A. 
In addition to the general criteria for uses within a particular zone established in Article 2 and general regulations for uses established in Article 4, this Article 3 sets forth standards that shall be applied to each individual use identified herein. The standards of this Article 3 must be satisfied before approval of any application for a special exception, conditional use, or zoning permit, as applicable. The criteria for special exceptions and conditional uses in this Article 3 shall be in addition to the general criteria for special exceptions and conditional uses set forth in Articles 6 or 7, as applicable. The applicant shall be required to demonstrate compliance with all applicable standards and shall furnish whatever evidence is necessary to demonstrate such compliance.
B. 
All uses identified in Article 3 must comply with the general regulations for the zone in which the use is to be located unless different standards are established by this article; if different standards are established by this article, these different standards for the use shall apply in addition to any other general regulations which are not inconsistent with Article 3.
A. 
An adult entertainment facility is permitted as provided in Article 2 herein and subject to the following criteria:
(1) 
An adult entertainment facility shall not be located within 300 feet of any zoning district boundary line or existing residential use.
(2) 
An adult entertainment facility shall not be permitted to be located within 600 feet of any public or private school, child day-care center, nursery school, public recreation facility, or any church or house of worship.
(3) 
No materials, merchandise, film, videotape, or any other item offered for sale, rent, lease, loan, or view upon the premises, or advertising same, shall be exhibited, displayed, or visible outside of the building or structure.
(4) 
Any building or structure used or occupied as an adult entertainment facility shall be windowless or have an opaque covering over all windows and doors, or any area in which materials, merchandise, film, or persons could otherwise be visible from outside the building or structure.
(5) 
Any and all signs shall conform to the requirements of §§ 450-421 and 450-422. No obscenities or specified sexual activities allowed, nor advertisement of products.
(6) 
Each entrance to the premises shall be posted with a notice of at least four square feet specifying that the structure is an adult entertainment facility, and that persons under the age of 18 years are not permitted to enter therein, and warning all other persons that the building contains sexually explicit material.
(7) 
There will be no BYOB (bring-your-own alcohol of any kind) on the premises of the adult entertainment facility. If alcohol is to be served, strict observance of PLCB regulations must be followed.
(8) 
Hours of operation that an adult-oriented facility can be open are from 11:00 a.m. to 1:00 a.m.
(9) 
The applicant must be 18 years of age and a United States citizen. If the applicant is other than an individual, the applicant must provide the names, ages, and addresses of all partners, corporate officers, or any individual who has any interest in the business.
(10) 
The adult entertainment facility shall provide names, addresses, and background checks to the Township of all employees, owners, beneficiaries, and persons with any equity interest.
(11) 
The applicant must provide a sketch or diagram showing the floor plan of the premises, including the total floor space, and the location of the building on the lot. The building structure shall be a stand-alone structure with a privacy fencing barrier (solid) around the whole perimeter of the structure.
(12) 
The building will have sufficient utilities and be on public water and sewer.
(13) 
The adult entertainment facility shall comply with all other chapters of the Township, federal, state, or county requirements and laws.
(a) 
Once a special exception has been granted by the Zoning Hearing Board, an applicant shall apply to the Township for a license.
[1] 
Any person who operates an adult entertainment facility without a valid license issued by the Township is in violation of the Zoning Ordinance.
[2] 
The application shall be on a form provided by the Township and shall be accompanied by a sketch or diagram as required in § 450-302A(11), above.
[3] 
Any person operating an adult entertainment facility must have all employees licensed as sexually oriented business employees, pursuant to this chapter.
[4] 
All applicants must be qualified according to the provisions of this chapter. The application may request that the applicant shall provide such information (including fingerprints) as to enable the Township to determine whether the applicant meets the qualifications established in this chapter.
[5] 
The applicant shall provide the same information to the Township as required by § 450-302A(13)(a), above.
(b) 
Issuance of license. The Township shall approve the issuance of a license to an applicant within 90 days after receipt of an application which complies with § 450-302A(13)(a), above, unless he or she finds one or more of the following:
[1] 
An applicant is under the age of 18 years of age.
[2] 
An applicant or his or her spouse is overdue in their payments to the Township of taxes, fees, fines, or penalties as assessed against him or her in relations to an adult entertainment facility, or the property on which it is or is to be located.
[3] 
An applicant has failed to provide information reasonably necessary for the issuance of the permit, or has falsely answered a question or request for information on the application form.
[4] 
An applicant is residing with or married to a person who has been denied a permit by the Township to operate an adult entertainment facility within the proceeding 12 months, or is residing with a person whose license to operate an adult entertainment facility has been revoked within the proceeding 12 months.
[5] 
The premises to be used for the adult entertainment facility are not in compliance with this chapter or any or any other ordinance of the Township.
[6] 
The license fee required by the Township has not been paid.
[7] 
An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of the Zoning Ordinance.
[8] 
An individual applicant or any individual holding a direct/indirect or financial interest of a corporate applicant, or any of the officers or directors of a corporate applicant, or any of the partners, including limited partners of a partnership, or the manager or other person in charge of the operation of the business, has or have been convicted of an offense involving sexual misconduct, including, but not limited to, prostitution, obscenity and possession of child pornography, within the Commonwealth of Pennsylvania, within 10 years of the date of the application in the event of a misdemeanor, and within 20 years of the date of application in the event of a felony.
[9] 
The proposed activities violate any federal or state law regarding sexual conduct, sexually explicit nudity, obscenity, or pornography.
[10] 
If the Zoning Officer/Codes Enforcement Officer/or Board of Supervisors denies a license, or denies the renewal of a license, the applicant shall not be issued a license for one year from the date of denial, except that the applicant can reapply after he or she has corrected or cured the defects which cause the denial.
(c) 
A license, if granted, shall state on its face the name of the person or persons to whom is granted, the expiration date, and the address of the adult entertainment facility. The license shall be posted in a conspicuous place at or near the entrance to the adult entertainment facility so that is may be easily read at any time.
(d) 
Each license shall be for a period of one year, and shall be renewable on an annual basis and shall be renewable only upon application by the applicant, and must at the time of application comply with all the conditions of this section. The license is not transferrable and the application must be resubmitted 60 days prior to expiration.
(e) 
The applicable shall pay an annual fixed fee, plus cost for the adult entertainment facility, in an amount set by resolution of Board of Supervisors.
(f) 
Inspection. An applicant or licensee shall permit representatives of the Township, including the Zoning Officer, Codes Enforcement Officer, or other designated Township officials and representatives of the Police Department serving the Township, to inspect the premises of an adult entertainment facility for the purpose of ensuring compliance with this chapter and the law at any time that the adult entertainment facility is occupied and open for business. A failure or refusal to permit such inspection shall be the basis for revocation or suspension of the license and shall constitute a violation of this chapter.
(g) 
Suspension or revocation of license.
[1] 
The Zoning Officer shall suspend a license for a period not to exceed 30 days if the Zoning Officer determines that a licensee or an employee of a licensee has:
[a] 
Violated or is not in compliance with any section of this chapter;
[b] 
Engaged in use of alcoholic beverage while on the adult entertainment facility's premises;
[c] 
Refused to allow an inspection of the adult entertainment facility premises as permitted by in this section; and
[d] 
Knowingly permitted gambling of any kind by any person on the adult entertainment facility premises.
[2] 
Revocation of license. The Township shall revoke a license if he or she determines that a licensee or an employee of a licensee has:
[a] 
Been arrested for or charged with violating any law of the Commonwealth of Pennsylvania in relation to sexual conduct, sexually explicit nudity, obscene material, or pornography, or the Liquor Code,[1] or the Pennsylvania Crime Codes[2] relating to gambling, on the premises of the adult entertainment facility.
[1]
Editor's Note: See 47 P.S. § 1-101 et seq.
[2]
Editor's Note: See 18 Pa.C.S.A. § 101 et seq.
[b] 
Such revocation shall be rescinded and the license shall be reinstated in the event that the licensee or employee of a licensee is adjudicated or adjudged not guilty of such offense, or is placed in the accelerated rehabilitative disposition program.
[c] 
A license shall be revoked if a cause for suspension occurs and the license has been suspended or revoked within the preceding 12 months.
[d] 
An applicant has provided false or misleading information or incomplete information in the licensing process as set forth in § 450-302A(13)(a) through (c).
[e] 
Roster not provided to the Township of all employees/owners.
[f] 
A revocation shall continue for one year, and the licensee shall not be issued an adult entertainment facility license for one year from the date revocation became effective, except in the case of a revocation for conviction of a misdemeanor as described in § 450-302A(13)(b)[8], in which case the revocation shall be effective for two years, or a felony, as set out in § 450- 302A(13)(b)[8], in which case the revocation shall be for five years.
B. 
Remedies. In addition to remedies for violation of this chapter, a person who operates or causes to be operated an adult entertainment facility without a valid license, or in violation of this Zoning Ordinance, may be subject to an action in equity, or a suit for injunction, or such other action as shall be permitted by law, at the discretion of the Township.
An airport and/or heliport is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
Minimum lot area: 30 acres for an airport and 15 acres for a heliport;
B. 
All facilities shall be designed and operated in strict compliance with all applicable state and federal laws and regulations;
C. 
The applicant shall furnish evidence of the obtainment of a license from the Pennsylvania Department of Transportation, Bureau of Aviation, prior to the approval of the conditional use application; and
D. 
No part of the takeoff/landing strip and/or pad shall be located nearer than 500 feet from any property line, nor within 1,000 feet of any existing residential use.
An amusement arcade is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
All activities shall take place within a completely enclosed building;
B. 
The applicant must furnish evidence as to how the use will be controlled so as to not constitute a nuisance due to noise or loitering outside the arcade; and
C. 
A plan for the cleanup of litter shall be furnished and implemented by the applicant.
An animal hospital, animal clinic, and/or animal sport training facility with or without kenneling is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
Minimum lot area. If animals are kept inside at all times, the minimum lot size of the underlying district applies. For sites where animals may be outside, the minimum lot size is five acres.
B. 
All animal boarding buildings that are not completely enclosed, and any outdoor animal pens, stalls or runways, shall be located on the opposite side of the building from parking areas or at least 200 feet away with a landscape screen. Outdoor activity areas, animal pens, stalls and runways shall also be screened with a landscape screen from adjoining properties and shall be a minimum of 100 feet without kenneling and 300 feet with kenneling from any residential zone or use.
C. 
The site shall be designed to control the impact of any noise or odor on any adjoining property.
D. 
In addition to the individual pens, the building and/or fence enclosure must provide two means of restricting access to help prevent accidental escapes.
E. 
The applicant shall furnish evidence of effective means of animal and veterinary waste collection and disposal which shall be implemented.
An automobile filling station is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
Underground storage tanks shall be a minimum of five feet above seasonal high-water table and setback a minimum of 200 feet from perennial streams, ponds and wetlands;
B. 
Best management practices must be employed and maintained to minimize chemicals in stormwater;
C. 
A fully redundant leak prevention and monitoring system shall be installed and maintained;
D. 
The subject property shall have a minimum width of 125 feet;
E. 
The subject property shall have access from a collector road;
F. 
All structures (including underground tanks) shall be located at least 300 feet from the closest point on the exterior lot line of any lot containing a school, day-care facility, park, playground, library, hospital or nursing, rest or retirement home;
G. 
The outdoor storage of motor vehicles (whether capable of movement or not) for more than two weeks is prohibited;
H. 
All structures (including air compressors, kiosks, canopies, gasoline pump islands, but not permitted signs) shall be set back at least 30 feet from any street right-of-way line;
I. 
All equipment, auto parts, dismantled or disabled vehicles, whether registered or not, unregistered vehicles, and supplies shall be located within a completely enclosed structure;
J. 
All ventilation equipment associated with fuel storage tanks shall be set back 100 feet and oriented away from any adjoining residence;
K. 
The applicant shall furnish evidence that the storage and disposal of materials will be accomplished in a manner that complies with state and federal regulations;
L. 
Fueling pumps shall be configured in such a way to prevent stacking/encroachment into the required access drives; and
M. 
For new construction and existing facilities being upgraded, pumps are required to be connected to backup generator power in the case of an electrical power outage.
A bank or similar financial institution is permitted as provide in Article 2 herein subject to the following criteria:
A. 
All drive-through lanes and automated teller machines shall be located, and each site shall contain convenient parking spaces, so that the off-site movement of vehicles will not be hampered by the drive-through;
B. 
A minimum of 60 feet of shared on-site stacking for a drive-through and ATM, a minimum of nine feet wide preceding the dedicated access drives or aisles is required;
C. 
Each drive-through lane shall have a minimum of 40 feet of dedicated on-site stacking, a minimum of nine feet wide preceding the window or ATM, exclusive of access drives or aisles; and
D. 
Any exterior microphone/speaker system shall be designed, arranged, and operated so as to prevent objectionable noise impact on adjoining properties.
A banquet hall or reception venue is permitted as provide in Article 2 herein subject to the following criteria:
A. 
Operations shall not produce excessive noise, lighting, or other aspects and nuisance factors to residential or public uses which are in the proximity.
B. 
Banquet hall operations shall cease between the hours of 12:00 midnight and 6:00 a.m. prevailing time.
C. 
All outdoor entertainment shall cease between the hours of 11:00 p.m. and 7:00 a.m. prevailing time.
D. 
Location of buildings and structures, traffic circulation and parking lots shall be designed to provide access for emergency vehicles.
E. 
Off-street loading and parking shall be provided as required by this chapter.
F. 
Storage of equipment and materials shall be in an enclosed building.
G. 
Any and all lighting shall comply with requirements set forth in this chapter.
H. 
All property lines adjoining residential use or zoning classification shall be screened by a buffer as defined by this chapter.
I. 
Compliance with all applicable federal, state, local laws, regulations, building codes and Liquor Control Board shall be required.
A bed-and-breakfast is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
The applicant shall furnish evidence that an approved means of sewage disposal and water supply shall be used;
B. 
Any modifications to the external appearance of a building (except fire escapes) shall complement its residential character;
C. 
All floors above grade or below grade shall have a permanently affixed direct means of escape to ground level;
D. 
All parking areas shall be set back a minimum of 25 feet from all property lines and shall be screened from adjoining lots and streets;
E. 
Meals shall be offered only to registered overnight guests;
F. 
The applicant shall furnish proof of any needed land development approvals;
G. 
Guests shall not stay more than 21 days in any calendar year; and
H. 
Regardless of regulations found elsewhere within this chapter, signs are permitted for this use at a maximum of eight square foot per side and a maximum height of six feet.
A boardinghouse is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
The minimum lot area requirements shall be 20,000 square feet, plus 500 square feet additional lot area per boarder (up to six boarders);
B. 
The applicant shall furnish evidence that public water and sewer service shall be used;
C. 
No modifications to the external appearance of the building which would alter its residential character, shall be permitted;
D. 
