportunities include, but are not limited to, smokestacks, water towers, agricultural silos, stall buildings, towers operated by other cellular phone companies, and the communications towers (fire, police, etc.). If the applicant can demonstrate that no siting opportunities exist except for the proposed site, then the applicant may proceed with the proposed site, provided all other requirements can be achieved.

[3] The applicant shall provide an analysis that assesses potential negative impacts on neighboring residents and properties, and how negative impacts will be effectively mitigated.

(b) Tower height. The applicant shall demonstrate that the tower is the minimum height required to function satisfactorily. The applicant shall provide coverage analyses for a sufficient range of tower heights to demonstrate the relationship between tower height and coverage "dead spots."

(c) Siting requirements. Where the construction of a new tower is proposed, the following siting criteria are required:

[1] The minimum distance between the base of a tower, or any anchoring guy wires, and any public road right-of-way shall be 30% of the tower height.

[2] The minimum distance between the base of a tower, or any anchoring guy wires, and residential, church, or school property shall be 200 feet.

[3] Where feasible, the applicant shall use one or more of the following natural features as siting opportunities: tree stands, sides of hills, etc.

(d) Tower safety. The applicant shall demonstrate that the proposed tower will not negatively affect surrounding areas as a result of support structure failure, falling ice or other debris, or radius frequency interference. All towers shall be fitted with anticlimbing devices, as approved by the manufacturers.

(e) Tower type. Where the construction of new support structure is proposed, the applicant shall use a single pole or davit construction where the proposed site meets one or more of the following locational criteria:

[1] Within one mile of a site or district listed in the National Register of Historic Places.

[2] Within one mile of a site or district deemed eligible by the State Historic Preservation Office for listing in the National Register of Historic Places.

[3] Within the Agricultural (AG), Rural Conservation (RC), Residential Low Density (RL), Residential Medium Density (RM), Commercial Corridor (CC), or Planned Community (PC) District as defined in this chapter.

Lattice towers may be used in locations which fall outside the established location criteria of this section.

(f) Landscaping. Where the construction of a new tower is proposed, the applicant shall demonstrate compliance with the following landscaping requirements:

[1] The base of the tower, any supporting cables or guy wires, maintenance buildings, and parking areas, shall be enclosed by a protective fence. The protective fence shall be a minimum of six feet in height.

[2] An evergreen screen shall be planted around the external perimeter of the protective fence. Evergreen trees shall be a minimum of six feet at planting and shall reach a minimum height of 15 feet at maturity. Any trees which die within a year of planting shall be replaced by the applicant.

(g) Color. Where a specific color pattern is not required by the Federal Aviation Administration (FAA), tower colors shall meet the following requirements:

[1] The tower shall be painted green or brown from the base of the tower to the average height of surrounding vegetation.

[2] The tower shall be painted light blue or light gray from the average height of surrounding vegetation to the top of the tower.

(h) Parking. One off-street parking space for a maintenance vehicle shall be provided.

(i) Tower removal agreement. The applicant shall sign a legal agreement stating that when the use of towers to transmit cellular calls becomes obsolete, the tower will subsequently be removed at the applicant's expense. The agreement shall be written in language acceptable to the Freedom Township Solicitor.

(j) Land development approval. The applicant shall obtain land development approval from the local municipality. Proof of land development approval shall accompany the application for the zoning permit.

(12) Cemeteries and monument sales.

(a) No monuments or other merchandise shall be placed in the front yard of a monument sales use.

(b) Sufficient off-street parking shall be provided to prevent the blockage of traffic on adjacent streets.

(c) The internal access drives within a cemetery shall provide for the safe movement of vehicles and shall provide safe points of ingress and egress.

(d) No grave sites shall be located within 50 feet of ail adjoining property line.

(e) A crematorium shall be set back a minimum of 200 feet from all lot lines.

(f) The use shall include an appropriate system for perpetual maintenance of the property.

(13) Child/adult day care facility. Day-care centers, family day care homes, and group day care homes may be established subject to the following conditions:

(a) Operators are responsible for compliance with all Pennsylvania Department of Human Services licensing/registration requirements and any other local, state, or federal regulations.

(b) For facilities with more than eight children or eight adults, an outdoor play recreation area shall be provided. Off-street parking areas shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and shall be completely enclosed by a four-foot-high fence.

(c) Family day care home and group day care home facilities shall be permitted only in single-family detached dwelling units.

(d) Facilities utilizing or proposing to utilize an on-lot sewage disposal system shall obtain a written statement from the Township Sewage Enforcement Officer certifying that the system is properly designated to accommodate the use and that there are no apparent signs of system failure.

(e) Enrollment shall be defined as the largest number of students and/or children under care supervision at any one time during a seven-day period.

(f) 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.

(14) Clubs and/or lodge.

(a) Uses shall be restricted to those not conducted primarily for gain, although a dining room may be operated for the benefit of club members, provided that no permanent sign advertising the sale of food or beverages will be permitted.

(b) A buffer yard/screen planting of no less than 10 feet in depth shall be maintained along all property lines abutting a residential use.

(c) The use will not overburden existing facilities including water, sewer, public roads, storm drainage, etc.

(d) Off-street parking and loading facilities will be provided.

(15) Cluster development. Designated parcels of land greater than 10 acres may be developed as a grouping of single-family residences located to minimize the adverse impacts on environmentally sensitive areas, preserve farmland and provide meaningful view sheds.

(a) Lot area, setback requirements, and impervious coverage requirements may be reduced up to 35% of the applicable district dimensional regulations.

(b) A community sewer system approved and permitted by the Department of Environmental Protection is required.

(c) Land remaining after creating the cluster shall remain under the control of a homeowners' association in perpetuity.

(d) Lots, to the maximum extent feasible, shall be clustered in areas of the tract which are relatively free of environmentally sensitive features.

(e) Access to all lots shall be from interior roads rather than existing roads along the periphery of the tract.

(f) Wherever feasible, disturbance to existing woodland, hedgerows, mature trees, and other significant vegetation shall be minimized.

(g) Maximum density shall be in accordance with the applicable district standards.

(h) Streets shall be designed to standards appropriate for a rural area as defined in Chapter 195, Subdivision and Land Development.

(i) All lots and/or units shall have direct or visual access to the required open space.

(j) As a minimum, 20% of the gross land area must remain as open space. Open space shall include all irreplaceable natural features.

(16) Convenience stores, including fuel sales.

(a) A site circulation plan shall be devised that separates those patrons awaiting fueling service from those patrons awaiting other services to the maximum extent feasible. At a minimum, parking shall not be permitted between the main entrance of the establishment and the refueling bays. Where the area between the main entrance and the parking bays is paved, a "no parking" lane shall be established.

(b) A site plan shall be provided showing building dimension and placement, internal circulation, landscaping, location and size of signage, and all other pertinent design information needed for the Board of Supervisors complete review of the project.

(c) Canopies shall be located no less than 10 feet from the right-of-way line.

(d) Fuel pumps shall be located at least 25 feet from any public right-of-way or 50 from the street center line, whichever is greater.

(17) Conversion apartment.

(a) The proposed conversion shall conform to the regulations for the district in which it is located. The minimum habitable floor area of such converted dwelling unit shall be provided in accordance with § 230-62.

(b) There shall be no exterior evidence of change in the building except as required by applicable Building or Housing Codes.

(c) Adequate off-street parking shall be provided in accordance with Township ordinances.

(d) An approved means of sewage disposal and water supply shall be provided. Conversion apartment utilizing or proposing to utilize an on-lot sewage disposal system shall obtain a written statement from the Township Sewage Enforcement Officer certifying that the system is properly designed to accommodate the use without expansion of the system and there are no apparent signs of system failure.

(e) Separate cooking and sanitary facilities shall be provided for each apartment unit.

(18) Cottage industry.

(a) Background. The Township recognizes the need to establish regulations pertaining to home-based occupations as a result of the increased need for diversity of income. Such regulations must be developed in a manner which protects adjacent uses from adverse effects. Since home-based occupations in sparsely populated areas do not typically represent a significant threat to adjacent property owners, the Township has created regulations for cottage industries. For the purposes of this chapter, a "cottage industry" is defined as an occupation or business conducted by a resident in a dwelling or building accessory to the dwelling as an accessory use which is clearly subordinate to the residential use. It is permitted by conditional use in all zoning districts.

(b) Conditions. All properties containing a cottage industry shall comply with the following regulations.

[1] The person primarily responsible for the cottage industry shall be a full-time resident.

[2] No more than two persons not in residence in the dwelling shall be employed in the cottage industry.

[3] The cottage industry shall be conducted entirely within the dwelling and/or accessory building on the same lot as the dwelling.