All floors above grade and/or below grade shall have a permanently affixed direct means of escape to ground level;
E. 
The applicant shall furnish proof of any needed land development approval; and
F. 
A fifteen-foot landscape screen alongside and rear lot lines is required.
A campground is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
The minimum lot size for all campgrounds shall be 50 acres.
B. 
In no case shall there be more than 10 campsites per acre within the campground.
C. 
All campsites shall be located at least 100 feet from any side or rear property line and at least 100 feet from any street line.
D. 
All outdoor play areas shall be set back 100 feet from any property line and screened from adjoining properties. All outdoor play areas shall be used exclusively by registered guests and their visitors.
E. 
A fifty-foot wide landscape buffer shall be provided adjacent to all property lines and public road right-of-way lines.
F. 
All campgrounds shall furnish centralized completely enclosed sanitary and garbage collection facilities that are leakproof and verminproof that shall be set back a minimum of 200 feet from any property line and shall be screened.
G. 
Any accessory retail or accessory commercial uses shall be set back a minimum of 200 feet from any property line. Such accessory retail or commercial uses shall be solely designed and constructed to serve the campground's registered guests and their visitors. Any parking spaces provided for these retail or commercial uses shall have vehicular access from the campground's internal road rather than the public street. All accessory retail and commercial uses and related parking spaces shall be screened from adjoining properties.
H. 
A minimum of 40% of the gross area of the campground shall be devoted to active and passive recreational facilities.
I. 
Every campground shall have an office and a public phone. The public phone shall be accessible 24 hours per day, and the office shall be staffed 24 hours per day.
J. 
All water facilities, sewage disposal systems, restrooms, solid waste disposal and vermin control shall be approved and maintained in accordance with the requirements of the PA DEP.
K. 
All lighting shall be arranged and shielded so that no glare of direct illumination shall be cast upon adjacent properties or public streets.
L. 
All campgrounds containing more than 100 campsites shall have vehicular access to a collector street as identified in Township ordinances.
M. 
An internal road system shall be provided. The improved cartway width of one-way access drives shall be at least 12 feet, and the improved cartway width of two-way access drives shall be at least 18 feet. On-drive parallel parking shall not be permitted.
N. 
Roads and access drives shall be provided in such a manner so that ingress and egress for each campsite lot is provided without encroaching or entering upon any other campsite lot.
O. 
The minimum area of a campsite shall be 2,500 square feet and shall be so dimensioned, improved, and arranged that when occupied no part of any unit, including accessory attachments, shall be within 10 feet of any designated campsite boundary.
P. 
Each campsite may be occupied only by i) one recreational vehicle or one trailer or one camper or one tent; or ii) two tents; or iii) one recreational vehicle and one tent; or iv) one trailer and one tent; or v) one camper and one tent; and shall have one stabilized parking space large enough for at least one RV and one automobile.
Q. 
No permanent structures shall be permitted on any campsite other than fireplaces.
R. 
No recreational vehicle may be parked within a campground for more than 90 consecutive days. No recreational vehicle which has been parked in a campground may return to that campground for a period of at least 90 days.
S. 
No persons shall be permitted to permanently reside on any campsite.
T. 
A fire prevention and protection plan shall be provided.
A car wash facility is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
Public sewer and public water facilities shall be utilized and gray water recycling is required.
B. 
For automatic and self-service car washes, each washing bay shall provide a minimum 100-foot long on-site stacking lane which precedes the washing process. For full-service car washes, such on-site stacking shall be a minimum of 300 feet per bay.
C. 
For full-service car washes, a postwashing drying area shall be provided for no less than six vehicles per washing bay.
D. 
All structures housing washing apparatuses shall be of masonry construction and set back 100 feet from any street right-of-way line, 50 feet from any rear property line, and 20 feet from any side lot line.
E. 
Trash receptacles shall be provided and routinely emptied to prevent the scattering of litter, and the applicant shall furnish and implement a working plan for the cleanup of litter and debris.
F. 
The subject property shall front on an arterial or major collector road.
G. 
The applicant shall demonstrate adequate provision for the collection and disposal of greases and wastes.
A cemetery is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
Minimum lot area: five acres with a 10% maximum impervious coverage;
B. 
All burial plots or structures shall be located at least 20 feet from any property line or street right-of-way line;
C. 
Assurances must be provided that water supplies of surrounding properties will not be contaminated by burial activity within the proposed cemetery;
D. 
No burial plots or facilities are permitted in floodplain or within the "riparian buffer zone" as defined in the Stormwater Management Ordinance;[1]
[1]
Editor's Note: See Ch. 428, Stormwater Management.
E. 
A ten-foot landscaping buffer designed in accordance with Chapter 435, Subdivision and Land Development, shall be provided along the perimeter of the lot contiguous to the cemetery;
F. 
An ornamental fence or twenty-foot landscape buffer designed in accordance with Chapter 435, Subdivision and Land Development, shall be shall be provided along the perimeter of the lot contiguous to the cemetery where the lot abuts an existing residential use or a residential zoning district; and
G. 
No parking area shall be located within the required front, side or rear yards.
A church or other religious institution is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
Place of worship.
(1) 
Minimum lot area: one acre, plus one additional acre for every 100 additional sanctuary seats or fraction thereof above 500 seats;
(2) 
Minimum lot width: 200 feet;
(3) 
Maximum lot coverage: must not exceed the maximum impervious coverage of the underlying zone;
(4) 
Maximum building height: 45 feet, except that steeples, spires, domes and similar architectural features may exceed this maximum, provided the feature is set back an additional one foot from each property line for each foot of additional height above the maximum;
(5) 
Setbacks: 50 feet on each side, front and rear; and
(6) 
All off-street parking areas shall be set back at least 25 feet from the street right-of-way line.
B. 
Residences related to religious institutions.
(1) 
All residential uses shall be accessory and located upon the same lot or directly adjacent to a lot containing a place of worship; and
(2) 
All residential uses shall be governed by the location, height and bulk standards imposed upon other residences within the site's zone, except that any number of persons, such as in a convent and/or seminary, may share group quarters.
C. 
Educational and/or day-care facilities related to religious institutions. Educational and/or day-care facilities related to religious institutions are permitted as provided in Article 2 herein and are subject to the requirements for said uses enumerated elsewhere in this chapter.
D. 
Parking. Required parking spaces must be calculated and provided based on each proposed use on the parcel; shared parking for multiple uses, provided the applicant can demonstrate that the demand for the uses does not occur at the same time and that the shared parking meets all the requirements for shared parking facilities elsewhere in this chapter.
A commercial convenience center is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
No individual lot within the commercial convenience center shall contain less than two acres nor be less than 200 feet wide.
B. 
A commercial convenience center shall include a combination of at least three of the following uses and must meet all requirements of that specific use:
(1) 
Automobile filling stations (including minor incidental repair and/or accessory service);
(2) 
Banks or similar financial institutions;
(3) 
Barbers and beauty salons;
(4) 
Convenience grocery and/or dairy stores;
(5) 
Dry-cleaner store branches (not including on-site cleaning);
(6) 
Pharmacies and/or drugstores;
(7) 
Photocopying stores;
(8) 
Photographic studios;
(9) 
Restaurants, including fast-food facilities, but excluding drive-through facilities;
(10) 
Retail sales of stationery, office supplies; and
(11) 
Other retail service businesses.
C. 
No developed area of a commercial convenience center shall exceed five acres in size.
D. 
All buildings, structures, parking lots, off-street loading areas, dumpsters, and access drives associated with a commercial convenience center shall be set back at least 100 feet and screened with a thirty-foot landscape screen from any adjoining property within the AC, RA, RS-1, RS-2, RS-3, and MU-1 Zones or any residential use.
E. 
No more than two access drives shall provide vehicular access to a commercial convenience center. All access shall comply with the provisions of Article 4 and the requirements of Chapter 435, Subdivision and Land Development. If it is possible for an access drive(s) to connect to an arterial, or a road of lesser designation, then the access drive(s) shall connect to the road of lesser designation.
F. 
A thirty-foot landscaped buffer shall be provided along street rights-of-way.
The following provisions shall apply to commercial solar power facilities within the Township:
A. 
Impervious coverage and building coverage. The area of any solar panels (including, without limitation, framing for the same) shall not be included in the calculation of impervious surface, impervious coverage or building coverage, provided that the area directly beneath the solar panels remains pervious for purposes of determining compliance with the area and bulk criteria set forth in this section. The base attached to the ground shall count toward impervious coverage calculation.
B. 
Commercial solar panels (including, without limitation, framing for the same) may not extend into required setbacks.
C. 
Lot size and area and bulk regulations. The lot size and area and bulk regulations applicable in the zoning district in which a commercial solar power facility is located shall apply to the commercial solar power facility, except that the maximum height of the solar or photovoltaic panels aboveground surface shall not exceed 12 feet.
D. 
Buffer screen. Each commercial solar power facility shall include a buffer to create a continuous visual screen between the solar power facility and a person standing at ground level on an adjacent residentially zoned lot or a public right-of-way. Such buffer shall be comprised of opaque fencing, landscaping, earthen berms, or some combination thereof to be approved by the Township Zoning Officer. Said buffer shall be not less than eight feet in height and not less than 10 feet in width.
E. 
Solar access. The owner or operator of any commercial solar power facility shall not erect or plant on the lot on which the commercial solar power facility is located any building, structure, fencing or landscaping which would block sunlight from reaching less than 90% of any solar panel between the hours of 8:00 a.m. and 4:00 p.m.
F. 
Glare. No commercial solar power facility shall create glare visible from adjoining public rights-of-way, streets, or adjacent lots when viewed by a person standing on ground level or which shall be visible from any floor level in a structure measuring 35 feet or less and located on an adjacent property.
G. 
Vehicular access. Each commercial solar power facility shall be provided with a stabilized means of vehicular access to and from a public roadway. (Access drive shall be paved to the right driveway line.)
H. 
Commercial solar power facilities, including all components thereof, shall be designed to meet any and all applicable building code requirements.
Communications antennas mounted on an existing public utility transmission tower, building or other structure, including existing communications towers and communications equipment buildings, are permitted as provided in Article 2 and subject to the following criteria:
A. 
The applicant shall demonstrate that the proposed location is necessary for the efficient operation of the system.
B. 
The applicant shall submit notice of approval for the proposed installation from the Federal Aviation Administration and the Federal Communications Commission or evidence that no such approval is required.
C. 
Building-mounted communications antennas shall not be located on any single-family residential, single-family semidetached, or single-family attached dwelling.
D. 
In addition to the other requirements of this section, building-mounted communications antennas shall not be permitted to exceed the height limitations of the applicable zone by more than 20 feet.
E. 
Omnidirectional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter.
F. 
Directional or panel communications antennas shall not exceed five feet in height and three feet in width.
G. 
The applicant shall submit evidence from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the communications antenna location.
H. 
The applicant shall submit detailed construction and elevation drawings indicating how the communications antennas will be mounted on the structure.
I. 
The applicant shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the communications antennas are to be mounted so that installation and maintenance of the communications antennas and communications equipment building can be accomplished.
J. 
The applicant proposing communications antennas to be mounted on any existing tower shall completely enclose the tower by an eight-foot high nonclimbable fence with a self-locking gate with a combination lock, and posted for "no trespassing" and "danger" all located outside of the existing leased area.
K. 
Communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
L. 
Communications antennas shall not cause radio frequency interference with other communications facilities.
M. 
A communications equipment building shall be subject to the height and setback requirements of the applicable zone for an accessory structure.
N. 
The owner or operator of the communications antennas shall be licensed by the Federal Communications Commission to operate such antennas.
O. 
Except where installed on an existing public utility transmission tower, existing water tank, or existing communications tower, the communications antennas and related equipment and facilities shall be visually disguised or concealed, and the applicant shall submit testimony on how the communications antennas and related equipment and facilities will be disguised or concealed so that they are not visible from the surrounding area.
P. 
The applicant shall submit a plan for the removal of the communications antenna and related equipment and facilities when they become functionally obsolete or are no longer in use. The applicant shall furnish a bond or other guarantee, acceptable to the Township Solicitor, guaranteeing the removal of the facility within three months from the date the applicant ceases use of the facility or the facility becomes obsolete.
Q. 
The Township may require the applicant to post a maintenance or performance bond in an amount sufficient to secure the installation and maintenance of the communications antenna and related equipment and facilities during their lifetime.
Communications antennas, towers, and equipment are permitted as provided in Article 2 herein and subject to the following criteria:
A. 
The applicant must demonstrate that the proposed location is necessary for the efficient operation of the system.
B. 
An applicant proposing construction of a new communications tower shall demonstrate that such applicant has made a good faith effort to obtain permission to mount the antenna(s) on existing structures (water tank, electrical transmission tower, communications tower, etc.). A good faith effort shall require that applicant contact all owners of potentially suitable structures within a one-mile radius of the proposed communications tower site and that one or more of the following reasons for not selecting such existing structure or communications tower apply:
(1) 
The proposed antenna(s) and related equipment would exceed the structural capacity of the existing structure or tower, and reinforcement of such existing structure or tower is not possible.
(2) 
The proposed antenna(s) and related equipment would cause radio frequency interference with other existing equipment at that location and that such interference cannot be prevented.
(3) 
Such existing structures or towers do not have adequate location, space, access or height to accommodate the proposed antenna(s) and related equipment or to allow it (them) to perform its (their) intended function.
(4) 
Addition of the proposed antenna(s) and related equipment would result in electromagnetic radiation from such location exceeding applicable standards established by the Federal Communications Commission.
(5) 
Applicant could not reach a commercially reasonable agreement with the owner of existing structures or towers.
C. 
The applicant shall provide a written commitment that it will rent space on a tower to other communications providers to minimize the total number of towers necessary within the region. In order to reduce the number of communications antenna support structures needed in the future, any proposed support structure shall be designed, and certified to by a professional engineer, to accommodate other users, including, but not limited to, police, fire and emergency services.
D. 
The applicant shall demonstrate that the communications tower and all communications antennas to be installed on the communications tower are the minimum height required to function satisfactorily. In no event shall the height of the communications tower and/or antennas exceed the maximum permitted height of the applicable zone by more than 40 feet.
E. 
Any communications tower shall be set back from each property line a distance equal to its height, but in no circumstances less than 50 feet from any property line. This setback shall also be applicable to guide wire anchors for the communications tower.
F. 
All towers shall be completely enclosed by an eight-foot high nonclimbable fence with a self-locking gate secured with a combination lock, and posted for "no trespassing" and "danger" all located outside of the existing leased area.
G. 
The applicant shall furnish expert testimony regarding the construction methods or other measures used to prevent the toppling of any communications tower onto adjoining properties and/or roads and the wind-borne scattering of ice onto adjoining properties and/or roads. The applicant shall be required to implement construction methods or standards to prevent such occurrences.
H. 
Communications towers shall be sited so as to separate them from adjacent activities and structures located on adjoining lots.
I. 
The applicant shall submit notice of approval for the proposed installation from the Federal Aviation Administration and the Federal Communications Commission.
J. 
Communications towers which contain communications antennas which are capable of transmitting signals shall not create electrical, electromagnetic, microwave, or other interference off-site.
K. 
The applicant shall submit a plan for the removal of the communications tower and all communications antennas on such communications tower and all related equipment and facilities when they become functionally obsolete or are no longer in use. The applicant shall furnish a bond or other guarantee, acceptable to the Township, guaranteeing the removal of the facility within three months from the date the applicant ceases use of the facility or the facility becomes obsolete.
L. 
The Township may require the applicant to post a maintenance or performance bond in an amount sufficient to secure the installation and maintenance of the communications tower, communications antenna and related equipment and facilities during their lifetime.
M. 
A communications equipment cabinet or structure shall not contain more than 200 square feet of gross floor area or be more than 12 feet in height.
N. 
Towers shall be designed to blend into their surroundings in such a way that they are camouflaged from ground level view to minimize visual obtrusiveness.
O. 
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.
P. 
A landscape plan shall be prepared in accordance with the landscaping requirements of the Subdivision and Land Development Ordinance.[1] A landscape screen shall be required to screen as much of the height of the communications tower as possible, the fence surrounding the communications tower, and any other ground level features (such as equipment cabinets or a building).
[1]
Editor's Note: See Ch. 435, Subdivision and Land Development.
Q. 
Existing vegetation on and around the site shall be preserved, to the greatest extent possible, and maintained according to an approved maintenance plan.
R. 
Towers shall not be artificially lighted, unless required by the Federal Aviation Administration or other applicable authority. If lighting is required, the lighting alternatives and design chosen must comply with the lighting standards of this chapter.
A continuing care retirement community (CCRC) is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
Minimum lot area: 75 acres.
B. 
Any development must be serviced by public water and sanitary sewage systems.
C. 
Minimum lot width at building setback line: 300 feet.
D. 
Minimum setback from existing public streets on which the continuing care retirement community district abuts.
(1) 
Congregate building: 500 feet.
(2) 
Other buildings, off-street parking facilities, refuse collection stations, and stormwater management basins and artificial bodies of water: 100 feet.
E. 
Minimum setback from other property lines:
(1) 
Congregate building: 300 feet, or 500 feet from any existing dwelling, whichever is greater.
(2) 
Single-family detached, single-family semidetached, and attached dwelling independent-living units: 100 feet.
(3) 
Off-street parking facilities and refuse collection stations: 100 feet.
(4) 
Facility entrance at a public street: 100 feet from side and rear lot lines.
(5) 
Accessory buildings: 50 feet, or 100 feet from existing residential lots.
(6) 
Stormwater management facilities: 100 feet from existing residential lots.
(7) 
Multiple-family independent dwellings: 125 feet.
F. 
Minimum building setback from common off-street parking facilities with the capacity of the six or more vehicles or entrance and exit roads: 20 feet. Entrance and exit roads shall include the main road from the site entrance up to the first internal intersection of two or more roads which intersection is the beginning point of a loop road. Minimum building setback from all other interior roads that connect to the entrance and exit road and common off-street parking facilities with the capacity of five or fewer vehicles shall be 15 feet. Building setback criteria are not to be applied to loading docks, porte-cochere areas and service areas.
G. 
Or structures containing nonresidential use(s), off-street parking lots and loading areas shall be set back at least 75 feet from all adjoining residentially zoned lots, or use land, and 50 feet from all lot lines of the campus property.
H. 
All buildings or structures used solely for residential purposes shall be set back at least 50 feet from all lot lines of the campus property.
I. 
Distance between buildings.
(1) 
The horizontal distance between buildings, measured in feet at the closest point between any two buildings, shall be at least two and 2 1/2 times the height of the taller building.
(2) 
In no case shall any two structures be closer than 30 feet to one another.
J. 
Maximum density: 3.0 dwelling units per acre. For the purpose of this subsection, every three beds in the assisted-living facilities and skilled nursing care facilities shall be deemed the equivalent of one dwelling unit.
K. 
Minimum open space: 30% of the lot area.
L. 
A continuing care retirement community shall consist of a congregate building and independent-living units, as follows:
(1) 
The congregate building shall contain all of the following components:
(a) 
Assisted-living facilities providing room, board and personal care assistance with activities of daily living (such as bathing, grooming and meal preparation) for individuals able to retain a moderate degree of independence.
(b) 
Skilled nursing care facilities providing professionally supervised nursing care and related medical or other health services to individuals not in need of hospitalization, but whose needs are above the level of assisted living.
(c) 
Services for the exclusive use of residents and their guests, limited to the following:
[1] 
Dining facilities.
[2] 
Medical treatment facilities.
(2) 
The congregate building may contain the following additional components, which shall be strictly limited to occupancy in the congregate building:
(a) 
Independent apartment living units consisting of multiple dwellings.
(b) 
Services for the exclusive use of residents and their guests, limited to the following:
[1] 
Rehabilitation and physical therapy facilities, including wellness center, swimming pools and jacuzzis.
[2] 
Auditoriums.
[3] 
Activity rooms, craft rooms, libraries, lounges and similar recreation facilities.
[4] 
On-site retail and service facilities, limited to barbershop; beauty parlor; convenience store; pharmacy; newsstand; gift shop; bank; postal services; snack bar/coffee shop; bakery; and handicraft shop, staffed by residents of the continuing care retirement community. In the aggregate, such facilities shall be limited to no more than 5,000 square feet of floor area.
[5] 
Administrative offices used in the management of the continuing care retirement community.
[6] 
Not more than four overnight guest rooms.
(3) 
The independent-living units may consist of single-family detached, single-family semidetached, attached and multiple-family dwellings.
(4) 
Accessory uses permitted in the underlying zone and supporting the CCRC.
M. 
In a continuing care retirement community development, the following development requirements shall apply:
(1) 
The number of assisted-living facility beds and skilled nursing care facility beds shall not exceed 50% of the total number of independent-living dwelling units.
(2) 
The number of apartment units shall not exceed 75% of the total number of independent-living dwelling units.
(3) 
Buildings shall be in accordance with an overall master plan and shall be designed as a single architectural scheme.
(a) 
Buildings shall be designed so as to avoid unvaried patterns of construction or repetitive spaces between the buildings.
(b) 
Variations in the setback or alignment of buildings erected on the same frontage or attached to other buildings shall be deemed desirable; parallel arrangements of buildings should be avoided and desirable variations in such things as the facade, width, color, exterior materials, construction and rooflines shall be deemed desirable.
(c) 
No single wall face shall have a horizontal dimension in excess of 240 feet.
(4) 
A landscaping plan for the entire tract shall be required. The plan shall be prepared by a qualified professional.
(5) 
Outdoor refuse collection stations shall be adequately screened and landscaped so as to be out of view of adjacent properties and public streets.
(6) 
Walking trails, gardens and public gathering spaces shall be incorporated into the required open space.
N. 
The applicant shall furnish a description of the effect of the proposed use on the delivery of emergency and ambulance service. This description shall be forwarded to the agencies responsible for emergency and ambulance service in the site's vicinity for comments regarding the adequacy/inadequacy of existing facilities and services to accommodate the proposed use, and any suggestions that might enhance emergency and ambulance service. Should it be determined that the proposed use would overburden local emergency and ambulance service, the Township may attach conditions of approval that seek to assure adequate levels of service.
A contractor's office or shop is permitted as provided in Article 2 herein subject to the following criteria:
A. 
The applicant shall provide a detailed written description of the proposed use in each of the following topics:
(1) 
The nature of the on-site activities and operations, the types of materials stored, the frequency of distribution and restocking, the duration period of storage of materials and the methods for disposal of any surplus or damaged materials. In addition the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with the state and federal regulations.
(2) 
The general scale of operation in terms of its market area, specific floor space requirements for each activity, the total number of employees of each shift, and an overall needed site size.
(3) 
Any environmental impacts that are likely to be generated (e.g., noise, smoke, dust, litter, glare, outdoor lighting, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.), including specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances.
B. 
The maximum illuminated size shall be two acres. The total maximum building area shall not exceed 8,000 square feet in all zones except the Commercial and Industrial Zones.
C. 
A traffic impact report shall be prepared by a professional traffic engineer, according to the requirements of Chapter 435, Subdivision and Land Development.
D. 
Retail sales shall not exceed 20% of the floor area.
E. 
Within all zones except the C, I, and MU-2 Zones, outdoor storage of materials is prohibited. Outdoor storage must be screened from view by structures and/or a thirty-foot minimum width landscape screen.
F. 
A thirty-foot landscaped screen shall be provided from any loading/unloading dock area that adjoins any residential zoning district and/or residential use. Such screening shall comply with the requirements of Article 4 and Chapter 435, Subdivision and Land Development.
G. 
The hours of operation and site activities shall be limited to 7:00 a.m. to 9:00 p.m., Monday through Friday, and 8:00 a.m. to 9:00 p.m. on Saturday. (Operation and site activities shall include, but not be limited to, deliveries, vehicles starting or arriving on-site, use of backup beepers and radios, starting or running of equipment, moving of materials, use of tools, etc.)
A convention center is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
Convention centers may include any of the following uses, provided such uses are primarily sized, located and designed as one integrated development:
(1) 
Banquet and social halls;
(2) 
Commercial day-care facilities;
(3) 
Health and fitness clubs;
(4) 
Hotels and motels;
(5) 
Indoor theaters and recreation facilities;
(6) 
Information centers and booths;
(7) 
Meeting rooms;
(8) 
Offices;
(9) 
Retail services;
(10) 
Restaurants (excluding fast-food restaurants);
(11) 
Retail shops and concessionaires; and
(12) 
Taverns and nightclubs.
B. 
Minimum required lot area: 10 acres.
C. 
All uses shall be served by both public sewer and public water utilities.
D. 
Required parking will be determined based upon a combination of the types of activities proposed and the schedule listed in this chapter. In addition, an unimproved grassed overflow parking area shall be provided for peak use. If, at any time after the opening of the facility, the Supervisors determine that traffic backups are occurring on adjoining roads, and such backups are directly related to the lack of on-site parking, the Supervisors can require the applicant to revise and/or provide additional on-site parking space.
E. 
Any booths or other structures used for the collection of admission and/or parking fees shall be set back and arranged to prevent vehicle backups on adjoining roads during peak arrival periods. Any other collection of fees (roaming parking lot attendants) shall be conducted in a manner to prevent vehicle backups on adjoining roads. If, at any time after opening, the Township determines that traffic backups are occurring on adjoining roads, and such backups are directly related to the means of access to the subject property, the Township can require the applicant to revise means of access to relieve the undue congestion.
F. 
The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, litter, dust, and pollution.
G. 
Those uses involving extensive outdoor activities and/or display shall provide sufficient screening and/or landscaping measures to mitigate any visual and/or audible impacts on adjoining properties and roads. No outdoor storage is permitted.
H. 
A traffic impact report shall be prepared by a professional traffic engineer, according to requirements of Chapter 435, Subdivision and Land Development.
I. 
No exterior public address system shall be permitted.
J. 
All uses within the convention center shall be linked with sidewalks and/or pathways to facilitate safe and efficient pedestrian movements.
An adult day-care facility is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
An adult day-care facility shall not be located in a residence or on a property containing a residential use and shall conform to the standards of the zoning district in which the facility is located.
B. 
Enrollment shall be defined as the largest number of persons under day-care supervision at any one time during a seven-day period.
C. 
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.
D. 
The facility and any permitted accessory uses shall meet all laws, requirements and regulations of any governmental agency having jurisdiction over the facility and/or accessory use and shall furnish a valid registration certificate for the proposed use, issued by the PA Department of Public Welfare, if required.
E. 
Unless otherwise provided to the contrary in a specific zoning district, the following uses are considered permitted accessory uses to an adult day-care facility: offices, medical clinic, rehabilitative therapies, on-site food service, and pharmacy. All permitted accessory uses shall be limited to servicing attendees of the adult day-care facility.
F. 
If a pharmacy is present on-site, it will be for the sole use of dispensing to clients of the adult day-care facility and not for sale to others.
A commercial day-care facility is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
Outdoor play areas. A minimum of 100 square feet of usable outdoor play space and 40 square feet of usable indoor play space must be provided for each child present at the facility. Outdoor play areas shall be landscaped with a minimum of one shade tree per 400 square feet of play area. Off-street parking compounds shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard. Additionally, outdoor play areas shall be located and designed so as not to disrupt normal activities of adjoining uses permitted within the zone and/or neighborhood. Outdoor play areas shall be completely enclosed by a minimum four-foot high fence and screened with a twenty-foot landscape screen from adjoining residentially zoned properties.
B. 
Enrollment shall be defined as the largest number of persons and/or children under day-care supervision at any one time during a seven-day period.
C. 
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.
D. 
All commercial day-care facilities shall obtain and maintain proper licensure from the Commonwealth of Pennsylvania.
E. 
The applicant shall demonstrate that adequate safeguards are provided to protect students from nearby industrial activities and uses.
A family day-care facility is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
Parking shall be arranged such that there is no need to back up onto a collector road;
B. 
All family day-care facilities shall furnish a valid registration certificate for the proposed use, issued by the PA Department of Public Welfare, if required; and
C. 
Outdoor play areas shall not be located between the front of the building and the street or access right-of-way, unless located more than 150 feet from the right-of-way.
A dry cleaner and/or laundry facility is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
Public sewer and water shall be used;
B. 
All activities shall be conducted within a completely enclosed building;
C. 
During operation or plant cleanup and maintenance, all windows and doors on walls facing adjoining residential zones shall be kept closed; and
D. 
Any exhaust ventilation equipment shall be directed away from adjoining residentially zoned property.
Essential services shall be permitted in any zone, except in areas subject to flooding, without regard to the use and area regulations; provided, however, that building, structures and equipment erected for these services shall be subject to the following regulations:
A. 
Where feasible, front, side and rear yards shall be provided in accordance with the regulations of the district in which the facility is located.
B. 
Height shall be as required by the district regulations.
C. 
All buildings and equipment shall be enclosed with a chain-link fence six feet in height. A minimum of a thirty-five-foot landscape screen meeting the requirements of Chapter 435, Subdivision and Land Development, and Article 4 shall be provided along the perimeter of the lot in all zones, except Industrial and Commercial. In these zones a fifteen-foot landscape buffer meeting the requirements of Chapter 435, Subdivision and Land Development, and Article 4 shall be provided along the perimeter of the lot.
D. 
In all zones other than C and I, when the equipment is totally enclosed within a building, and the building is designed and constructed to emulate the residential character of the surrounding area through the use of brick, stone, stucco, residential windows and doors, and architectural grade shingles, the landscape screen may be reduced to 20 feet along all property lines except the front, which may be reduced to a twenty-foot landscape buffer.