[4] The total floor area of the cottage industry shall not exceed 2,000 square feet.

[5] A cottage industry shall not be located on a lot which is less than five acres in size.

[6] An accessory building utilized for a cottage industry shall comply with all lot coverage and yard requirements contained in the applicable zoning district regulations for single-family detached dwellings.

[7] No more than one cottage industry shall be permitted on any lot.

[8] No displays or change in the building facade shall indicate from the exterior that the dwelling or accessory building is being utilized for purposes other than a dwelling or accessory building.

[9] To prevent on-street parking, the resident responsible for the cottage industry shall provide adequate off-street parking.

[10] Storage of materials, finished products, or machinery used for the cottage industry shall be wholly enclosed by the dwelling or accessory building, within the maximum floor area previously defined, and shall not be visible from any adjacent lot or street.

[11] Deliveries shall not restrict traffic circulation.

[12] No traffic shall be generated by the cottage industry in greater volumes than would normally be expected in a rural area.

[13] A cottage industry shall not produce noise, obnoxious odors, vibrations, lighting glare, fumes, smoke, or electrical interference detectable to normal sensory perception outside the structure.

[14] There shall be no illegal discharge of any materials, fluids, or gases into the sewage disposal facilities or in any other manner which would be in violation of any applicable government code.

[15] Sales of goods on the premises shall be limited to goods made on the premises or goods relating to services performed on the premises.

[16] Any accessory structure utilized in a cottage industry shall be architecturally and structurally compatible with the residence on the property.

(19) Elder care facility. Elder care facilities may include nursing care facilities, congregate living facilities, assisted living apartments, and/or independent living arrangements in whatever form, and shall comply with the following requirements:

(a) All accessory uses for elder care facilities shall be limited to facilities serving employees, residents, and guests of residents. Accessory uses may include offices, maintenance facilities, recreational facilities, libraries, chapels, health care facilities, gift shops, banks, snack bar, village stores, pharmacies, barbershops, beauty shops, and other personal services.

(b) The density of an elder care facility shall not exceed six units per acre. For the purpose of this section, one unit shall be equivalent to:

[1] One independent dwelling unit;

[2] One apartment housing unit; or

[3] Eight personal, skilled, or nursing care beds.

(c) The maximum impervious lot coverage shall be 50%.

(d) The facilities shall be licensed by appropriate state and federal regulatory agencies.

(e) Bulk, setback and building separation requirements.

[1] Bulk and setback requirements:

[a] Minimum lot area: 20 acres.

[b] Minimum front area: 100 feet.

[c] Minimum side area: 50 feet.

[d] Minimum rear yard: 50 feet.

[e] Minimum lot width: 250 feet.

[2] Separation of buildings.

[a] Side to side: 20 feet.

[b] Side to rear: 30 feet.

[c] Side to front: 50 feet.

[d] Front to front: 50 feet.

[e] Front to rear: 50 feet.

[f] Rear to rear: 50 feet.

[g] Corner to corner: 20 feet.

(f) An evergreen screening, with trees having a minimum size of six feet in height at the time of planting, shall be provided along all adjacent property lines (excluding property lines along public roads). In addition, storage areas for trash and recyclable materials shall be screened from view of adjacent properties.

(g) Lighting facilities shall not produce direct glare on adjacent properties.

(h) The applicant proposing an elder care facility shall obtain documentation from appropriate providers of ambulance service indicating the ability to provide service to the site.

(i) Interior drives, alleys, or streets shall be designed to prevent the blockage of vehicles entering or leaving the site. The minimum cartway width of interior drives shall be 12 feet for one-way streets and 20 feet for two-way streets. In addition, all elder care facilities shall have two means of access for emergency vehicles.

(j) Pedestrian walkways shall be accessible from the entrance of each residential structure.

(k) The applicant shall demonstrate that the proposed use will be provided with an adequate supply of water and means of sewage disposal.

(l) Adequate and usable open space areas shall be provided.

(m) The maximum height of buildings shall be 35 feet.

(n) The following minimum parking standards shall apply to elder care facilities:

[1] Independent dwelling unit: one space for each unit plus one visitor space for every five units.

[2] Assisted living/nursing care unit: one space for every four beds.

[3] Staff parking: one space for each staff member working the largest shift.

(20) Farm market.

(a) A farm market shall be intended to offer for sale primarily agricultural products produced either on the farm where the farm market is located or on other farms located within Adams County, as well as other agriculturally related products. A minimum of 25% of the sales from the farm market shall be agricultural or agriculturally related products produced either on the farm or on surrounding farms within Adams County. A maximum of 75% of the sales from the farm market may be from products produced outside Adams County.

(b) The owner of the farm market shall be the owner of the farm upon which the farm market use is located.

(c) Farm markets shall be located on a farm or on a property of at least five acres in size on which agricultural products are grown or produced.

(d) The maximum floor area of any structure devoted to a farm market shall be 15,000 square feet of publicly accessible sales activity area.

(e) Within the Agricultural Preservation (AP) District, a farm market use shall contribute to the total number of uses or lots that may be developed on a property in accordance with the scale established in § 230-17A(2) of this chapter.

[Amended 2-9-2022 by Ord. No. 2022-02; 2-9-2022 by Ord. No. 2022-03]

(21) Farm-related occupation.

(a) Not more than two farm-related occupations per farm shall be permitted.

(b) Not more than a total of 2,400 square feet of structure floor area shall be utilized for all farm-related businesses. Such space shall be physically partitioned from the principal use or other accessory uses.

(c) Not more than 600 square feet of total outdoor display space for all farm-related businesses shall be permitted. Outdoor display shall be limited to daylight hours and must be removed after dusk.

(d) Not more than one person other than residents of the farm shall be employed.

(22) Farm worker housing.

(a) The occupants of the farm worker housing facility shall be employed as laborers on the farm or agricultural operation where the farm worker housing facility is located.

(b) The owner of the property shall not lease the farm worker housing facility dwelling unit(s) to persons not employed by the farm or agricultural operation.

(c) The owner of the property shall maintain the farm worker housing facility in compliance with any applicable Pennsylvania Department of Agriculture requirements or other state requirements for farm labor housing.

(23) Financial establishment. A site plan shall be provided to the Township for use during the conditional use hearing during which the project will be reviewed. The site plan shall show building dimension and placement, internal circulation, landscaping, location and size of signage, and all other pertinent design information needed for the Zoning Hearing Board's complete review of the project.

(24) Financial establishment with drive-through service.

(a) Space for a minimum of eight occupied vehicles is required for those patrons waiting in line for drive-through service. This distance shall be measured from the point at which drive-through patrons receive banking services through bank teller windows.

(b) The required space for the drive-through line shall be separated, to the maximum feasible extent, from parking spaces for non-drive-through customers and from pedestrian walkways and shall be incorporated into an overall circulation plan for the site.

(c) The drive-through facility, including teller windows and intercom, and the driveway shall be located along the side or rear faces of the bank or financial institution. In no event will the drive-through facility be permitted along the front face of the bank or financial institution, between the principle structure and the adjoining public road.

(d) A site plan shall be provided to the Township for use during the conditional use hearing during which the project will be reviewed. The site plan shall show building dimension and placement, internal circulation, landscaping, location and size of signage, and all other pertinent design information needed for the Zoning Hearing Board's complete review of the project.

(25) Golf course.

(a) The minimum lot area shall be as follows:

[1] Regulation eighteen-hole: 6,000 to 7,000 yards in length, 130 acres.

[2] Executive eighteen-hole: 3,000 to 4,000 yards in length, 60 acres.

[3] Nine-hole: 3,100- to 3,500 yards in length, 60 acres.

[4] Par three - eighteen-hole: 2,000 to 2,500 yards in length, 45 acres.

(b) The course shall be designed so that golf balls will not be driven across any building, road or parking lot.

(c) There shall be a minimum setback of 150 feet from the center line of the fairway to any adjacent residential structure.

(d) Any points where the golf course crosses a road shall be signed warning motorists and pedestrians.

(e) A clubhouse, tennis facilities, pool, retail sales of golf supplies or restaurant may be permitted as an accessory use if located a minimum of 250 feet from any exterior lot line.

(f) No outdoor storage of maintenance equipment shall be permitted.

(g) Maximum impervious coverage is 10%.

(h) Fairways and greens shall be set back a minimum of 40 feet from the lot line of any abutting property or the existing right-of-way line of any street.

(26) Group home.

(a) The group home must involve persons functioning as a common household and/or family.

(b) May involve providing nonroutine support services and oversight to persons who need such assistance to avoid being placed within an institution because of a physical disability, old age, mental disability, or other handicap as defined by applicable federal law.