E. 
The access to the essential service must be paved.
F. 
In residential districts, the permitted essential services facilities shall not include the storage of vehicles or equipment used in the maintenance of any utility and no equipment causing excessive noise, vibration, smoke, odor or hazardous effect shall be installed.
G. 
Site development plans of the facility shall be submitted to the Township for review and approval, as provided in the Carroll Township Zoning and Subdivision/Land Development Ordinances.
A farmers markets and/or flea market is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
The retail sales area shall be considered to be that of the smallest rectangle, or other regular geometric shape which encompasses all display stands, booths, tables or stalls, plus any adjoining aisles and/or walkways from which consumers can inspect items for sale. The retail sales area shall include all indoor and/or outdoor areas as listed above.
B. 
The retail sales area shall be set back at least 50 feet from all property lines and shall be calculated as part of the maximum permitted lot coverage, regardless of its surface treatment.
C. 
All outdoor display and sales of merchandise shall not begin prior to 7:00 a.m. and shall cease no later than 7:00 p.m. local time.
D. 
No exterior amplified public address system shall be permitted.
E. 
The applicant shall be required to demonstrate adequacy of sewage disposal and water supply.
F. 
Exterior trash receptacles shall be provided with any outdoor retail sales area. Such trash receptacles shall be routinely emptied so as to prevent the scattering of litter and debris. All applications shall include a description of a working plan for the cleanup of litter.
A. 
A forestry operation is permitted in all zoning districts and subject to the following criteria.
B. 
Forestry operation. To encourage maintenance and management of forested or wooded open space and promote the conduct of forestry as a sound and economically viable use of forested land and forestry activities, including, but not limited to, timber harvesting, and to be in compliance with the Pennsylvania Municipalities Planning Code,[1] as amended, forestry shall be a permitted use by right in all zoning districts. The following standards apply to all timber harvesting within the Township when harvesting 40 or more trees involving more than two acres. These provisions do not apply to the cutting of trees for the personal use of the landowner or for precommercial timber stand improvement.
(1) 
Notification and preparation of a logging plan.
(a) 
For all timber harvesting operations, the landowner shall notify the Township Zoning Officer at least 10 business days before the operation commences and within 10 business days before the operation is complete. No timber harvesting shall occur until the notice has been provided. Notification shall be in writing and shall specify the land on which harvesting will occur, the expected size of the harvest area, and, as applicable, the anticipated starting or completion date of the operation.
(b) 
Every landowner on whose land timber harvesting is to occur shall prepare a written logging plan in the form specified by this chapter. No timber harvesting shall occur until the plan has been prepared. The provisions of the plan shall be followed throughout the operation. The plan shall be available at the harvest site at all times during the operation and shall be provided to the Township Zoning Officer prior to the start of timber harvesting.
(c) 
The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan.
(2) 
Contents of the logging plan. At a minimum the logging plan shall include the following conditions:
(a) 
The design, construction, maintenance, and retirement of the access system, including haul roads, skid roads, skid trails, and landings.
(b) 
The design, construction, and maintenance of water control measures and structures, such as culverts, broad-based dips, filter strips, and water bars.
(c) 
The design, construction, and maintenance of stream and wetland crossings.
(d) 
The general location of the proposed operation in relation to municipal and state highways, including any accesses to those highways.
(e) 
A sketch map or drawing containing the site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within the property; significant topographic features related to potential environmental problems; location of all earth disturbance activities, such as roads, landings, and water control measures and structures; location of all crossings of waters of the commonwealth; and the general location of the proposed operation to municipal and state highways, including any accesses to those highways.
(f) 
Documentation of compliance with the requirements of all applicable state regulations including, but not limited to, the following: erosion and sedimentation control regulation contained in Title 25 Pennsylvania Code, Chapter 102, promulgated pursuant to the Clean Streams Law, 35 P.S. 691.1 et seq; and stream crossing and wetlands protection regulations contained in Title 25 Pennsylvania Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. 693.1 et seq.).
(g) 
Any permits required by state laws and regulations shall be attached to and become part of the logging plan. An erosion and sedimentation pollution control plan that satisfies the requirements of Title 25 Pennsylvania Code, Chapter 102, shall also satisfy the requirements for the logging plan and associated map specified above, provided all information required is included or attached.
(3) 
The following requirements shall apply to all timber harvesting operations in the Township:
(a) 
Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the Township or the Pennsylvania Department of Transportation; whichever is responsible for maintenance of the thoroughfare.
(b) 
No tops or slash shall be left within 25 feet of any public thoroughfare or private roadway providing access to adjoining residential property.
(c) 
All tops and slash between 25 feet and 50 feet of any public roadway or private roadway providing access to adjoining residential property or within 50 feet of adjoining residential property shall be lopped to a maximum height of four feet above ground.
(d) 
No tops or slash shall be left on or across the boundary of any property adjoining the operation without the consent of the owner thereof.
(e) 
Litter resulting from a timber harvesting operation shall be removed from the site before the operator vacates it.
(4) 
Responsibility for road maintenance and repair; road bonding. Pursuant to Title 75 of the Pennsylvania Consolidated Statutes, Chapter 49; and Title 67 Pennsylvania Code, Chapter 189, the landowner and the operator shall be responsible for repairing any damage to Township roads caused by traffic associated with the timber harvesting operation to the extent the damage is in excess of that caused by normal traffic and may be required to furnish a bond to guarantee the repair of such damages.
(5) 
The Township Zoning Officer shall be the enforcement officer for the standards set forth herein.
(6) 
The Township Zoning Officer may go upon the site of any timber harvesting operation before, during, or after active logging to review the logging plan or any other required documents for compliance with the standards and inspect the operation for compliance with the logging plan and other on-site requirements of these regulations.
[1]
Editor's Note: See 53 P.S. § 0101 et seq.
A fuel storage and supply facility is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
Minimum lot size is 10 acres;.
B. 
All tanks, equipment and appurtenances must be set back a minimum of 200 feet from all industrial zoned property lines and 500 feet from any nonindustrial use or zone boundary;.
C. 
An impervious liner is required below all tank containment systems. All tanks shall have a containment system capable of holding tank contents in the event of a rupture.
D. 
An emergency response plan must be completed and sent to the EMA Coordinator with the building permit application.
E. 
A fifty-foot landscape buffer is required along all property lines.
F. 
Tanks shall be maintained in good working order, free of rust. Tanks and appurtenances shall be painted a neutral color that minimizes reflective glare.
G. 
Unused tanks and appurtenances shall be removed from the site within six months notification from the Township.
A golf course and/or driving range is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
A golf course and/or driving range shall be considered a development and subject to the requirements thereof;
B. 
All proposed golf courses and/or driving ranges shall submit legible accurate site plans drawn to a scale;
C. 
A golf course and/or driving range shall provide runoff control;
D. 
In no case shall the golf course design permit or encourage a golf ball to be driven across any building, building lot, parking lot, street, access drive, or driveway;
E. 
Golf cart paths shall not be permitted to cross any public road at grade;
F. 
All buildings shall be set back 75 feet from any adjoining street right-of-way and 100 feet from adjoining residential use or zone;
G. 
Golf courses may include the following accessory uses, provided such uses are reasonably sized and located so as to provide incidental service to the golf course employees and users:
(1) 
Clubhouse, which may consist of:
(a) 
Administrative offices;
(b) 
Day care for those using the golf course;
(c) 
Game rooms, including card tables, billiards, ping-pong, video games, pinball machines, and other similar table games;
(d) 
Golf cart and maintenance equipment storage and service facilities;
(e) 
Fitness and health equipment, including workout machines, spas, whirlpools, saunas, and steam rooms;
(f) 
Locker rooms and restrooms;
(g) 
Retail sales not to exceed 5,000 square feet of floor area; and
(h) 
Restaurant, snack bar, lounge, and banquet facilities.
(2) 
Accessory recreation amenities located outside of a building, including:
(a) 
Bocce ball, croquet, shuffleboard, quoits, horseshoe pits, and washers courses;
(b) 
Driving range, provided that the applicant shall furnish expert evidence that all lighting has been arranged to prevent glare on adjoining properties and streets;
(c) 
Hiking, biking, horseback riding, and cross-country ski trails;
(d) 
Picnic pavilions, picnic tables, park benches, and barbecue pits;
(e) 
Playground equipment and playlot games, including four square, dodgeball, tetherball, and hopscotch;
(f) 
Practice putting greens;
(g) 
Swimming pools; and
(h) 
Tennis, platform tennis, handball, racquetball, squash, volleyball, and badminton courts.
(3) 
Freestanding maintenance equipment and supply buildings and storage yards.
H. 
All outdoor storage of maintenance equipment and/or golf carts shall be set back at least 100 feet and screened with a thirty-foot landscape screen meeting the requirements of Article 4 and Chapter 435, Subdivision and Land Development, from adjoining residential properties and roads;
I. 
All dumpsters and off-street parking and/or loading areas shall be screened from adjoining or nearby residences. In addition, all off-street loading and dumpsters shall be screened from adjoining roads; and
J. 
Any booths or other structures used for the collection of admission and/or parking fees shall be set back and arranged to prevent vehicle backups on adjoining roads during peak arrival periods. Any other collection of fees or offering of services (roaming parking lot attendants, bag check, etc.) shall be conducted in a manner to prevent vehicle backups on adjoining roads. If, at any time after opening, the Township determines that traffic backups are occurring on adjoining roads, and such backups are directly related to the means of access to the subject property, in addition to any other enforcement remedies, the Township can require the applicant to revise means of access to relieve the undue congestion.
A health and fitness club is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
Off-street parking shall be provided as required by the combination of elements comprising the health and fitness club, including accessory uses;
B. 
All outdoor recreation facilities shall be set back at least 50 feet from the street right-of-way line, at least 25 feet from all other lot lines, and at least 100 feet from any residentially zoned properties or existing residential use; and
C. 
Any accessory eating facilities, or retail use, shall not be directly accessible without passing through the main clubhouse building and shall not be located in a separate building.
A health care campus, nursing home, and/or hospital is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
Minimum lot area: five acres.
B. 
Density: as provided in Article 2, except each 1.5 care beds associated with medical use shall constitute one dwelling unit.
C. 
Adequate provision shall be made for a system of roads sufficient to accommodate predictable vehicular traffic and to ensure safe and efficient vehicular access for emergency management equipment.
D. 
Applicant shall provide an overall landscaping plan for the health care campuses, nursing homes, and hospitals. A natural buffer screening plan shall also be submitted with the landscaping plan and shall address screening of adjoining residential dwellings or appropriate sensitive areas.
E. 
Emergency entrances shall be located on a building wall which faces away from adjoining residentially zoned properties or adjacent residential use or is separated by at least three 300 feet from residentially zoned properties or adjacent residential use.
F. 
Public sewer and public water utilities shall be utilized.
G. 
Materials and waste handling. Evidence shall be provided indicating that the disposal of all materials and wastes will be accomplished in a manner that complies with state and federal regulations.
H. 
Where more than one of the uses enumerated below are proposed either at one time or separately over time, integrated site function and design shall be required consistent with the creation of a campus-like environment.
I. 
Permitted uses. In addition to permitted uses within the definitions herein and state law requirements, the following uses are also permitted:
(1) 
Commercial day-care facilities;
(2) 
Commercial schools with exclusively health care-related curricula intended to prepare enrolled students for careers in health care, nursing schools, and other allied health technology training programs;
(3) 
Health and fitness clubs;
(4) 
Hospitals and hospices;
(5) 
Intermediate care and skilled nursing facilities;
(6) 
Medical offices;
(7) 
Outpatient health services, including, but not limited to, laboratories, radiological and diagnostic imaging services, blood banks, outpatient surgery centers, and outpatient clinics and patient care facilities; and
(8) 
Accessory buildings, uses and services customarily incidental to the above uses, including, but not limited to, the following:
(a) 
Administrative offices;
(b) 
Public uses and essential services (e.g., private central utility plant, electrical switching facility, steam generation facility, heating facility, ventilation facility, and oxygen facility);
(c) 
Automobile parking lots and parking garages;
(d) 
Housing for students, employees and their families in accordance with the standards of the RS-2 Zone;
(e) 
Lodging facilities for patients and their families;
(f) 
Retail sales of medical/health care-related supplies (e.g., durable medical equipment, prosthetics, pharmaceutical supplies) and retail sales/service for the convenience of employees, patients and visitors (e.g., uniforms, flowers, gifts, uniform cleaning, barber/beauty salons, hobby, book, automatic teller banking, food and beverage, restaurants). All retail sales and services shall be located within buildings in which other permitted uses are located. Retail sales and services may not exceed 10% of the floor area of existing buildings within this zone;
(g) 
Short-term, intermittent educational programs which are not intended to prepare students for careers in health care, but, rather, are intended to inform employees, patients, health care providers, or the public regarding health care issues;
(h) 
Helistop; and
(i) 
Incinerators and autoclaves.
J. 
Specific requirements for selected accessory uses.
(1) 
Heliport. The heliport shall only be used for the emergency transport by helicopter of patients to or from other permitted health care-related uses. The heliport shall meet all requirements for heliports as a principal use. The applicant must demonstrate compliance, through a written statement, and continue to comply with applicable state and federal standards; and
(2) 
Incinerators and autoclaves. Only the processing of waste generated on-site is permitted. All processing and storage of waste shall be conducted within a completely enclosed building. All storage of waste shall be in a manner that is leakproof and vectorproof. No on-site storage of waste shall exceed seven days. The incinerator shall be set back at least a distance equal to its height from all lot lines. The applicant must demonstrate compliance, through a written statement, and continue to comply with all applicable state and federal standards and regulations.
K. 
The applicant shall furnish a description of the effect of the proposed use on the delivery of emergency and ambulance service. This description shall be forwarded to the agencies responsible for emergency and ambulance service in the site's vicinity for comments regarding the adequacy/inadequacy of existing facilities and services to accommodate the proposed use, and any suggestions that might enhance emergency and ambulance service. Should it be determined that the proposed use would overburden local emergency and ambulance service, the Township may attach conditions of approval that seek to assure adequate levels of service.
A home improvement and building supply store is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
The retail sales area shall be all areas open for public display, including, but not limited to, shelves, racks, bins, stalls, tables, and booths, plus any adjoining aisles or walkways from which consumers can inspect items for sale. The retail sales area shall include both interior and exterior areas as listed above.
B. 
All exterior retail sales areas shall be paved and be completely enclosed with a minimum six-foot high fence and gate. All exterior retail sales areas shall maintain a minimum of five feet of unobstructed sidewalk for pedestrians.
C. 
All exterior storage and retail sales areas (exclusive of nursery and garden stock) shall not be located any closer to the road or access right-of-way than the front of the building as determined by the Zoning Officer.
D. 
No exterior public address system shall be permitted.
E. 
Any drilling, cutting, sawing, mixing, crushing or some other preparation of building materials, plus any testing or repair of motorized equipment shall be conducted within a completely enclosed building.
F. 
Storage of carts within the parking area or access drives is prohibited, except in cart corals. Adequate cart storage area shall be provided inside the building.
Home occupation is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
The use, if approved as a special exception or variance by the Zoning Hearing Board, shall not follow with the title of the land, but rather the approval shall automatically terminate upon conveyance of the property to another owner(s);
B. 
The use shall be clearly incidental to the primary use of the premises as a dwelling for living purposes;
C. 
Only a person who is a resident of the dwelling may be engaged in the home occupation use;
D. 
No more than one home occupation may be located in any dwelling unit or on any property;
E. 
The home occupation shall not alter the appearance of the building as a dwelling unit;
F. 
Any mechanical equipment employed in a home occupation shall be inaudible at the property line;
G. 
No sales of any goods or merchandise shall occur on the premises, other than those goods or merchandise which are produced on the premises;
H. 
Any proposed manufacturing, other than the products of customary hobbies and fabrication of garments by a seamstress shall, if requested, provide written evidence that the storage, use and disposal of materials and wastes shall be accomplished in a manner that complies with all applicable federal, state, and county requirements;
I. 
No goods shall be displayed and no services rendered so as to be visible from the exterior of the premises; and
J. 
Home occupation shall be limited to not more than 30% of the floor area of the dwelling unit, or 500 square feet, whichever is less.
Home occupation in accessory structures are permitted as provided in Article 2 herein and subject to the following criteria:
A. 
The use, if approved by the Zoning Hearing Board, shall not follow with the title of the land, but rather the approval shall automatically terminate upon conveyance of the property to another owner(s);
B. 
The use shall be clearly incidental to the primary use of the premises as a dwelling for living purposes;
C. 
Only a person who is a resident of the dwelling may be engaged in the home occupation use;
D. 
No more than one home occupation may be located in any dwelling unit or on any property;
E. 
The home occupation shall not alter the appearance of the building as a dwelling unit;
F. 
Any mechanical equipment employed in a home occupation shall be inaudible at the property line;
G. 
No sales of any goods or merchandise shall occur on the premises, other than those goods or merchandise which are produced on the premises;
H. 
Any proposed manufacturing, other than the products of customary hobbies and fabrication of garments by a seamstress shall, if requested, provide written evidence that the storage, use and disposal of materials and wastes shall be accomplished in a manner that complies with all applicable federal, state, and county requirements;
I. 
No goods shall be displayed so as to be visible from the exterior of the premises; and
J. 
The parking area required for the home occupation shall be regarded as a potential nuisance and shall be subject to screening to minimize any adverse effect on the immediate area.
A hotel, motel, or similar lodging facility is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
Minimum lot area: five acres;
B. 
Maximum residence lodging room density: 10 suites per net developable acre;
C. 
Maximum floor area ratio: 0.30 per net developable acre;
D. 
Maximum height: 65 feet with a maximum of five stories.
E. 
Both public sewer and public water shall be utilized;
F. 
The following accessory uses may be approved as part of the application:
(1) 
Auditoriums;
(2) 
Barber and beauty shops;
(3) 
Gift shops;
(4) 
Meeting facilities;
(5) 
Recreational uses and swimming pools;
(6) 
Restaurants;
(7) 
Saunas, spas or steam rooms;
(8) 
Solariums;
(9) 
Taverns or nightclubs;
(10) 
Valet shops; and
(11) 
Other similar retail sales and personal services.
G. 
The above accessory uses (aside from outdoor recreational uses) shall be physically attached to the main lodging building, except that one freestanding restaurant or tavern shall be permitted on the same lot as a principal lodging building, subject to the following:
(1) 
The proposed restaurant or tavern shall offer the preparation and serving of food and drink to be consumed on the premises; no drive-through or take-out services shall be permitted;
(2) 
No additional freestanding signs (other than those permitted for the principal lodging use) shall be permitted;
(3) 
Sufficient required off-street parking spaces have been provided and located to conveniently serve the freestanding restaurant, or tavern, without interfering with required off-street parking associated with the lodging use; and
(4) 
No part of any tavern shall be located within 600 feet of any residentially zoned land or residential use.
An intensive animal operation is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
Setback requirements. Any building or structure constructed or adapted to house an intensive animal operation or to be otherwise used in connection with an intensive animal operation shall maintain the following setbacks:
(1) 
From any property line, at least a 300-foot setback. The 300 feet will be measured from the closest part building to the lot line. Five hundred feet from any off-site residential zone or use.
(2) 
From a watercourse, floodplain, lake, pond, or wetland, at least 300 feet.
(3) 
From any well used for human consumption, in any manner, at least 300 feet.
B. 
The applicant shall submit a nutrient management plan, a soil and water conservation plan, a waste management plan, a fly control plan and an odor abatement or control plan. Applicant shall demonstrate that each plan will use the then-current best management practices to minimize adverse effects of the intensive animal operation. Applicant shall provide evidence that each required plan meets the standards of any governmental entity having jurisdiction to approve the plan and meets or exceeds recommendations of the Pennsylvania Department of Agriculture, Penn State Cooperative Extension Service, and trade organizations. The intensive animal operation shall establish and maintain compliance, at all times, with the requirements of the Pennsylvania Nutrient Management Act and file any plan required thereunder with the appropriate state of federal agency. At all times during the continuance of the intensive animal operation, applicant shall implement the nutrient management plan, soil and water conservation plan, waste management plan, fly control plan, and odor abatement or control plan.
C. 
The minimum lot area for an intensive animal operation shall be 25 acres. In the event that parcels of contiguous land in common ownership consist of more than one lot, the owner must merge such tracts by a recordable agreement with the Township, which will preclude the tract from being placed in separate ownership without Township subdivision approval. (An operator/owner of such operation may not transfer land resulting in a reduction of acreage to less than 25 acres. Leased land may not be considered for acreage hereunder.
D. 
The applicant shall provide the Township with evidence that the applicant has designed the proposed facility in a manner to maximize conservation of water. The applicant shall identify specific techniques, such as catching and use of water from the roof of the structure, or shall provide the Zoning Hearing Board with evidence as to why such water conservation measures cannot be utilized.
E. 
The applicant shall provide the Township with the name, address, and telephone number of a person to contact in the event the Township receives complaints concerning the intensive animal operation or in the event of emergency. Applicant shall additionally provide the Township with an alternate point of contact in the event that the Township is unable to reach the designated contact person.
F. 
The erection of any new structure housing animals or birds shall require a special exception. Any special exceptions for an intensive animal operation granted under this section shall be limited to the number of structures and the number of animals or birds set forth in the application.
A junkyard is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
Minimum lot area: 10 acres.
B. 
The outdoor area devoted to the storage of junk shall be completely enclosed by an eight-foot high, completely opaque fence which shall be set back at least 50 feet from all property lines and 100 feet from a residential zone or use.
C. 
A seventy-foot landscape buffer and a thirty-foot landscape screen shall be required when adjoining a residential zone or use. A thirty-foot landscape screen and a twenty-foot landscape buffer shall be required along all other property lines. All landscaping shall meet the requirements of this chapter and Chapter 435, Subdivision and Land Development.
D. 
All buildings used to store junk shall be completely- enclosed and shall be set back at least 50 feet from all property lines.
E. 
No material may be stored or stacked so that it is visible from adjoining properties and roads.
F. 
All additional federal and state laws shall be satisfied.
G. 
All junk shall be stored or arranged so as to permit access by firefighting equipment and to prevent the accumulation of water, and with no junk piled to a height greater than eight feet, nor a width of 50 feet and a length of 200 feet.
H. 
No material shall be burned at any time.
I. 
Any junkyard shall be maintained in such a manner as to cause no public or private nuisance, nor to cause any offensive or noxious sounds or odors, nor to cause the breeding or harboring of rats, flies, or other vectors.
J. 
No junkyard shall be located on land with a slope in excess of 6%.
K. 
Leakage or discharge of liquid or solid materials shall be prohibited and all state and federal requirements for storage of materials shall be followed.
A. 
A kennel up to and including 25 animals is permitted as provided in Article 2 herein and subject to the following criteria:
(1) 
The minimum lot area is three acres;
(2) 
Buildings housing animals shall be kept 200 feet from a residential zone or use and 75 feet from other property lines;
(3) 
Fenced in outdoor runs shall be provided for each animal;
(4) 
Outdoor runs shall be kept 300 feet from a residential zoned lot or use and 100 feet from other property lines;
(5) 
Hours of operation shall not exceed 7:00 a.m. to 8:00 p.m., and outdoor exercise of animals shall not exceed 9:00 a.m. to 4:00 p.m.;
(6) 
Site shall be configured to direct noise away from adjoining properties, through siting of runs, walls, berms, and landscaping.
B. 
A kennel housing 25 to 75 animals is permitted as provided in Article 2 herein and subject to the following criteria:
(1) 
The minimum lot area is 10 acres;
(2) 
Buildings housing animals shall be kept 300 feet from a residential zone or use, and 150 feet from other property lines;
(3) 
Fenced in outdoor runs shall be provided for each animal;
(4) 
Outdoor runs shall be kept 500 feet from a residential zoned lot or use and 250 feet from other property lines;
(5) 
Hours of operation shall not exceed 7:00 a.m. to 8:00 p.m., and outdoor exercise of animals shall not exceed 9:00 a.m. to 4:00 p.m.;
(6) 
Site shall be configured to direct noise away from adjoining properties, through siting of runs, walls, berms, and landscaping.
C. 
A kennel housing 75 animals or more in the Agricultural-Conservation Zone (AC) is permitted as provided in Article 2 herein and subject to the following criteria:
(1) 
The minimum lot area is 25 acres;
(2) 
Buildings housing animals shall be kept 500 feet from a residential zone or use, and 300 feet from other property lines;
(3) 
Fenced-in outdoor runs shall be provided for each animal;
(4) 
Outdoor runs shall be kept 750 feet from a residential zoned lot or use and 400 feet from other property lines;
(5) 
Hours of operation shall not exceed 7:00 a.m. to 8:00 p.m., and outdoor exercise of animals shall not exceed 9:00 a.m. to 4:00 p.m.; and
(6) 
Site shall be configured to direct noise away from adjoining properties, through siting of runs, walls, berms, and landscaping.
D. 
All kennels shall provide a waste management plan and odor abatement control plan.
E. 
All kennels shall obtain any required state licenses.
A laboratory for scientific and/or industrial research and development and/or testing are permitted as provided in Article 2 herein and subject to the following criteria:
A. 
The applicant shall provide a detailed written description of the proposed use in each of the following topics:
(1) 
The nature of the on-site operations, the materials used, the products produced, and the generation and methods for disposal of any wastes and/or by-products. In addition, the applicant shall furnish evidence that the storage and disposal of materials will be accomplished in a manner that complies with state and federal regulations;
(2) 
The total number of employees on each shift, and an overall needed site size; and
(3) 
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish expert evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances, and will not cause the loss of use or enjoyment of adjoining properties.
A laundromat is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
Public sewer and water shall be used;
B. 
All activities shall be conducted within a completely enclosed building;
C. 
Any exhaust ventilation equipment shall be directed away from adjoining residential use or residentially zoned property;
D. 
The operator of the facility shall have a representative available to contact for all hours of operation; and
E. 
The applicant shall offer testimony that the proposed use will be controlled so as to not constitute a nuisance due to noise or loitering inside and outside the building.
A manufactured (or mobile) home park is permitted as provided in Article 2 herein, and are subject to the following requirements:
A. 
The minimum parcel size for any manufactured home park development shall be five acres.
B. 
All manufactured home parks shall be served with public sewer and public water service;.
C. 
The maximum number of manufactured home units shall be limited to five units per acre.
D. 
All manufactured home parks shall be provided with a perimeter landscape buffer that is at least 50 feet wide.
E. 
No single manufactured home lot shall contain less than 4,200 square feet.
F. 
No manufactured home lot shall be within 50 feet of a park boundary, nor within 50 feet of an outside street right-of-way. The perimeter of the parent tract or the right-of-way line(s) of existing streets shall constitute the park boundary.
G. 
No manufactured home, office or service building shall be located within 50 feet of a park boundary; nor within 75 feet of an outside street right-of-way; nor within 10 feet of the right-of-way of an interior park street, or the paved edge of a common parking area or common walkway; nor within 25 feet of an adjacent structure or other manufactured home.
H. 
Each manufactured home shall have a minimum front yard of 30 feet, rear yard of 25 feet, and two sides of 10 feet each. In no case shall the distance between any two manufactured homes be less than 20 feet.
I. 
A concrete sidewalk of a minimum width of three feet shall be provided to each manufactured home unit from an adjacent street.
J. 
There shall be a common sidewalk system four feet wide throughout the development.
K. 
All roads in the park shall be private access drives, shall be lighted to maintain four footcandles at ground level, and shall be paved and curbed in accordance with street standards of Chapter 435, Subdivision and Land Development, at least 24 feet wide without on-street parking. When on-street parking is provided, each on-street parking lane shall be eight feet wide.
L. 
Street trees shall be planted and continuously maintained in accordance with Chapter 435, Subdivision and Land Development requirements.
M. 
Each manufactured home lot shall abut on a park access drive with access to such access drive. Access to all manufactured home lots shall not be from public streets or highways.
N. 
Each manufactured home space shall contain no more than one manufactured home, nor more than one family.
O. 
No less than 20% of the total manufactured home park area shall be set aside for recreation and common open space purposes. Such area may not include any of the required manufactured home park landscape buffer. No service buildings or offices may be constructed within the required recreation and open space area. Said recreation area shall be in addition to recreation areas required elsewhere in this chapter and/or Chapter 435, Subdivision and Land Development. Should the landowner and/or operator neglect to maintain the designated recreational and open space areas as depicted on the plan, the Township may then cause such required maintenance to occur, and assess the landowner for any costs incurred.
P. 
Protective skirting shall be placed around the area between the ground surface and the floor level of each manufactured home.
Q. 
No travel or vacation trailer or other form of temporary living unit shall be placed upon any manufactured home stand or used as a dwelling within the manufactured home park.
R. 
Individual manufactured home owners may install accessory or storage sheds, extensions and additions to manufactured homes and exterior patio areas. Any such facilities so installed shall not intrude into any required minimum front, side or rear yard, and, in every case, shall substantially conform in style, quality and color to the existing manufactured homes.
S. 
Each manufactured home shall be provided with a minimum of two paved parking spaces, which shall be located on the manufactured home space. If on-street parking is not provided, one additional off-street parking space per unit shall be provided in a common visitor parking compound. Such visitor parking compounds shall be sized, arranged, and located so that the spaces are within 300 feet walking distance to those units served.
T. 
Each manufactured home shall be placed on an eight-inch thick poured concrete pad over a four-inch AASHTO No. 57 stone base, the length and width of which shall be at least equal to the length and width of the manufactured home it is to support.