(c) The provider and the structure shall be licensed by the appropriate county and/or state agencies and shall comply with all applicable rules and regulations.

(d) No more than 12 residents shall occupy a group home at one time.

(e) There shall be twenty-four-hour resident supervision by people qualified by training and experience in the field for which the group home is intended.

(f) Any medical or counseling services provided shall be done so only for residents of the group home.

(g) The lot on which a group home is located shall be at least 1,000 feet from the lot on which another group home or halfway house is located. Such distance shall be measured in a horizontal straight line from the nearest point on one lot to the nearest point on the other lot.

(h) There shall be no alteration to the outside of the structure that would alter the single-family character of the dwelling, be inconsistent with the basic architecture of the dwelling, or be incompatible with surrounding dwellings.

(i) No sign for the group home shall be displayed.

(j) The use shall not meet the definition of "halfway house" in § 230-6 of this chapter.

(k) The use shall not involve the housing or treatment of persons who could reasonably be considered a threat to the physical safety to others.

(27) Halfway house.

(a) No more than six residents shall occupy a halfway house at one time.

(b) The provider and the structure shall be licensed by the appropriate county and/or state agencies and shall comply with all applicable rules and regulations.

(c) Any medical or counseling services provided shall be done so only for residents of the halfway house.

(d) The lot on which a halfway house is located shall be at least 1,000 feet from the lot on which another halfway house or group home is located. Such distance shall be measured in a horizontal straight line from the nearest point on one lot to the nearest point on the other lot.

(e) No sign for the halfway house shall be displayed.

(f) The applicant shall provide a written description of all types of residents the use is intended to include over the life of the permit. Any future additions or modifications to this list shall require approval of the Board of Supervisors as a conditional use.

(g) The applicant shall prove, with the full burden of proof upon the applicant, to the satisfaction of the Board of Supervisors, that such use will involve adequate supervision and security measures to protect public safety.

(h) The Board of Supervisors may place conditions on the use as necessary to protect public safety, including conditions on the types of residents and security measures.

(28) Home occupation.

(a) The home occupation shall be carried on completely within the dwelling unit or an accessory structure.

(b) Not more than 35% of the habitable floor area of the dwelling unit, excluding attached accessory structures, shall be utilized for all home and farm occupations. Attached structures, including, but not limited to garages, outbuildings, sheds, carports and enclosed or unenclosed walkways; or detached accessory structures, may be used for the home occupation.

(c) Articles sold or offered for sale shall be limited to those produced on the premises, sold as part of a home party sales operation, for food served as part of a bed-and-breakfast establishment, or for a licensed distributorship conducted by the resident.

(d) Outdoor display shall be restricted to daylight hours and must be removed after dusk.

(e) There shall be no exterior indications of the home occupation or variation of the residential character of the main building.

(f) The home occupation shall not cause any external impact such as increased noise, excessive lighting, or offensive odor.

(g) Home occupations may include the following: dance studio, antique shop, professional offices, etc.

(29) Hospital.

(a) A hospital shall be located on a lot abutting and having direct vehicular access onto an arterial or collector road as defined in § 195-8 of this Code.

[Amended 2-9-2022 by Ord. No. 2022-02; 2-9-2022 by Ord. No. 2022-03]

(b) A minimum of two access drives shall be provided from such arterial or collector road as defined in § 195-8 of this Code. However, the hospital shall make the maximum use possible of interior roads or access drives, as opposed to numerous driveways entering onto existing public roads.

[Amended 2-9-2022 by Ord. No. 2022-02; 2-9-2022 by Ord. No. 2022-03]

(c) A hospital may include various accessory uses that are customarily incidental to and in direct support of the primary health care mission of the hospital. Such accessory uses could include the following facilities, which shall be integrated with the hospital facilities:

[1] Medical and administrative offices.

[2] Medical laboratory or blood donor station.

[3] Patient hostel.

[4] Hospital staff dormitory.

[5] Ambulance service.

[6] Methadone clinics and drug rehabilitation facilities.

[7] Pharmacy.

[8] Gift shop.

[9] Teaching facilities.

[10] Research facilities.

[11] Interior service and convenience uses.

(d) The principal and accessory uses comprising the hospital may be located in a single building or may consist of several buildings located on one or more lots.

(e) The hospital shall be in single ownership and shall consist of harmonious groupings of buildings, service and parking lots, circulation, and open space.

(f) Setback requirements shall not be applied along internal lot lines of the hospital for common parking lots serving buildings on multiple lots. All parking lots shall be suitably paved with permanent hard-surface coverings.

(g) All buildings within a hospital development shall be provided with centralized sewer and water services.

(h) The facility shall comply with all applicable federal, state, county, and local regulations and shall be licensed as required by the state.

(i) Lighting for buildings, accessways and parking lots shall comply with the requirements of this chapter.

(j) Any patient or hospital staff dormitory shall comply with the following requirements:

[1] Permitted accessory uses may include laundry facilities. These accessory uses shall be intended only for use by the residents of the patient hostel or the hospital staff dormitory.

[2] Any hospital staff dormitory shall be located a minimum of 150 feet from any lot line of an existing dwelling or boundary of a residential district.

[3] Any hospital staff dormitory shall have a maximum capacity of one resident per 500 square feet of lot area and shall be restricted to hospital staff members.

(30) Indoor recreational facilities.

(a) Indoor recreational facilities shall be located at least 1,000 feet from school buildings, school playgrounds, and church buildings.

(b) The facility, if accessory to a principal use, shall be located in a separate room, separate from other uses on the premises and from pedestrian circulation to and from such other uses.

(c) Readily visible signs shall be installed, with their location, size, and text shown in plans submitted as part of the application for the conditional use, prohibiting the use of amusement devices by persons under 16 years of age during normal school hours, and, where the premises are used primarily for the serving or consumption of alcohol, prohibiting the use of such amusements by persons under 21 years of age at all times.

(31) Junkyards.

(a) Junk/salvage shall be stored in piles not exceeding eight feet in height and shall be arranged so as to permit easy access for firefighting purposes.

(b) All operations shall be screened from all rights-of-way and adjoining properties by a buffer yard and screen planting of no less than 20 feet in depth established along the perimeter lot line.

(c) No open burning shall be permitted.

(d) Operations shall be conducted in compliance with applicable standards.

[Amended 2-9-2022 by Ord. No. 2022-02; 2-9-2022 by Ord. No. 2022-03]

(e) All junkyards shall meet the licensing and screening requirements of Pennsylvania Act 4 of Special Session Number 3 of 1966, prohibiting junk from being located within 1,000 feet from the right-of-way of any interstates or primary roads (roads conveying traffic from one municipality to another). All other yards shall be provided in accordance with the regulations of the district in which the facility is located.

(32) Kennels.

(a) All kennels shall be licensed by the Commonwealth of Pennsylvania and shall be constructed and maintained in accordance with the Pennsylvania Code, Title 7, Part II, Chapter 21 entitled, General Provisions; Kennels; Licensure; Dog-Caused Damages, as amended.

(b) All buildings in which animals are housed and all runs shall be located at least 200 feet from all lot lines. Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot line.

(c) Outdoor runs may be provided if appropriate screening is provided. No animal shall be permitted to use the outdoor runs from 8:00 p.m. to 8:00 a.m.

(33) Landfills.

(a) Landfills shall be constructed, licensed, and operated in accordance with the Adams County Solid Waste Plan and/or all applicable local, county and commonwealth laws and regulations.

(b) Operations shall be conducted in compliance with applicable standards.

[Amended 2-9-2022 by Ord. No. 2022-02; 2-9-2022 by Ord. No. 2022-03]

(c) All activities shall be buffered and screened from adjoining properties and public rights-of-way by a width of 20 feet along the property line.

(34) Medical marijuana dispensary facility.

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

(b) The medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed, permanent, and secure building.

(c) The medical marijuana dispensary may not operate on the same site as a medical marijuana grower/processor facility.

(d) The medical marijuana dispensary facility shall have a single secure public entrance and shall implement security measures to prevent the unauthorized entrance into areas containing medical marijuana.

(e) The medical marijuana dispensary facility shall not include any of the following functions or features.

[1] Drive-through service or facilities.

[2] Outdoor seating areas.

[3] Outdoor vending machines.

[4] Direct or home delivery service.

(f) The medical marijuana dispensary facility shall prohibit the administration of or the consumption of medical marijuana on the premises.

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

(h) The medical marijuana dispensary facility shall be separated by a minimum distance of 1,000 feet from any other medical marijuana dispensary facility. This distance shall be measured in a straight line from the closest exterior walls of the buildings or portions thereof in which the medical marijuana dispensary facilities are conducted or proposed to be conducted, regardless of the municipality in which it is located.

(35) Medical marijuana transport vehicle service.

(a) Any Medical marijuana storage, including temporary storage, at a medical marijuana transport vehicle service facility shall be secured to the same level as that for a medical marijuana grower/processor facility.

(b) Transport vehicles associated with a medical marijuana transport vehicle service shall be equipped with a locking cargo area.

(c) Transport vehicles associated with a medical marijuana transport vehicle service shall have no markings that would identify the vehicle as being used to transport medical marijuana.

(36) Mobile home park. All applications for mobile home parks shall comply with the design and performance standards for mobile homes and mobile home parks as established in Chapter 195, Subdivision and Land Development, of the Code of Freedom Township.

(37) Multifamily dwelling unit.

(a) There shall be no more than eight dwelling units per building.

(b) No building shall be in excess of two stories in height.

(c) A visual structural break shall be provided between every four dwelling units.

(d) Lot area per dwelling unit shall be in accordance with the area required by the applicable district.

(e) Setbacks between buildings or property lines shall be as required by the applicable district.

(38) No-impact home-based business.

(a) The business activity shall be compatible with the residential use of the property and surrounding residential uses.

(b) The business shall employ no employees other than family members residing in the dwelling.

(c) There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

(d) There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

(e) The business activity may not use any equipment or process, which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

(f) The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

(g) The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

(39) Outdoor storage and display.

(a) Outside storage or product display shall not occupy any part of the street right-of-way and no other area intended or designed for pedestrian use, required parking areas, nor required front yard.

(b) Outside storage areas excluding product display areas, shall be shielded from view from public streets.

(c) Roadside produce stands and plant nurseries shall be exempted from outdoor storage limitations.

(40) Place of worship.

(a) A minimum of two and a maximum of six acres of land shall be devoted to such use for structures, parking, storage, display, setbacks, and landscaping.

(b) No more than 40% of the area devoted to a place of worship shall be covered by buildings, parking lots, or any other impervious surface.

(41) Public utility facility. Public utility facilities maintaining their minimum use shall be permitted in any district without regard to the use and area regulations under state and federal regulations; provided, however, that buildings or structures erected for these utilities shall be subject to the following regulations:

(a) Front yards shall be provided in accordance with the regulations of the district in which the facility is located. Side yards shall be a minimum of 10 feet.

(b) Height restrictions shall be as required by the district regulations.

(c) Unhoused equipment shall be enclosed within a chain link fence eight feet in height topped with barbed wire.

(d) When equipment is totally enclosed within a building, no fence or screen planting shall be required and the yards shall be maintained in accordance with the district in which facility is located.

(e) If adjacent to a residential district, buffer yards and screened plantings shall be required in accordance with Chapter 195, Subdivision and Land Development.

(f) The external design of the building shall be in character with existing buildings in the respective district.

(g) No structure shall be used as an everyday work area.

(h) The facility shall comply with applicable standards.

[Amended 2-9-2022 by Ord. No. 2022-02; 2-9-2022 by Ord. No. 2022-03]

(42) Recycling center.

(a) All facilities shall be operated and licensed in accordance with Pennsylvania Department of Environmental Protection rules and regulations.

(b) All operations shall be screened from all rights-of-way and adjoining properties by a buffer yard and screen planting of no less than 10 feet in depth, established along lot lines.

(c) The site shall be maintained free of litter and other undesirable materials and cleaned of loose debris daily.

(d) Outside storage of materials shall be in sturdy containers or enclosures which are covered, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. Outside storage, excluding truck trailers, shall not be visible above the height of the screen planting.

(e) Front, side, and rear yards shall be provided in accordance with the regulations of the district in which the facility is located.

(f) Off-street loading spaces or berths shall be provided on site for three vehicles or the anticipated peak customer load, whichever is greater, to circulate and to deposit recyclable materials. All loading spaces and berths shall be designed in accordance with Article XIV.

(g) Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material may be permitted in accordance with applicable standards established herein.

[Amended 2-9-2022 by Ord. No. 2022-02; 2-9-2022 by Ord. No. 2022-03]

(h) Containers provided for after-hours donation of recyclable materials shall be located at least 50 feet from any property zoned, occupied, or planned for residential use; shall be of sturdy, rustproof construction; shall have sufficient capacity to accommodate materials collected; be secure from unauthorized entry or removal of materials; and be clearly marked to identify the type of materials that may be deposited within them.

(i) Outside storage shall be no greater than eight feet in height; a minimum twelve-foot gravel aisle shall be established between rows of containers; and a fence eight feet in height shall be constructed around the storage area.

(43) Restaurants with drive-through service.

(a) Space for a minimum of eight occupied vehicles is required for those patrons waiting in the drive-through line for service. This distance shall be measured from the point at which food orders may be taken.

(b) The required space for the drive through line shall be separated, to the maximum feasible extent, from parking spaces for non-drive-through customers and from pedestrian walkways and shall be incorporated into an overall circulation plan for the site.

(c) The drive-through facility, including intercom and menu, driveway, and service windows, shall be located along the side or rear faces of the restaurant. In no event will the drive-through facility be permitted along the front face of the restaurant, between the restaurant and the adjoining public road.

(d) A site plan shall be provided to the Township for use during the conditional use hearing during which the project will be reviewed. The site plan shall show building dimension and placement, internal circulation, landscaping, location and size of signage, and all other pertinent design information needed for the Board of Supervisor's complete review of the project.

(44) Retreat.

(a) The minimum acreage for a retreat shall be five acres.

(b) The maximum floor area for all areas used in connection with the retreat shall be no greater than 5% of the total lot area.

(c) Overnight accommodations shall be accessory to the primary use of the property proposed as a retreat and shall not be open to the general public as a standalone use. The maximum length of stay for any guest(s) shall be seven consecutive days per singular event.

(d) Adequate off-street parking shall be provided in accordance with Township ordinances.

(45) Rural events venue.

(a) A proposed rural events venue shall be of a scale and intensity so that the use is compatible with existing or proposed uses on adjacent parcels, or in the immediate vicinity. Adequate setbacks and Buffers must be provided so as to prevent adverse impacts on adjoining parcels.

(b) For event barns and rural events venues on agricultural or formerly agricultural lots, the use must not interfere with the ability of the property to return to an agricultural use in the future.

(c) Handicapped parking spaces shall be provided in accordance with ADA[3] requirements. All other parking may be provided as reinforced grass, or similar method so as not to interfere with any future return of the property to an agricultural use.

[3] Editor's Note: See 42 U.S.C. § 12101 et seq.

(d) The lot on which the rural events venue is located shall be a minimum of 25 acres.

(e) The maximum floor area for all permanent structures associated with the rural events venue shall be no more than 15% of the total lot area.

(f) The maximum permitted occupancy for all rural events venues shall be 199 persons.

(g) All buildings, parking, loading, and other indoor or outdoor use areas shall be located a minimum of 200 feet from existing residential dwellings on adjacent parcels, and shall be buffered as deemed appropriate by the Board of Supervisors.

(h) Events and activities must cease by 11:00 p.m. on Friday and Saturday, and 9:00 p.m. Sunday through Thursday, unless further restricted by the Board of Supervisors in accordance with Subsection A(45)(k) of this § 230-62.

[Amended 2-9-2022 by Ord. No. 2022-02; 2-9-2022 by Ord. No. 2022-03]

(i) Overnight accommodations shall be accessory to the principal use of the property as an events venue and shall not primarily be open to the general public as a stand-alone use. The maximum length of stay for any guest(s) shall be seven consecutive days per singular event.

(j) Approval of application with Sewage Enforcement Officer is a prerequisite to issuance of a zoning permit.

(k) The Board of Supervisors shall have the authority to further limit hours of operation, number of events per year, number of attendees, etc., on a case-by-case basis.

(46) Shopping centers.

(a) A planned shopping center shall contain a minimum of six separate uses.

(b) Parking lots shall be designed with an easily discernible circulation pattern and shall meet the following requirements.

[1] Aisles of parking shall be arranged perpendicularly from the front face of the center.

[2] Terminal islands shall be installed at both ends of each row of parking. Terminal islands shall be a minimum of 15 feet long and a minimum of five feet wide. The terminal islands shall be landscaped.

[3] Divider strips shall be placed between adjoining rows of parking to prevent traffic movements across parking aisles. The divider strips shall be landscaped.

[4] The minimum distance between the sidewalk adjacent to the main entrances of establishments and the parking area shall be 30 feet. The developer shall prove, to the satisfaction of the Board of Supervisors and Township Engineer that sufficient spaces will exist between the sidewalk and the parking area to allow two-way traffic, and a pick-up/fire lane; parking shall not be permitted in the required pickup/fire lane.