U. 
Each manufactured home concrete pad shall have attachments for waste disposal, water supply facilities and electrical service, and such facilities shall be properly connected to an approved method of sewage disposal, and water and electrical supply. Each manufactured home concrete pad shall have properly designed tie downs that shall be used to anchor the manufactured home.
V. 
All manufactured home parks shall be screened with a landscape screen from adjoining residential zone or use and roads. Screening methods shall be described and graphically depicted as part of any conditional use application.
A manufacturing, storage, and/or wholesaling operation of light industrial products is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
Both public sewer and water shall be utilized;
B. 
The applicant shall provide a detailed written description of the proposed use in each of the following topics:
(1) 
The nature of the on-site processing operations, the materials used in the process, the products produced, and the generation and methods for disposal of any wastes and/or by-products. In addition, the applicant shall furnish evidence that the storage and disposal of materials will be accomplished in a manner that complies with state and federal regulations.
(2) 
The total number of employees on each shift, and an overall needed site size.
(3) 
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish expert evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances.
(4) 
A traffic impact report prepared by a professional traffic engineer, according to the requirements of Chapter 435, Subdivision and Land Development.
A marijuana dispensary is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
A marijuana dispensary shall not be permitted to be located within 1,000 feet of any school (public, private, or parochial), day-care center, or other marijuana dispensary.
B. 
No marijuana dispensary shall be located within 300 feet of any AC, RA, RS-1, RS-2, RS-3, or MU-1 Zone.
C. 
No marijuana dispensary shall be located within 600 feet of any parcel of land which contains any one or more of the following specified land uses:
(1) 
Amusement park;
(2) 
Camp (for minors' activity);
(3) 
Church or other religious institution;
(4) 
Park; and
(5) 
Playground.
D. 
The distance between any two marijuana dispensaries shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of each establishment. The distance between any marijuana dispensary and any land use specified above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior property line of the marijuana dispensary to the closest point on the property line of said land use.
E. 
The marijuana dispensary shall be a stand-alone building.
F. 
All marijuana dispensaries shall gain approval from the U.S. Department of Justice (DOJ), and/or U.S. Food Drug Administration (FDA) and comply with state law.
A marijuana growing and/or processing facility is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
The applicant shall provide a detailed description of the proposed use in each of the following topics:
(1) 
The nature of the on-site activities and operations, hours of operation, number of employees, the types of materials stored, the frequency of distribution and restocking, the duration period of storage of materials, and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.
(2) 
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use comply with applicable laws and ordinances, including, but not limited to, those listed in Article 3 of this chapter.
(3) 
A traffic impact study prepared by a professional traffic engineer, according to § 435-27C, or successor section, of Chapter 435, Subdivision and Land Development.
B. 
The subject property shall have a minimum lot area of five acres and a minimum lot width of 300 feet. A maximum lot coverage of 70% shall be permitted.
C. 
The use shall provide sufficiently long stacking lanes and on-site loading/unloading areas, so that trucks waiting to be loaded/unloaded will not back up onto public roads. No parking areas or loading/unloading areas shall be permitted within 50 feet of any public street right-of-way line.
D. 
Vehicular access shall be so arranged as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby properties. Access drives used by trucks shall only intersect with arterial or collector roads or new streets that are proposed, designed and constructed to serve the distribution center or warehouse.
E. 
The subject property shall have a minimum of 300 feet of contiguous road frontage along an arterial and/or collector road.
F. 
Buildings, access drives, parking areas, staging areas and loading/unloading areas on the subject property shall be located no closer than 200 feet from a residential use or zone, and/or any property containing a school, day-care facility, park, playground, library, hospital, nursing, rest or retirement home, or senior residential campus.
G. 
Access driveways shall be a minimum of 28 feet, as measured at the street right-of-way line (unless a different width is required by PADOT as part of the highway occupancy permit process), and a maximum of 40 feet wide, as measured at the throat of the access drive. All access drives onto the same road shall be set back at least 150 feet from one another, as measured from closest points of cartway edges.
H. 
Any gates or other barriers used at the entrance to parking areas shall be set back and arranged to prevent vehicle backups onto adjoining roads during peak arrival periods.
I. 
Outdoor vehicle service, and/or repair activities shall be prohibited.
J. 
The outdoor storage of unlicensed and/or uninspected vehicles is prohibited.
K. 
The demolition or junking of vehicles and machinery is prohibited. Demolished vehicles and/or parts thereof shall be removed within 30 days after arrival.
L. 
All outdoor loudspeaker systems shall be designed, arranged, and operated so as to be inaudible at the property line.
M. 
The parking, storage, staging and/or loading/unloading of vehicles associated with the use shall be confined to the subject property; no satellite parking, storage, staging and/or loading lots or areas shall be permitted.
N. 
The applicant shall furnish evidence that the storage and disposal of materials and waste will be accomplished in a manner that complies with all applicable state and federal regulations.
O. 
Green space shall be 200 feet along adjoining lands containing a residential use or zone; and
(1) 
Within the required green space, a thirty-foot wide landscape screen is required and/or an earthen berm having a maximum slope three feet horizontal to one foot vertical and a minimum height of 15 feet above grade; and
(2) 
Stormwater management facilities may be located within the green space but not within the required landscape screen.
A mini warehouse is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
A mini warehouse shall be designed and function as one integral connected structure that forms an enclosed courtyard where other mini storage buildings may be placed and accessed internally. The exterior of the building shall be masonry and shall not provide access to mini storage units from the perimeter of the site.
B. 
Any buildings proposed within the interior courtyard shall not be visible from any point outside the building, both on-site and off-site.
C. 
Parking shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least 26 feet wide when mini storage units open onto one side of the lane only, and at least 30 feet wide when mini storage units open onto both sides of the lane.
D. 
Required parking spaces may not be rented as, or used for, vehicular storage. However, additional outside storage area may be provided for the storage of privately owned travel trailers and/or boats, so long as such outside storage area is located internal to the complex (within the courtyard). This provision shall not be interpreted to permit the storage of partially dismantled, wrecked, or inoperative vehicles.
E. 
All storage shall be kept within an enclosed building, except that the storage of flammable, highly combustible, explosive or hazardous chemicals shall be prohibited. Any fuel tanks and/or machinery or other apparatuses relying upon such fuels shall be stored only in an external storage area as described above.
F. 
A mini warehouse shall be used solely for the dead storage of property. The following lists examples of uses expressly prohibited upon the site:
(1) 
Auctions, commercial wholesale or retail sales, or garage sales;
(2) 
The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment;
(3) 
The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment;
(4) 
The establishment of a transfer and storage business; and
(5) 
Any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations.
G. 
The applicant shall adequately demonstrate that all mini warehouse rental and/or use contracts shall specifically prohibit these uses.
A mobile food facility is permitted in all zones and subject the following criteria:
A. 
The facility shall not encroach on any access drive, parking lot aisle, clear sight triangle, and shall not result in an unsafe traffic condition;
B. 
The facility shall furnish proof of PA state license at zoning permit application;
C. 
The facility must obtain solicitation permit from Carroll Township prior to use; and
D. 
Only signs affixed to the mobile food facility will be permitted.
A motor vehicle sales and service facility is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
Exterior maintenance and preparing of vehicles for sale is prohibited.
B. 
All service and/or repair activities shall be conducted within a completely enclosed building.
C. 
All uses involving drive-through service shall provide sufficient on-site stacking lanes to prevent vehicle backups on adjoining roads.
D. 
Outdoor storage areas for parts, equipment, lubricants, fuel, etc., is prohibited.
E. 
Except for the display of vehicles for sale, the storage of unlicensed, or unregistered vehicles is prohibited.
F. 
Any ventilation equipment outlets associated with the service/repair work area(s) shall not be directed toward any adjoining residential zone or use.
G. 
All vehicles and machinery not for sale, shall be repaired and removed from the premises within 14 consecutive calendar days.
H. 
The demolition or junking of vehicles and machinery is prohibited. Demolished vehicles or parts thereof shall be removed from the site within one week of arrival.
I. 
The applicant shall furnish evidence that the storage and disposal of materials will be accomplished in a manner that complies with state and federal regulations.
J. 
All motor vehicle sales and service facilities shall comply with the lighting requirements as contained this chapter and also Chapter 435, Subdivision and Land Development.
K. 
Display of motor vehicles on a grass or unstabilized surface is prohibited. All proposed display areas shall be designed and constructed in accordance with the parking lot requirements of Chapter 435, Subdivision and Land Development.
L. 
Proposed display areas shall be set back from any street right-of-way a minimum of 30 feet and shall include a thirty-foot landscape buffer.
M. 
Exterior washing of vehicles is prohibited and wastewater from the washing of vehicles shall be discharged to a sanitary sewer system permitted for this purpose.
N. 
Vehicles shall not be parked, stored, or otherwise displayed within street right-of-way, landscape buffers or screens, or stormwater facilities, or on top of on-lot sewage disposal absorption areas.
A multiple-family dwelling or multiple townhouses (single-family attached dwellings) on a single lot are permitted as provided in Article 2 herein and subject to the following criteria:
A. 
Minimum lot area: two acres.
B. 
All units must be connected to public sewer and public water systems.
C. 
Minimum required setbacks. All structures and dumpsters shall be set back at least 50 feet from every property line. Off-street parking and loading shall be set back at least 25 feet from every property line. Interior building setbacks shall be as follows:
(1) 
Front to front, rear to rear, or front to rear, approximately parallel buildings shall have at least 0.6 times the average length of the buildings between faces of the building or 70 feet whichever is greater. If the front or rear faces are obliquely aligned, the above distance may be decreased by as much as 10 feet at one end if increased by similar or greater distance at the other end;
(2) 
Buildings shall front a road, parking area, courtyard, or other building front, not the side or rear of another building, unless said buildings are separated by a minimum of 100 feet; and
(3) 
A minimum yard space of 30 feet is required between end walls and 80 feet from rear face to rear face of buildings, and 60 feet from rear to side.
D. 
Buildings shall be setback a minimum of 25 feet from any parking lot, aisle, or access drive.
E. 
All buildings must be set back a minimum of 100 feet from any single-family residential use, and there shall be a thirty-foot landscape buffer along the perimeter where a contiguous single-family residential use exists, constructed and maintained in accordance with this chapter and Chapter 435, Subdivision and Land Development.
F. 
Buildings shall be designed so as to avoid unvaried patterns of construction or repetitive spaces between the buildings. Variations in the setback or alignment of buildings erected on the same frontage or attached to other buildings shall be deemed desirable, parallel arrangements of buildings should be avoided and desirable variations in such things as the facade, width, color, exterior materials, construction and rooflines of apartment buildings or townhouses shall be deemed desirable.
G. 
The area to the front of the building shall be landscaped with a mixture of shrubs and hedges with a minimum of four such elements provided for each ground floor unit. Two shade trees per first floor unit shall be planted along the perimeter of the building.
H. 
Maximum building height may be increased up to an additional 10 feet provided the required front setback is increased in an amount equal to 1/2 the increase in height, and provided the structure is not more than three stories.
I. 
At least 40% of the development site shall be devoted to common open space. Such required open space shall be in addition to any dedicated parklands and/or fees in lieu thereof. One-half of the open space shall be landscaped as a landscape buffer (this shall be in addition to any other required landscaping) and shall be spread throughout the development. For the purposes of this section, the yard area between ground floor units and the parking lot, and a 20 feet long by the width of the ground floor unit shall not be considered open space. The location, design, ownership and maintenance of such common open space shall be subject to the requirements of this chapter, and Chapter 435, Subdivision and Land Development.
J. 
Townhouse requirements shall include:
(1) 
At least 30% townhouses shall be at the end of their grouping. No more than 40% of the total number of townhouse groupings shall contain more than six units, and in no case shall any building contain more than 10 units.
(2) 
No grouping shall exceed an overall length of 200 feet.
(3) 
Forty percent of the townhouse fronts shall be staggered from the remaining fronts within a building a minimum of two feet.
(4) 
Each townhouse shall have a private space created through landscaping, fencing or other architectural elements at the rear or side of the unit of at least 200 square feet in area. At least 150 square feet of said space shall be surfaced with durable hard material, such as stone, brick, concrete, or wood.
(5) 
Each townhouse shall have an attached storage area, a minimum of 40 square feet, incorporated into the design of the unit, and accessible from the exterior of the unit.
K. 
Multiple-family dwelling requirements shall include:
(1) 
A multiple-family dwelling shall contain a maximum of 50 dwelling units.
(2) 
A multiple-family dwelling shall not be less than 60 feet or more than 240 feet in length.
(3) 
Forty percent of building exterior shall be varied or staggered for setbacks or alignment.
(4) 
Each dwelling unit shall be provided a minimum of 96 cubic feet of storage area in an enclosed room which shall be capable of being locked. All such facilities shall be located in an area which has direct access to a street or driveway.
(5) 
Each dwelling unit shall have a private or shared space created through architectural elements or landscaping and fencing at least 200 square feet in area. The space may include balconies, patios and porches and include shared spaces internal or external to the structure, specifically designated for leisure activity by the dwelling unit(s) and its guests.
L. 
Sidewalks shall connect pedestrian destinations, such as building fronts, mailbox pedestals, and adjacent developments.
M. 
A forty-foot landscape screen along public or private street rights-of-way is required when the townhouse rear fronts said public or private street right-of-way.
N. 
On-street (or access drive) parking, where provided, shall be designed as parallel parking spaces.
A nightclub or tavern is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
Buildings shall be set back 200 feet from any AC, RA, RS-1, or RS-2 Zone, or residential use.
B. 
The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, light, and/or litter.
C. 
All structures and parking facilities/access drives and aisles on the subject property shall be screened from view from any adjacent residential use with a twenty-foot landscape screen. Screening shall meet the requirements of this chapter and Chapter 435, Subdivision and Land Development.
D. 
The applicant shall furnish expert evidence as to how the use will be controlled so as to not constitute a nuisance due to noise or loitering outside the building.
E. 
A working plan for the cleanup of litter shall be furnished and implemented by the applicant.
A. 
The following specifies the maximum number of animals that may be kept. The keeping of a combination of animal types (Groups 1, 2 and 3) shall require an animal density equal to the ratio of the number of animals, by type.
(1) 
Group 1. Animals (excluding fish) whose average adult weight is less than 10 pounds but more than 12 ounces.
(2) 
Group 2. Animals whose average adult weight is between 10 and 85 pounds.
(3) 
Group 3. Animals whose average adult weight is greater than 85 pounds.
Zones
AC, RA
RS-1, RS-2, RS-3
Density by group
Group 1
12 per acre
50 max.
10 per acre
30 max.
Group 2
3 per acre
20 max.
3 per acre
12 max.
Group 3
1 per acre
10 max.
1 per 2 acres
8 max.
Housing structure setbacks1
Group 1, up to 4 animals
25 feet
25 feet
Group 1, over 4 animals
50 feet
50 feet
Group 2, up to 2 animals
25 feet
25 feet
Group 2, over 2 animals
50 feet
50 feet
Group 3, up to 2 animals
50 feet
50 feet
Group 3, over 3 animals
75 feet
75 feet
NOTES:
1
Setbacks from all property lines. Should one structure be used to house a combination of animal types, the most restrictive setback shall apply.
B. 
All structures used to house noncommercial livestock shall be prohibited from placement between the front of the principal building (as determined by the Zoning Officer) and the street or access right-of-way.
C. 
All animal wastes shall be properly stored and disposed of and set back 50 feet minimum from property lines, so as not to be objectionable at the site's property line. All animals, their housing, and their outdoor pasture/recreation areas shall be properly maintained so as not to become a nuisance to adjoining properties.
D. 
All animals must be contained on the subject property at all times.
E. 
Roosters are prohibited in the RS-1, RS-2, and RS-3 Districts on lots less than one acre.
An offtrack betting parlor is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
An offtrack betting parlor shall not be permitted to be located within 1,000 feet of any other offtrack betting parlor.
B. 
No offtrack betting parlor shall be located within 300 feet of any AC, RA, RS-1, RS-2, RS-3, or MU-1 Zone, or existing residential use.
C. 
No offtrack betting parlor shall be located within 600 feet of any parcel of land which contains any one or more of the following specified land uses:
(1) 
Amusement park;
(2) 
Camp (for minors' activity);
(3) 
Church or other religious institution;
(4) 
Park;
(5) 
Playground; and
(6) 
School.
D. 
The distance between any two offtrack betting parlors shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of each establishment. The distance between any offtrack betting parlor and any land use specified above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior property line of the offtrack betting parlor to the closest point on the property line of said land use.
E. 
No more than one offtrack betting parlor may be located within one building or shopping center.
F. 
The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, light and/or litter.
G. 
The applicant shall furnish expert evidence as to how the use will be controlled so as to not constitute a nuisance due to noise or loitering outside the building.
H. 
A working plan for the cleanup of litter shall be furnished and implemented by the applicant.
I. 
All offtrack betting parlors shall comply with state law.
Open space or common open space, particularly perimeter buffer yards, containing existing attractive or unique natural features, such as streams, creeks, ponds, woodlands, specimen trees and other areas of mature vegetation worthy of preservation, may be left unimproved and in a natural state. As a general principle, the preservation of undeveloped open space in its natural state or as existing farms is encouraged. A developer may make certain improvements, such as the cutting of trails for walking or jogging, and the provision of picnic areas. Protected open space land in all subdivisions shall meet the following standards:
A. 
The following uses are permitted in open space areas:
(1) 
Conservation of open land in its natural state (for example, woodland, fallow field, or managed meadow).
(2) 
Agricultural and horticultural uses, including raising crops or livestock, wholesale nurseries, associated buildings, excluding residences that are specifically needed to support an active, viable agricultural or horticultural operation. Specifically excluded are commercial livestock operations involving swine, poultry, mink, and other animals likely to produce highly offensive odors.
(3) 
Pastureland for horses. Equestrian facilities shall be permitted but may not consume more than 80% of the minimum required open space land.
(4) 
Forestry, in keeping with established best management practices for selective harvesting and sustained yield forestry.
(5) 
Neighborhood open space uses, such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses specifically excluding motorized off-road vehicles, rifle ranges, and other uses similar in character and potential impact.
(6) 
Active noncommercial recreation areas, such as playing fields, playgrounds, courts, and bikeways, provided such areas do not consume more than 25% of the minimum required open space land. Playing fields, playgrounds, and courts shall not be located within 100 feet of abutting properties. Parking facilities for the same shall also be permitted, but not counted as open space, and they shall generally be gravel-surfaced, unlighted, properly drained, provide safe ingress and egress, and meet all other parking space requirements in accordance with Carroll Township's Subdivision and Land Development Ordinance.
(7) 
Golf courses, excluding their parking areas and associated structures, may comprise up to 80% of the minimum required open space land, but shall not include miniature golf.
(8) 
Water supply and stormwater detention areas that are not restricted from access and are designed, landscaped, and available for use as an integral part of the open space.
(9) 
Drainage easements, underground and aboveground utility rights-of-way and easements may traverse conservation areas, but the easement area associated with the utility shall not count toward the minimum required open/common open space land.
(10) 
Wetlands, floodways, stream channels, floodplains, wet soils, swales, springs and other lowland areas, slopes in excess of 25% and natural features or a combination thereof, that would render the land unusable for above permitted uses shall not exceed 50% of the minimum required common open space.
(11) 
Land included within the right-of-way lines of streets, required setbacks between buildings, street parking areas, and areas set aside for public facilities shall not be classified as open or common open space.
(12) 
Restricted and fenced areas shall not be counted as open space, except as allowed in this section.
(13) 
Sewage disposal areas shall not be counted as open space.
B. 
Open space design standards.
(1) 
An open space or common open space plan shall be provided consistent with this section with each proposed development proposing open space or common open space.
(2) 
The required open space land shall consist of both primary conservation areas (PCAs), all of which must be included, and secondary conservation areas (SCAs).
(3) 
Open space lands shall remain undivided. In no case shall less than 25% of the land comprising the adjusted tract area be available for the common use and passive enjoyment of the subdivision residents.
(4) 
Buffers for adjacent public parkland. Where the proposed development adjoins public parkland, a natural open space buffer at least 150 feet deep shall be provided within the development along its common boundary with the parkland, within which no new structures shall be constructed, nor shall any clearing of trees or understory growth be permitted (except as may be necessary for trail construction). Where this buffer is unwooded, the Board of Supervisors will require vegetative screening to be planted, or that it be managed to encourage natural forest succession through "no-mow" policies and the periodic removal of invasive alien plant and tree species.
(5) 
Greens, commons and squares shall have a minimum area of 0.25 acres and a maximum area of 0.75 acres. A village green shall preferably be surrounded by roads or, at a minimum, abut a road on at least one side for a length equal to 25% of its circumference.
(6) 
A method of delineating private lots from common open space areas shall be provided. Such method may include shrubbery, trees, markers or other methods acceptable to the municipality.
(7) 
Not more than 33% of open space shall be used for stormwater management, conforming with this section.
C. 
Other requirements.
(1) 
No portion of any building lot may be used for meeting the minimum required open space land, except as permitted within estate lots. However, active agricultural land with farm buildings, excluding areas used for residences, may be used to meet the minimum required open space land.
(2) 
Common open space shall be substantially free of structures, but may contain such improvements as approved in the development plan that are appropriate to recreational and other open space uses of the land, and shall not include playgrounds, athletic fields or other open space areas of any schools or religious institution to be included within the proposed development.
(3) 
Pedestrian and maintenance access, excluding those lands used for agricultural or horticultural purposes in accordance with §§ 450-201B and 450-202B herein, shall be provided to open space land in accordance with the following requirements:
(a) 
Each neighborhood shall provide one centrally located access point per 15 lots, a minimum of 25 feet in width.
(b) 
Access to open space land used for agriculture may be appropriately restricted for public safety and to prevent interference with agricultural operations.
D. 
Permanent open space protection through conservation easements.
(1) 
In Option 1 and 2 subdivisions.
(a) 
In Option 1 and 2 subdivisions, the open space land shall be subject to permanent conservation easements prohibiting future development and defining the range of permitted activities. Permitted and conditional uses of open space lands shall be in accordance with § 450-354A herein. Easements shall be shown on plan and surety posted for their recordation.
E. 
Ownership and maintenance of open space land and common facilities.
(1) 
Development restrictions. All open space land shall be permanently restricted from future subdivision and development. Under no circumstances shall any development be permitted in the open space at any time, except for those uses listed in § 450-354A.
(2) 
Ownership options. The following methods may be used, either individually or in combination, to own open space areas and associated common facilities. Common facilities shall not be transferred to another entity except for transfer to another method of ownership permitted under this section, and then only when there is no change in the common facilities or in the open space ratio of the overall development. Ownership methods shall conform to the following:
(a) 
Fee-simple dedication to Carroll Township. Carroll Township may, but shall not be required to, accept any portion of the common facilities, provided that:
[1] 
There is no cost of acquisition to Carroll Township; and
[2] 
Carroll Township agrees to and has access to maintain such facilities.
(b) 
Condominium associations. Common facilities may be controlled through the use of condominium agreements. Such agreements shall be in accordance with relevant state law. All open land and common facilities shall be held as common element.
(c) 
Homeowners' associations. Common facilities may be held in common ownership by a homeowners' association, subject to all of the provisions for homeowners' associations set forth in state regulations and statutes. In addition, the following regulations shall be met:
[1] 
The applicant shall provide Carroll Township a description of the organization of the proposed association, including its bylaws, and all documents governing ownership, maintenance, and use restrictions for common facilities;
[2] 
The proposed association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the sale of any dwelling units in the development;
[3] 
Membership in the association shall be automatic (mandatory) for all purchasers of dwelling units therein and their successors in title; and
[4] 
The association shall be responsible for maintenance and insurance of common facilities.
[a] 
The bylaws shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent in his dues. Such dues shall be paid with the accrued interest before the lien may be lifted;
[b] 
Written notice of any proposed transfer of common facilities by the association or the assumption of maintenance for common facilities must be given to all members of the association and to Carroll Township no less than 30 days prior to such event; and
[c] 
The association shall have adequate staff to administer, maintain, and operate such common facilities.
(d) 
Private conservation organization or York County. With permission of Carroll Township, an owner may transfer either fee-simple title of the open space or easements on the open space to a private nonprofit conservation organization or to York County, provided that:
[1] 
The conservation organization is acceptable to Carroll Township and is a bona fide conservation organization intended to exist indefinitely;
[2] 
The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization or York County becomes unwilling or unable to continue carrying out its functions;
[a] 
The open space land is permanently restricted from future development through a conservation easement and Carroll Township is given the ability to enforce these restrictions; and
[b] 
A maintenance agreement acceptable to Carroll Township is established between the owner and the organization or York County.
(e) 
Dedication of easements to Carroll Township. Carroll Township or an authority as it's designee may, but shall not be required to, accept easements for public use of any portion of the common land or facilities. In such cases, the facility remains in the ownership of the condominium association, homeowners' association, or private conservation organization while the easements are held by Carroll Township. In addition, the following regulations shall apply:
[1] 
There shall be no cost of acquisition to Carroll Township;
[2] 
Any such easements for public use shall be accessible to the residents of Carroll Township; and
[3] 
A maintenance agreement shall be reached between the owner and Carroll Township.
(f) 
Noncommon private ownership. Up to 20% of the required open space land may be included within one or more large estate lots of at least 10 acres provided the open space is permanently restricted from future development through a conservation easement, except for those uses listed in § 450-354A, and that Carroll Township is given the ability to enforce these restrictions.
(3) 
Maintenance.
(a) 
Unless otherwise agreed to by the Board of Supervisors, the cost and responsibility of maintaining common facilities and open space land shall be borne by the property owner, condominium association, homeowners' association, or conservation organization.
(b) 
The applicant shall, at the time of preliminary plan submission, provide a plan for maintenance of open space lands and operation of common facilities in accordance with the following requirements.
[1] 
The plan shall define ownership.
[2] 
The plan shall establish necessary regular and periodic operation and maintenance responsibilities for the various kinds of open space (i.e., lawns, playing fields, meadow, pasture, cropland, woodlands, etc.).
[3] 
The plan shall estimate staffing needs, insurance requirements, and associated costs, and define the means for funding the maintenance of the open space land and operation of any common facilities on an ongoing basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs.
[4] 
The applicant shall be required to escrow sufficient funds for the estimated maintenance costs of common facilities for a one year period.
[5] 
Any changes to the maintenance plan shall be approved by the Board of Supervisors.
[6] 
The plan shall, when including stormwater management facilities as an integrated part of the open space area, include any applicable Township or DEP requirements for proper maintenance and operation of stormwater management facilities.
(c) 
In the event that the organization established to maintain the open space lands and the common facilities, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, Carroll Township may assume responsibility for maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended.
(d) 
Carroll Township may enter the premises and take corrective action, including extended maintenance. The costs of such corrective action may be charged to the property owner, condominium association, homeowner's association, conservation organization, or individual property owners who make up a condominium or homeowners' association and may include administrative costs and penalties. Such costs shall become a lien on said properties.
A personal care facility is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
Both public sewer and public water shall be utilized;
B. 
The site shall contain at least two acres;
C. 
All parking areas shall be set back a minimum of 25 feet from all property lines;
D. 
The applicant shall furnish evidence that an approved means of sewage disposal and water supply shall be utilized;
E. 
The maximum overall density shall not exceed the maximum permitted density of the zone in which the facility is located; and
F. 
The facility shall provide proof that all applicable state, county and Township licenses have been obtained.
A personal care home is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
Both public sewer and public water shall be utilized;
B. 
The site shall contain at least 1.0 acres;
C. 
The maximum overall density shall not exceed the maximum permitted density of the zone in which the facility is located;
D. 
All parking areas shall be set back a minimum of 25 feet from all property lines;
E. 
The applicant shall furnish evidence that an approved means of sewage disposal and water supply shall be utilized; and
F. 
The facility shall provide proof that all applicable state, county and Township licenses have been obtained.
A private club is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
Both public sewer and public water shall be used;
B. 
All private clubs shall front on and have access to a public road;
C. 
All off-street parking shall be provided as required by this chapter and is to be set back 30 feet from any adjoining residential zone or use;
D. 
Outdoor recreation/activity areas shall be set back at least 50 feet from any property line;
E. 
A thirty-foot landscape screen shall be provided along any adjoining residential zone or use, in accordance with Article 4 of this chapter; and
F. 
The applicant must furnish evidence as to how the use will be controlled so as not to constitute a nuisance due to noise or loitering outside of the clubhouse, or glare of lighting on adjoining properties and streets.
A public transportation depot is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
The applicant shall submit a traffic impact report in accordance with Chapter 435, Subdivision and Land Development requirements.
B. 
The site shall be designed to minimize queuing of vehicles whereby vehicles would have to intermittently move short distances within the site. Design features such as sawtooth pickup and dropoff areas whereby each vehicle can move independently without waiting for other vehicles shall be utilized.
C. 
The applicant shall present qualified expert evidence as to how the use will provide for the expected demand for needed, off-street parking spaces for the proposed use. In addition, the applicant shall present evidence of the ability to provide additional off-street parking spaces, if demand increases. The applicant shall also present credible evidence that the stacking area provided for public transportation vehicles will be adequate to accommodate the expected demand generated by patrons. Any gates or other barriers used at the entrance to parking areas shall be set back and arranged to prevent vehicle backups onto adjoining roads during peak arrival periods.
D. 