(c) The planned shopping center shall be designed in accordance with a unified architectural theme. Similar and complimentary building dimensions, materials, and rooflines shall be designed for all proposed uses within the planned shopping center.

(d) In addition to the sign permitted by Article XV for each business on a lot, the planned shopping center shall be permitted one monument-style sign located near the entrance to the planned shopping center. The sign may identify the name of the planned shopping center and the individual businesses within the planned shopping center. The sign shall not exceed 100 square feet in size on each side of the sign.

(e) A site plan shall be provided to the Township for use during the conditional use hearing during which the project will be reviewed. The site plan shall show building dimension and placement, internal circulation, landscaping, location and size of signage, and all other pertinent design information needed for the Board of Supervisors' complete review of the project.

(47) Single-family attached dwelling unit.

(a) There shall be no more than six attached units in a row.

(b) A visual structural break either in the roof line or front facade shall be provided between every other dwelling unit.

(c) No building composite shall exceed 140 feet in length.

(d) Setbacks between buildings or property lines shall be required by the applicable district.

(e) Lot area per dwelling unit shall be in accordance with the area required by the applicable district.

(48) Solar farm. A solar farm shall not be considered an accessory use, but may operate as a principal use on a lot with other principal uses, provided the following standards are met:

(a) The facility shall receive land development plan approval from the Township in accordance with Chapter 195, Subdivision and Land Development. Should conditional use review of the facility occur prior to land development plan submission, conditional use approval shall include a condition that the applicant achieve land development plan approval.

(b) The facility shall be situated as to minimize impacts to wetlands, threatened and endangered species, woodlands, and to minimize vegetation clearing, grading, and soil compaction. In no event shall wooded acreage comprising more than 2% of the deeded acreage of the lot be removed.

(c) Facilities located within the Floodplain Overlay (FO) District of this chapter or within a designated wetland shall be subject to permitting and inspections with regard to applicable local, state, or federal environmental regulations. Issuance of any required permitting shall be listed as a condition of approval for the zoning permit required by this chapter.

(d) The location of solar arrays and all other accessory structures and buildings shall be subject to fifty-foot setbacks from all property lines, or to the setback requirements of the underlying zoning district, whichever is greater.

(e) Solar arrays shall not exceed 20 feet in height. For fixed solar arrays, height shall be measured at the highest point of the solar array above ground level. For solar arrays designed to rotate, height shall be measured with the solar array oriented at maximum tilt.

(f) The facility shall be exempt from the maximum lot coverage standard of the underlying zoning district within which the facility is proposed.

(g) Solar panels shall have a surface that minimizes glare and shall be shielded, buffered, and directed so that glare will not become a nuisance to adjoining properties, adjoining districts, or streets.

(h) The facility shall not be artificially illuminated except to the extent required by safety or by any applicable federal, state or local authority.

(i) All utility lines, including power and communications lines running between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground.

(j) Fencing shall be subject to setback standards of the underlying zoning district, and all fencing shall be buffered with a mix of evergreen, deciduous, and shrub plantings for screening. state or federal requirements regarding height and hazardous attachments shall supersede requirements herein.

[Amended 2-9-2022 by Ord. No. 2022-02; 2-9-2022 by Ord. No. 2022-03]

(k) To prevent erosion, manage run-off, and provide ecological benefit, the facility shall be planted with low-profile native pollinator ground cover with high infiltration rates, using a mix appropriate for the region and soil conditions. Prior to construction, the operator shall prepare a landscape monitoring and maintenance plan to ensure the establishment and continued maintenance of the native pollinator species, all installed landscape screening, and all existing vegetation that provides required landscape screening. Alternatively, the operator may permit livestock grazing on the solar farm grounds.

(l) Consultation from the Adams County Conservation District is required at the time of the conditional use application to evaluate potential for environmental impact and proposed landscaping and maintenance plans. The proposed Solar farm plan shall comply with recommendations of the Conservation District regarding environmental impact reduction, drainage, plantings and Landscaping, and maintenance of said plantings and landscaping.

(m) A sign shall be posted providing the name of the operator, the facility's complete 911 address, and a twenty-four-hour contact number.

(n) Damaged solar panels shall be removed, repaired, or replaced within 60 days of the damage. The ground shall remain free of debris from damaged solar panels at all times.

(o) Decommissioning.

[1] The solar farm owner is required to notify the Township immediately upon cessation or abandonment of the operation. The solar farm shall be presumed to be discontinued or abandoned if no electricity is generated by such system for a period of 12 continuous months.

[2] The solar farm owner shall then have 12 months in which to dismantle and remove the solar farm, including all solar related equipment or appurtenances related thereto, including but not limited to buildings, cabling, electrical components, roads, foundations, solar facility connections and other associated facilities.

[3] To the extent possible the materials shall be resold or salvaged. Materials that cannot be resold or salvaged shall be disposed of at a facility authorized to dispose of such materials by federal or state law.

[4] Any soil exposed during the removal shall be stabilized in accordance with applicable erosion and sediment control standards.

[5] Any access drive paved aprons from public roads shall remain for future use.

[6] The solar farm area shall be restored to its preexisting condition, suitable for its prior use, except the landowner may authorize, in writing, any buffer landscaping or access roads installed to accommodate the Solar farm to remain.

[7] Any necessary permits, such as erosion and sedimentation and NPDES permits, shall be obtained prior to decommissioning activities.

[8] At the time of issuance of the permit for the construction of the SEF, the owner shall provide financial security in the form and amount acceptable to the Township to secure its obligations under this section.

[a] The SEF developer shall, at the time of application, provide the Township with an estimate of the cost of performing the decommissioning activities required herein, together with an administrative and inflation factor of 25% to account for the cost of obtaining permits to complete said activities. The estimate may include an estimated salvage and resale value, discounted by a factor of 20%. The decommissioning cost estimate formula shall be gross cost of decommissioning activities + administrative factor of 25% - salvage and resale credit of 80% = the decommissioning cost estimate.

[b] On every fifth anniversary of the date of providing the decommissioning financial security, the solar farm owner shall provide an updated decommission cost estimate, utilizing the formula set forth above with adjustments for inflation and cost and value changes. If the decommissioning security amount changes, the solar farm owner shall remit the increased financial security to the Township within 30 days of the approval of the updated decommissioning security estimate by the Township.

[c] Decommissioning security estimates shall be subject to review and approval by the Township and the solar farm developer/owner shall be responsible for administrative, legal, and engineering costs incurred by the Township for such review.

[d] At no time shall the financial security be an amount less than $500,000.

[e] The decommissioning security may be in the form of cash, letter of credit, or an investment grade corporate guarantee rated BBB-/Baa3 or better by S&P, Moody's, or AM Best, as applicable.

[f] Prior to approval of any plan or permit for a solar farm, the solar farm developer shall enter into a decommissioning agreement with the Township outlining the responsibility of the parties under this agreement as to the decommissioning of the solar farm.

(49) Surface mining.

(a) The minimum lot area shall be five acres.

(b) A fifty-foot vegetative buffer is required adjacent to all property lines. The Board of Supervisors may also require secure fencing in locations where needed to protect public safety.

(c) Unless otherwise provided for by the Pennsylvania Department of Environmental Protection, the following setback regulations shall apply:

[1] Activities shall not be nearer than 100 feet of any property line or public street.

[2] Activities shall not be nearer than 300 feet of an occupied dwelling unit, or commercial or industrial building, unless released by the owner thereof.

[3] Activities shall not be nearer than 300 feet of a public building, school, community or institutional building, or a public park.

[4] Activities shall not be nearer than 100 feet of a cemetery.

[5] Activities shall not be nearer than 100 feet of a bank of a perennial or intermittent waterway.

[6] All activities shall be protected by a fence or wall six feet high and shall have openings no larger than six inches.

[7] Quarry walls shall not be readily visible from public streets or adjacent developed properties, except for ingress and egress roads.

(d) All activities shall comply with applicable standards.

[Amended 2-9-2022 by Ord. No. 2022-02; 2-9-2022 by Ord. No. 2022-03]

(e) The ZHB may reasonably limit the hours of operation of use and related trucking and blasting operations to protect the character of adjacent uses.

(f) After areas are used for mineral extraction, they shall be reclaimed in phases to a nonhazardous and environmentally sound state permitting some economically productive future use.

(g) It is not the intent of the Township to unlawfully preempt any federal or state law or regulation. If a preemption of this chapter would exist, the most strict and least permissive requirements shall be in effect where a conflict might exist.

(50) Swimming pools.

(a) The pool is over 18 inches in depth, is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located, including guests.

(b) Hot tubs, whirlpool baths and tubs, and Jacuzzi-type tubs or baths shall not be considered swimming pools if located outdoors or designed to be located outdoors, and are provided with permanent outdoor water plumbing.

(c) Pools and accessory structures shall be subject to the setback regulations of the appropriate district.

(d) All permanent swimming pools hereafter constructed, installed, established, or maintained shall be enclosed by a permanent fence of durable material at least four feet but not more than six feet in height and shall be constructed so as not to have openings, mesh, or gaps larger than four square inches in any direction. All gates used in conjunction with the fence shall meet the same specifications as to the fence itself and shall be equipped with approved locking devices.

(e) A dwelling unit or an accessory building may be used as part of such enclosure. However, height requirements for a fence shall not apply to the building.

(f) The provisions regulating fencing shall not apply to pools having sides extending four feet above grade, provided that the stairs, or other means of access to the pool, are removed or locked in such a position as to make it readily inaccessible when not in use.

(g) Water may not be discharged from a swimming pool directly onto adjacent properties or rights-of-way.

(h) Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties so that only diffused or reflected light, enters adjoining properties.

(51) Tasting room/winery/cidery/brewery/distillery.

(a) Sales of spirits shall be limited to those produced on site or at another facility by or for the proprietor of the establishment.

(b) Samples of spirits may be given complimentary or for a fee. Related novelties may also be sold at retail.

(c) May include food preparation facilities and food service.

(d) May include occasional special events or event rentals, provided such events and rentals are clearly secondary to the tasting room/winery/cidery/brewery/distillery.

(e) If a winery, cidery, tasting, or brewery is located within 200 feet from existing residential dwellings on adjacent parcels not associated with the establishment, additional buffering, restrictions on hours of operation, frequency of events, and noise may be required through the conditional use process.

(52) Temporary uses.

(a) There shall be no more than two yard sales per property within a period of 12 months.

(b) The duration of the sale shall not exceed two days.

(c) The person conducting the yard sale shall make certain that the traffic on adjacent streets is not obstructed.

(d) Signs advertising the yard sale shall not block the view of oncoming traffic and shall be removed within 24 hours after the sale.

(53) Tennis courts.

(a) Private tennis courts shall be permitted within side or rear yards, provided that such facility, including fences, shall not be less than 10 feet from side or rear property lines.

(b) Lighting fixtures, if provided, shall not create objectionable glare on abutting properties.

(54) Utility buildings.

(a) No utility building shall be erected in the front yard.

(b) The combined floor area of all utility buildings shall not exceed 200 square feet of floor area. This provision does not apply to farm structures such as barns, stables, etc.

(c) No utility building shall be located closer than five feet to the rear or side property lines or any easement unless more stringent requirements are contained in a specific district of this chapter.

(d) A utility building shall not have a permanent foundation or be more than one story in height.

(55) Vacation rental.

(a) Any proposed vacation rental shall be compatible with the neighborhood in which it is located in terms of landscaping, scale and architectural character. The use shall be harmonious and compatible with the existing uses within the neighborhood.

(b) The operator of the vacation rental shall, at all times while the property is being used as a vacation rental, maintain a contact person/entity within a fifteen-minute drive of the property. The contact person or entity must be available via telephone 24 hours a day, seven days a week, to respond to complaints regarding the use of the vacation rental.

(c) A written notice shall be conspicuously posted inside each vacation rental unit setting forth the name, address and telephone number of the contact person. The notice shall also set forth the address of the vacation rental, the maximum number of vehicles permitted to park on site, and the day(s) established for garbage collection.

(d) The number of overnight occupants shall be limited to two persons per bedroom and two additional persons, up to a maximum of six persons. A bedroom shall meet the minimum size requirements as defined in the Pennsylvania Uniform Construction Code.

(e) On-site advertising of the vacation rental is prohibited.

(f) The operator of the vacation rental must demonstrate that they have registered with the Adams County Treasurer's Office in compliance with County Ordinance No. 2 of 2018, as may be amended, for the payment of hotel room rental tax.

(56) Vehicular body shop.

(a) All repair and paint work shall be performed within a structure.

(b) Buffer yard/screen plantings shall be provided in accordance with Chapter 195, Subdivision and Land Development.

(c) Stored and/or repaired vehicles shall remain no longer than 60 days from the date of arrival.

(d) No outdoor storage of equipment, lubricants, fuel, or other materials used for repair shall be permitted.

(e) All materials discarded as part of the service operation shall be contained within wholly enclosed dumpster equipment or within a solid fenced enclosure.

(f) The demolition or storage of junked vehicles is prohibited.

(57) Wireless communications facilities - co-location - inside public right-of-way.

(a) Location. An applicant may co-locate one or more wireless communications facilities on existing poles, including but not limited to existing tower-based wireless communications facilities, telephone and/or electric utility poles, and light poles. Multiple small wireless facilities proposed to be deployed at multiple locations shall be considered to be one application for the purpose of this review and approval process.

(b) Siting requirements. Co-location of wireless communications facilities shall meet the following siting criteria:

[1] The co-location of the communications facility and related equipment shall not cause any physical or visual obstruction to pedestrian or vehicle traffic and shall not create safety hazards to pedestrians or motorists.

[2] The facility and equipment shall not limit the public use of the right-of-way.

[3] The facility and equipment shall not be located within two feet of the street cartway.

[4] Any related equipment that cannot be placed underground shall be screened through the use of landscaping or other decorative features.

(c) Stealth technology. The most current stealth technology available shall be used to minimize aesthetic impact of co-located wireless communications facility within the surrounding environment. The stealth technology chosen by the applicant shall be subject to approval by the Township.

(d) Time, place, and manner. The Township shall have the ability to determine the time, place, and manner of construction, maintenance, repair, and/or removal of all co-located wireless communications facilities within the rights-of-way of Township roads or other Township rights-of-way. Such ability shall be based on public safety, traffic management, physical burden on the right-of-way, and related considerations. Within public utility rights-of-way, the Township's decision regarding time, place, and manner of work shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.[4]

[4] Editor's Note: See 66 Pa.C.S.A § 101 et seq.

(e) Removal or relocation. The Township shall have the ability to require the removal or relocation of co-located wireless communications facilities from within the rights-of-way of Township roads or other Township rights-of-way. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, the owner of co-located wireless communications facility shall, at its own expense, temporarily or permanently remove or relocate said facility. The Township may, consistent with its police powers and applicable Public Utility Commission regulations, require such removal or relocation under the following circumstances:

[1] The construction, repair, maintenance, or installation of any Township or other public improvements in the right-of-way.

[2] The operations of the Township or other governmental entity in the right-of-way.

[3] Vacation of a road or release of a utility easement.

[4] An emergency as determined by the Township.

(f) Reimbursement for right-of-way use. The Township shall have the ability to subject the owner of every co-located communications facility in a public right-of-way to a fair and reasonable use an occupancy fee as may be fixed annually by the Township. Such compensation for right-of-way use shall be directed related to the Township's actual right-of-way management costs, including, but not limited to, the costs of reviewing, inspecting, permitting, supervising, and other right-of-way management activities of the Township. The owner of each co-located wireless communications facility shall pay an annual fee to the Township to compensate the Township for costs incurred in connection with such management activities.

(g) Review period. The review and approval period shall be those expressed in "Accelerating Wireless and Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment," or subsequent rulemaking by the Federal Communications Commission, and specifically as follows.

[1] Small wireless facility: 60 days from date of application. This time frame includes multiple deployments on existing poles within public right-of-way and on existing structures outside the public right-of-way.

[2] Applications for multiple deployments that contain small wireless facilities on existing structures within public right-of-way and small wireless facilities in any other location as regulated by this chapter: 90 days from date of application.

[3] Facility other than a small wireless facility: 90 days from date of application.

(58) Wireless communications facilities - co-location - outside public right-of-way.

(a) Location. An applicant may co-locate one or more wireless communications facilities on existing poles, including but not limited to existing tower-based wireless communications facilities, telephone and/or electric utility poles, and light poles. Such facilities may also be co-located on buildings and structures. Multiple small wireless facilities proposed to be deployed at multiple locations shall be considered to be one application for the purpose of this review and approval process.

(b) Screening. Any related equipment that cannot be placed underground shall be screened through the use of landscaping or other decorative features.

(c) Stealth technology - co-location on wireless communications tower. Any stealth technology employed on the existing wireless communication tower must be expanded to encompass the new wireless communication facility to be co-located on said tower.

(d) Stealth technology - co-location on other towers, poles, structures, or buildings. Stealth technology shall be employed to minimize the visual impact of the wireless communications facility within the surrounding environment. Specific requirements are as follows.

[1] Buildings. Stealth technology shall be employed that encloses the wireless communications facility in structure that is architecturally compatible with the host building.

[2] Poles and other structures. Stealth technology shall be employed such that the wireless communications facility is installed either within the pole or structure, or flush on the external surface of the pole or structure.

(e) Height. The following height requirements shall be applied:

[1] Co-location on existing wireless communications tower: Co-location on an existing wireless communications tower shall not result in a wireless communications tower height that exceeds that authorized by this chapter.

[2] Co-location on poles and other structures: Co-location on other poles and other structures shall not result in the wireless communications facility exceeding the height of the pole or structure.

[3] Co-location on buildings. Co-location on an existing building may result in the wireless communication facility exceeding the building height by no more than 10 feet. However, in no case shall the height of the wireless communication facility exceed the maximum building height of the underlying zoning district by more than five feet.

(f) Review period. The review and approval period shall be those expressed in "Accelerating Wireless and Wireline Boardband Deployment by Removing Barriers to Infrastructure Investment," or subsequent rulemaking by the Federal Communications Commission, and specifically as follows.

[1] Small wireless facility: 60 days from date of application. This time frame includes multiple deployments on existing poles and other structures outside of public right-of-way and within public right-of-way and on existing structures inside the public right-of-way.

[2] Applications for multiple deployments that contain small wireless facilities on existing structures outside of public right-of-way and small wireless facilities in any other location as regulated by this chapter: 90 days from date of application.

[3] Facility other than a small wireless facility. 90 days from date of application.

(59) Wireless communications facility - tower-based - inside public right-of-way.

(a) Location. An applicant may co-locate one or more wireless communications facilities on new poles. Multiple small wireless facilities proposed to be deployed at multiple locations shall be considered to be one application for the purpose of this review and approval process.

(b) Evaluation of siting opportunities. An applicant seeking approval to erect or enlarge a tower-based wireless communications facility shall demonstrate compliance with the following requirements:

[1] An applicant shall demonstrate that all structures within the public right-of-way and within 0.5 mile of the proposed site have been evaluated as a co-location site. Co-location opportunities include, but are not limited to, existing tower-based wireless communications facilities, telephone and/or electric utility poles, and light poles. The applicant shall provide a site alternative analysis describing the location of potential co-location sites that were considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs, and the reason why the alternative site was not chosen. Where a potential co-location site is not chosen, supplementary evidence shall include one or more of the following reasons for not proposing to co-locate on the alternative site:

[a] The proposed antennas and related equipment would exceed the structural capacity of the existing structure, as certified by an engineers certified in the Commonwealth of Pennsylvania, and that appropriate reinforcement cannot be accomplished.

[b] The proposed antennas and related equipment would cause radio frequency interference with other existing equipment, as certified by an appropriate technical expert, and that the interference cannot be effectively mitigated.

[c] The existing structure does not possess appropriate location, space, or access, to accommodate the proposed antennas and equipment or to allow the antennas and equipment to perform their intended function.

[d] Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure that exceeds applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation. Such a determination shall be certified by an appropriate technical expert.

[e] A commercially reasonable agreement could not be reached with the owners of such structures. Where such an agreement is not reached, the applicant shall indicate why any offers or counter-offers made were deemed to be unreasonable.

(c) Siting requirements. Where the applicant has demonstrated that no co-location opportunities exist to site wireless communications antenna on an existing structure and that a wireless communications tower is necessary, the following siting criteria must be met:

[1] The tower-based wireless communications facility and related equipment shall not cause any physical or visual obstruction to pedestrian or vehicle traffic and shall not create safety hazards to pedestrians or motorists.

[2] The facility and equipment shall not limit the public use of the right-of-way.

[3] The facility and equipment shall not be located within two feet of the street cartway.

[4] Any related equipment that cannot be placed underground shall be screened through the use of landscaping or other decorative features.

[5] The tower shall be set back from all property lines a distance equal to the height of the tower unless the tower is equipped with a structural break point, in which case the tower shall be set back a distance equal to the height of the structural break point above ground level.

(d) Tower height. The tower-based wireless communications facility shall not exceed 40 feet in height.

(e) Tower safety. An applicant shall demonstrate that the proposed tower-based wireless communications facility will not affect surrounding properties or the public right-of-way as a result of structural failure, falling ice or other debris, or radio frequency interference.

(f) Tower type. The applicant shall a monopole tower type for the tower-based wireless communications facility.

(g) Stealth technology. The most current stealth technology available shall be used to minimize aesthetic impact of the tower-based wireless communications facility within the surrounding environment. The stealth technology chosen by the applicant shall be subject to approval by the Township.

(h) A list of the contents of the equipment building or box, with specific attention to any potentially unsafe or toxic substances, including batteries, to be located in the facility, shall be provided. Documentation demonstrating how any spills of unsafe or toxic material will be contained within the equipment building or box shall also be provided.

(i) Information regarding the intended power supply and auxiliary power supply for the facility shall be provided.

(j) Time, place, and manner. The Township shall have the ability to determine the time, place, and manner of construction, maintenance, repair, and/or removal of all tower-based wireless communications facilities within the rights-of-way of Township roads or other Township rights-of-way. Such ability shall be based on public safety, traffic management, physical burden on the right-of-way, and related considerations. Within public utility rights-of-way, the Township's decision regarding time, place, and manner of work shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.[5]

[5] Editor's Note: See 66 Pa.C.S.A. § 101 et seq.

(k) Removal or relocation. The Township shall have the ability to require the removal or relocation of tower-based wireless communications facilities from within the rights-of-way of Township roads or other Township rights-of-way. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, the owner of a tower-based wireless communications facility shall, at its own expense, temporarily or permanently remove or relocate said facility. The Township may, consistent with its police powers and applicable Public Utility Commission regulations, required such removal or relocation under the following circumstances:

[1] The construction, repair, maintenance, or installation of any Township or other public improvements in the right-of-way.

[2] The operations of the Township or other governmental entity in the right-of-way.

[3] Vacation of a road or release of a utility easement.

[4] An emergency as determined by the Township.

(l) Reimbursement for right-of-way use. The Township shall have the ability to subject the owner of every tower-based communications facility in a public right-of-way to a fair and reasonable use an occupancy fee, as may be fixed annually by the Township. Such compensation for right-of-way use shall be directed related to the Township's actual right-of-way management costs including, but not limited to, the costs of reviewing, inspecting, permitting, supervising, and other right-of-way management activities of the Township. The owner of each tower-based wireless communications facility shall pay an annual fee to the Township to compensate the Township for costs incurred in connection with such management activities.

(m) Review period. The review and approval period shall be those expressed in "Accelerating Wireless and Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment," or subsequent rulemaking by the Federal Communications Commission, and specifically as follows.

[1] Small wireless facility: 90 days from date of application. This time frame includes multiple deployments on new poles within public right-of-way and in any other location as regulated by this chapter.

[2] Facility other than a small wireless facility: 150 days from date of application.

(60) Wireless communications facility - tower-based - outside public right-of-way.

(a) Location. An applicant may co-locate one or more wireless communications facilities on new poles. Multiple small wireless facilities proposed to be deployed at multiple locations shall be considered to be one application for the purpose of this review and approval process.

(b) Evaluation of siting opportunities. An applicant seeking approval to erect or enlarge a tower-based wireless communications facility shall demonstrate compliance with the following requirements.

[1] An applicant shall demonstrate that all structures in excess of 50 feet in height within a one-mile radius of the proposed site have been evaluated as a co-location site. Co-location opportunities include, but are not limited to, smokestacks, water towers, agricultural silos, tall buildings, towers operated by other wireless communications companies, and other communications towers (fire, police, etc.). The applicant shall provide a site alternative analysis describing the location of potential co-location sites that were considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs, and the reason why the alternative site was not chosen. Where a potential co-location site is not chosen, supplementary evidence shall include one or more of the following reasons for not proposing to co-locate on the alternative site:

[a] The proposed antennas and related equipment would exceed the structural capacity of the existing structure, as certified by an engineer certified in the Commonwealth of Pennsylvania, and that appropriate reinforcement cannot be accomplished.

[b] The proposed antennas and related equipment would cause radio frequency interference with other existing equipment, as certified by an appropriate technical expert, and that the interference cannot be effectively mitigated.

[c] The existing structure does not possess appropriate location, space, or access, to accommodate the proposed antennas and equipment or to allow the antennas and equipment to perform their intended function.

[d] Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure that exceeds applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation. Such a determination shall be certified by an appropriate technical expert.

[e] A commercially reasonable agreement could not be reached with the owners of such structures. Where such an agreement is not reached, the applicant shall indicate why any offers or counteroffers made were deemed to be unreasonable.

[2] If the applicant claims that no structures in excess of 50 feet exist within the study area, the applicant shall provide evidence detailing how such determination was made. Such written evidence shall be submitted, and deemed to be complete, before approval for the erection of a wireless communications tower may occur.

[3] An applicant shall demonstrate that the proposed facility is needed at the proposed location. The applicant shall provide an existing coverage analysis demonstrating a "dead spot" at or near the proposed tower location.

[4] An applicant shall provide a written analysis that identifies potential negative impacts on neighboring residents and properties and indicates how negative impacts will be effectively mitigated.

(c) Siting requirements. Where the applicant has demonstrated that no co-location opportunities exist to site wireless communications antenna on an existing structure and that a wireless communications tower is necessary, the following siting criteria must be met:

[1] The tower shall be set back from all property lines a distance equal to the height of the tower unless the tower is equipped with a structural break point, in which case the tower shall be set back a distance equal to the height of the structural break point above ground level.

[2] The minimum distance between the base of the tower, or any anchoring guy wires, and residential, place of worship, or school property shall be 200 feet.

[3] Where such features exist, the applicant shall use one or more of the following or similar natural features to minimize the visibility of the wireless communications tower:

[a] Groves of trees.

[b] Sides of hills.

(d) Tower height. An applicant must demonstrate that a proposed wireless communications tower is the minimum height required to function satisfactorily. In no case shall a wireless communications tower exceed 180 feet. The measurement of tower height shall include the tower itself as well as any antennas or other equipment attached thereto.

(e) Tower safety. An applicant shall demonstrate that the proposed tower will not affect surrounding properties as a result of structural failure, falling ice or other debris, or radio frequency interference.

(f) All wireless communications towers shall be fitted with anticlimbing devices, as approved by the manufacturers. A detail confirming the design of such features shall be included in the application for approval of the wireless communications tower.

(g) Tower type. The applicant shall use the monopole, or davit-pole, type of wireless communications tower.

(h) Landscaping. The applicant shall demonstrate compliance with the following landscaping requirements:

[1] The base of the wireless communications tower, any supporting cables or guy wires, maintenance buildings, and parking areas, shall be enclosed by a protective fence. The protective fence shall be a minimum of six feet in height.

[2] An evergreen screen shall be planted around the external perimeter of the protective fence. Evergreen trees shall be a minimum of six feet at planting, and shall reach a minimum height of 15 feet at maturity. Any trees which die within a year of planting shall be replaced by the applicant. Where the tower site is either fully or partially located within a grove of existing trees, the evergreen screen requirement may be waived along any portion of the protective fence that is blocked from view from beyond the property line hosting the facility by said grove of trees.

(i) Color. Where a specific color pattern is not required by the Federal Aviation Administration (FAA), wireless communications tower colors shall be a light grey or galvanized metal color. Towers shall be finished or treated in a manner that prevents the formation of rust.

(j) Site access. Access to a wireless communications tower facility shall be provided by an access driveway located within an easement of at least 20 feet in width. The access driveway shall be a minimum of 10 feet in width, and shall be constructed with a dust-free, all-weather surface for its entire length.

(k) Land development plan approvals. An applicant shall obtain land development approval from the Freedom Township Board of Supervisors in accordance with applicable provisions of Chapter 195, Subdivision and Land Development, of the Code of Freedom Township prior to zoning permit approval.

(l) A list of the contents of the equipment building or box, with specific attention to any potentially unsafe or toxic substances, including batteries, to be located in the facility, shall be provided. Documentation demonstrating how any spills of unsafe or toxic material will be contained within the equipment building or box shall also be provided.

(m) Information regarding the intended power supply and auxiliary power supply for the facility shall be provided.

(n) Review period. The review and approval period shall be those expressed in "Accelerating Wireless and Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment," or subsequent rulemaking by the Federal Communications Commission, and specifically as follows.

[1] Small wireless facility: 90 days from date of application. This time frame includes multiple deployments on new poles outside public right-of-way and in any other location as regulated by this chapter.

[2] Facility other than a small wireless facility: 150 days from date of application.

§ 230-63 Conditional use standards.

A. Conditional use approval required.

(1) When conditional uses are provided for in this chapter, the Board of Supervisors shall hear and decide applications for such conditional uses in accordance with the standards and criteria set forth in this chapter and any applicable law of the Commonwealth of Pennsylvania. In granting a conditional use, the Board of Supervisors may attach such reasonable conditions as necessary to implement the purpose and goals of this chapter and the Comprehensive Plan. Prior to the consideration of a conditional use application by the Board of Supervisors, the application shall first be reviewed by the Freedom Township Planning Commission and may be reviewed by the Adams County Office of Planning and Development. A public hearing in regard to the application shall be held by the Board of Supervisors pursuant to public notice. If conditional use approval is granted, the applicant, if required, shall file any necessary land development or subdivision plan as required by applicable Township ordinances.

(2) The approval for a conditional use will expire within one year from the date of written authorization by the Board of Supervisors upon failure of the applicant to secure any necessary land development approval and any other necessary permits as required by state and/or Township laws. Upon written application to the Board of Supervisors and for good cause shown, the Board may extend the approval of the conditional use for additional periods of up to one year at a time.

B. Application procedure for a PCD.

(1) An application for a conditional use shall be submitted by the landowner to the Freedom Township Secretary with the appropriate filing fee.

(2) The information required in the application shall contain, as a minimum, the following:

(a) The location, size, and topography of the site and the nature of the landowner's interest in the land proposed to be developed;

(b) The density of land use to be allocated to parts of the site to be developed;

(c) The location and size of the open space system and the form of organization proposed to own and maintain the open space;

(d) The use and the approximate height, bulk, and location of buildings and other structures;

(e) The feasibility of proposals for water supply; the disposition of sanitary waste; and stormwater management;

(f) The substance of covenants, grants of easements, or other restrictions proposed to be imposed upon the use of the land, buildings, and structures, including proposed easements or grants for public utilities;

(g) The provisions for parking of vehicles and the location and width of proposed streets and public ways;

(h) The required modifications in any land use regulations otherwise applicable to the subject property;

(i) A schedule showing the proposed times within which applications for preliminary and final approval of all plans are intended to be filed. This schedule must be updated annually, on the anniversary of its approval, until the development is completed and accepted;

(j) A traffic impact study which provides an evaluation of potential impacts on all intersections, points of driveway access, and various transportation modes, including vehicles associated with agriculture activities. The area of study is to be determined in consultation with the Township Engineer. All traffic generation calculations shall account for trips generated by the various uses proposed for the development and shall be based on current and projected traffic levels. Recommendations shall be provided for intersection improvements, roadway widening, traffic control devices, acceleration or deceleration lanes, traffic and lane markings and signs;

(k) An environmental assessment in accordance with § 195-25 of Chapter 195, Subdivision and Land Development, of the Code of Freedom Township.

(3) The application shall include a written statement by the landowner setting forth the reasons why, in his opinion, a planned community development would be in the public interest and would be consistent with the Comprehensive Plan for the development of the Township.

(4) The applicant shall inform the Board whether any structures on the property are listed upon the National Register of Historic Places, the Pennsylvania Register of Historic Sites and Landmarks or any other registry of historic structures.

(5) The Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purpose of and insure compliance with the Municipalities Planning Code[1] and this chapter, which conditions may include plantings and buffers, harmonious designs of buildings and the elimination of noxious, offensive, or hazardous elements.

[1] Editor's Note: See 53 P.S. § 10101 et seq.

(6) Unless otherwise specified by the Board or by law, a conditional use for a PCD shall expire if the applicant fails to submit a preliminary plan for Phase 1 within one year from the date of granting the conditional use.

(7) Any conceptual site plan presented in support of the conditional use application shall become an official part of the record. Approval of the conditional use shall bind the use in accordance with the submitted conceptual site plan. The plan shall not be modified, revoked, or otherwise impaired by action of the Board pending applications for preliminary/final approval without the consent of the landowner, provided applications are filed within the periods of time specified in the official written communication granting conditional use approval.

(8) All preliminary and final plan applications of the PCD for each phase are subject to the requirements of the conditional use approval, this chapter, and Chapter 195, Subdivision and Land Development, as appropriate.

§ 230-64 Height regulation exemptions.

Chimneys, flues, towers, spires, cupola domes, pole masts, private-residence-mounted satellite dishes, television antennas, amateur radio equipment, barns, silos, and similar structures shall be exempt from the maximum height regulations of this chapter.