The applicant shall submit for review and approval a plan to minimize idling of diesel-powered vehicles and prohibit the revving of diesel-powered vehicles while not in gear. In general, the plan shall prohibit the idling of diesel engines for periods in excess of five minutes and identify unique conditions where the nonroutine idling for longer periods of time are justified. Once approved, the plan shall be binding and implemented by the applicant. Implementation shall include posting of the requirements of the plan conspicuously on the site.
E. 
The subject property shall have a minimum of 300 feet of road frontage along an arterial or collector road.
F. 
All structures shall be set back at least 50 feet from any street right-of-way line.
G. 
Trash receptacles shall be provided amid off-street parking areas that shall be routinely emptied. Furthermore, a working plan for the regular cleanup of litter shall be furnished and continuously implemented by the applicant.
H. 
Any exterior public address system shall be designed, arranged, and operated so as to be inaudible at the property line of adjoining parcels.
A quarry or other extraction-related operation is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
General quarry operations:
(1) 
Shall be a self-sufficient operation such that each parcel where an extraction-related use operates shall provide all necessary equipment buildings, processing facilities, pits, offices, parking and any other necessary or related facility without need for crossing Township roads at grade;
(2) 
May not substantially injure or detract from the lawful existing or permitted use of neighboring properties;
(3) 
May not adversely affect any public or private water supply source;
(4) 
May not adversely affect the logical, efficient and economical extensions of public services, facilities and utilities throughout the Township;
(5) 
May not create any significant damage to the health, safety or welfare of the Township and its residents and property owners;
(6) 
May not result in the land area subject to quarrying being placed in a condition which will prevent the use of that land for economically and ecologically productive uses upon completion of the quarry operation;
(7) 
Must demonstrate compliance with all applicable state regulations at all times; and
(8) 
Must provide and perpetually implement a dust abatement plan, including, but not limited to, street washing and vacuuming, and water spraying for on-site dust control.
B. 
Site plan requirements. As a part of each application the applicant shall furnish an accurately surveyed site plan in accordance with SALDO requirements, showing the location of the tract or tracts of land to be affected by the operation. The surveyed site plan shall be certified by a registered professional engineer or a registered professional land surveyor with assistance from experts in related fields and shall include the following:
(1) 
The boundaries of the proposed land affected, together with the drainage area above and below the area;
(2) 
The location and names of all streams, roads, railroads, and utility lines on or immediately adjacent to the area;
(3) 
The location of all buildings within 1,000 feet of the outer perimeter of the area affected, and the names and addresses of the owners and present occupants;
(4) 
The purpose for which each building is used; and
(5) 
The name of the owner of the affected area and the names of adjacent landowners, the municipality, and the county.
C. 
Minimum lot area: 100 acres.
D. 
Maximum height of stock or waste piles: 50 feet.
E. 
Landscaping and screening. A fence measuring at least eight feet in height must enclose the area of actual quarrying or extraction. A 100-foot landscape buffer shall be provided along the perimeter of the property, in addition a fifty-foot landscape screen shall be provided toward the interior of the site from the buffer along the perimeter of the property. Where the proposed use adjoins a residential zone, an existing residence and/or a public road, an earthen berm at least 10 feet in height with a minimum of a six-foot top width and sides no steeper than 4:1 shall be provided. Such berm shall be located on the quarry site and placed so as to maximize the berm's ability to absorb and/or block views of, and the noise, dust, smoke, etc., generated by, the proposed use. The berm shall be completely covered and maintained in an approved vegetative ground cover. All landscaping shall meet the requirements of this chapter and Chapter 435, Subdivision and Land Development.
F. 
Setback. The following table identifies minimum setbacks imposed upon specific features of the quarry and other extraction-related uses from adjoining and/or nearby uses:
Quarry-Related Feature
Existing Residential Use
(feet)
Existing Nonresidential Building
(feet)
Adjoining Road
(feet)
Public/Nonprofit Park
(feet)
Cemetery or Stream Bank
(feet)
Adjoining Property
(feet)
Stockpiles or spoil piles (from toe of slope)
300
300
200
300
100
300
Mineral processing equipment (e.g., rushers, sorters, conveyors, dryers, etc.)
500
300
200
300
100
300
Quarry pit (top of natural slope of any excavation)
500
300
200
300
300
300
On-site access roads and off-street parking, loading and vehicle storage and weighing and washing facilities
300
300
200
300
300
300
Other operational equipment, structures and/or improvements
500
300
300
300
100
100
G. 
Access. Vehicular access shall be so arranged as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby properties. Access drives used by trucks shall only intersect with collector or arterial roads.
(1) 
All access drives shall be designed and located so as to comply with Chapter 435, Subdivision and Land Development;
(2) 
Quarries must design and perpetually maintain and use vehicle wash areas for every vehicle leaving the site to prevent dust, mud, or sediment from leaving the site; and
(3) 
All access drives serving the site shall have a paved minimum thirty-five-foot wide cartway for a distance of at least 500 feet from the intersecting street right-of-way line to the vehicle wash area. In addition, a fifty-foot-long clean gravel (open-graded gravel) section of access drive shall be placed and perpetually maintained just prior to the vehicle wash area to help collect any sediment or mud that may have attached to a vehicle's wheels. The owner and/or operator shall be responsible for removing any mud, dust, or sediment from public roads caused by vehicles traveling to and from the site.
H. 
Traffic impact. The applicant shall furnish a traffic impact report prepared by a professional traffic engineer, as outlined in Chapter 435, Subdivision and Land Development.
I. 
Reclamation. The applicant shall demonstrate compliance with Section 7(c) of the Pennsylvania Act No. 1984-219, as may be amended. The applicant shall provide a detailed description of the proposed use of the site, once reclamation has been completed, including a description of any zoning and/or subdivision approvals or remedies that would be necessary to accommodate the proposed use. Finally, the applicant shall provide written notification to the Township within 30 days, whenever a change in the reclamation plan is proposed to PA DEP.
J. 
Operations progress report. Within 90 days after commencement of surface mining operations, and each year thereafter, the operator shall file an operations progress report with the Zoning Officer setting forth all of the following:
(1) 
The name or number of the operation;
(2) 
The location of the operation with reference to the nearest public road;
(3) 
A description of the tract or tracts, including a site plan showing the location of all improvements, stockpile, quarry pits, etc.;
(4) 
The name and address of the landowner or his duly authorized representative;
(5) 
An annual report of the type and quantity of mineral produced;
(6) 
The current status of the reclamation work performed in pursuance of the approved reclamation plan;
(7) 
A maintenance report for the site that verifies that all required fencing, berming and screening has been specifically inspected for needed repairs and/or maintenance and that such needed repairs and/or maintenance have been performed; and
(8) 
Verification that the proposed use continues to comply with all applicable state regulations. The operation shall furnish copies of any approved permits and/or any notices of violation issued by the PA DEP.
K. 
The applicant shall submit an analysis of raw water needs (groundwater or surface water) from either private or public sources, indicating quantity of water required. If the source is from a municipal system, the applicant shall submit documentation that the public authority will supply the water needed.
(1) 
In addition, if the facility is to rely upon nonpublic sources of water, a water feasibility study shall be provided to enable the municipality to evaluate the impact of the proposed development on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on existing wells in the vicinity. The water feasibility shall be reviewed by the Municipal Engineer.
(2) 
A water use proposing a water system which does not provide an adequate supply of water for the proposed development, considering both quantity and quality, or does not provide for groundwater recharge ample to supply its demand, considering the water withdrawn by the proposed development, shall not be approved by the municipality.
(3) 
A water feasibility study shall include the following information:
(a) 
All information required for well feasibility studies as required in Chapter 435, Subdivision and Land Development;
(b) 
Calculations of the projected water needs;
(c) 
A geologic map of the area with a radius of at least one mile from the site;
(d) 
The location of all existing and proposed wells within 1,000 feet of the site, with a notation of the capacity of all high-yield wells;
(e) 
The location of all existing on-lot sewage disposal systems within 1,000 feet of the site;
(f) 
The location of all streams within 1,000 feet of the site and all known point sources of pollution;
(g) 
Based on the geologic formation(s) underlying the site, the long-term safe yield shall be determined;
(h) 
A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams, and the groundwater table; and
(i) 
A statement of the qualifications and the signature(s) of the person(s) preparing the study.
A recycling dropoff facility shall be permitted as provided in Article 2 herein and subject to the following criteria:
A. 
This use shall not be bound by the requirements for recycling processing facilities.
B. 
All materials shall be kept in closed containers, with appropriate sanitary measures and frequent enough emptying to prevent the attraction of insects or rodents and to avoid fire hazards.
C. 
Adequate provision shall be made for movement of trucks if needed and for off-street parking.
D. 
A fifty-foot-wide landscape buffer shall be provided between this use and any abutting residential use.
E. 
This use may constitute a principal use or an accessory use (including an accessory use to a commercial use, an industrial use, a public or private primary or secondary school, a house of worship or a Township or municipal use) subject to the limitations of this section.
F. 
Materials to be collected shall be of the same character as the following materials: paper, fabric, cardboard, plastic, metal, aluminum, and glass. No garbage shall be stored as part of the use, except for that generated on-site and that accidentally collected with recyclables. Only materials clearly being actively collected for recycling may be stored on-site.
G. 
The use shall only include the following operations: collection, sorting, baling, loading, weighing, routine cleaning, and closely similar work. No burning or land filling shall occur. No mechanical operations shall routinely occur at the site other than operations, such as baling cardboard.
A recycling processing facility shall be permitted as provided in Article 2 herein and subject to the following criteria:
A. 
There shall be no outdoor storage of materials processed, used or generated by the facility. When vehicles are not entering or exiting the facility, doors used to access indoor storage shall be maintained in the closed position, completely securing the facility.
B. 
The applicant shall offer expert testimony to demonstrate adequate provisions will be taken to prevent the attraction of insects or rodents and to avoid fire hazards and measures used to mitigate problems associated with noise, dust, fumes, and litter.
C. 
Loading and unloading facilities shall not be located on any side of the building facing a residential use.
D. 
A 300-foot wide buffer yard, preceded with a thirty-foot landscape screen in accordance with this chapter and Chapter 435, Subdivision and Land Development, shall be provided between this use and any abutting residential use or zone, in all other circumstances a 100-foot landscape buffer is required along the perimeter of the use.
E. 
No garbage shall be stored as part of the use, except for that generated on-site and that accidentally collected with recyclables. Only paper, glass, plastics, and metals which are clearly capable of being recycled may be processed on-site.
F. 
All operations, including collection, shall be conducted within a completely enclosed building.
G. 
No burning or land filling shall occur.
H. 
Except within the C/I Zones, the use shall not include the collection or pressing of pieces of metal that have a weight greater than 50 pounds.
I. 
The use shall include the storage of a maximum of 50 tons of materials on the site if the use is within a within 500 feet of an existing residential use.
J. 
The applicant shall provide and perpetually implement a plan for the cleaning up and control of litter.
A temporary residential real estate sales trailer is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
The temporary residential real estate sales trailer shall be placed on its own lot and shall meet all required minimum setbacks.
B. 
A stone driveway and parking area shall be provided and maintained.
C. 
The temporary residential real estate sales trailer must be removed within 12 months of recording the final plan.
D. 
Financial security in a form acceptable to the Township in an amount determined by the Township not to exceed $7,500 to guarantee removal of the temporary residential real estate sales trailer.
E. 
The temporary residential real estate sales trailer must be equipped with a satisfactory and sanitary means of sewage disposal.
F. 
A generator, if desired, must be placed as far as practical from existing residential uses and screened from view with an opaque fence.
G. 
A maximum of two 150W (max.) spotlights may be placed if directed away from existing residential uses.
H. 
The temporary residential real estate sales trailer must have skirting from the trailer bottom to grade.
A restaurant is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
A minimum of four parking spaces are required in addition to any other required parking spaces for any restaurant proposing to conduct or conducting carryout service. (Any parking spaces reserved for carryout service shall not count toward the required minimum parking required for restaurants elsewhere by this chapter.)
B. 
All applications shall include a description of a working plan and perpetually implement said plan for the cleanup of litter.
C. 
Through the use of sidewalk, textured pavement, and pavement markings pedestrian routes shall be provided from parking areas to the building entrance.
A drive-through restaurant is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
The design shall minimize conflicts between pedestrians and vehicles in the drive-through.
B. 
Exterior trash receptacles shall be provided and routinely emptied so as to prevent the scattering of litter. All applications shall include a description of a working plan and perpetually implement said plan for the cleanup of litter.
C. 
Any exterior speaker/microphone system shall be arranged and/or screened to be inaudible on adjoining properties.
D. 
All exterior seating/play areas shall be completely enclosed by a minimum three-foot high fence.
E. 
No part of the subject property shall be located within 200 feet of any AC, RA, RS-1, or RS-2 Zone.
F. 
A thirty-foot landscape screen shall be provided along any adjoining residential use or zone, in accordance with this chapter and Chapter 435, Subdivision and Land Development.
G. 
Each drive-through lane shall have a dedicated lane with a minimum of 40 feet between order location and the pickup window and a total of 200 feet of on-site stacking preceding the order location.
A retail drive-through service is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
The design shall minimize conflicts between pedestrians and vehicles in the drive-through.
B. 
Exterior trash receptacles shall be provided and routinely emptied so as to prevent the scattering of litter. All applications shall include a description of a working plan and perpetually implement said plan for the cleanup of litter.
C. 
Any exterior speaker/microphone system shall be arranged and/or screened to be inaudible on adjoining properties.
D. 
A thirty-foot landscape screen shall be provided along any adjoining residential use or zone, in accordance with this chapter and Chapter 435, Subdivision and Land Development.
E. 
Each drive-through lane shall have a dedicated lane with a total of 100 feet of on-site stacking preceding the order or service area.
A riding stable is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
Minimum lot area: 10 acres.
B. 
Any structure used for the boarding of horses shall be set back at least 200 feet from any property line.
C. 
All stables shall be maintained so to minimize odors perceptible at the property line.
D. 
All outdoor training or show facilities or areas shall be set back 50 feet from all property lines.
E. 
All outdoor training, show, riding, boarding, or pasture areas shall be enclosed by a minimum four-foot-high fence.
F. 
The applicant must implement and maintain a manure management plan at all times.
A roadside stand is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
A roadside stand, as an accessory use to a farm, for the sale of agricultural products grown on the premises, provided any such building does not exceed 1,000 square feet in floor area, and must be located more than 10 feet from the front street right-of-way line and must have adequate off-street parking and a driveway meeting minimum sight distance requirements. Also, a maximum of two signs will be permitted and shall not exceed 15 square feet in total area, nor exceed a maximum height of eight feet.
A sawmill or firewood processing facility is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
Minimum lot area: 10 acres.
B. 
For a sawmill, all cutting, sawing, grinding, or other processing shall be conducted within a completely-enclosed building.
C. 
No material shall be deposited or stored, and no building or structure shall be located within 200 feet of any property line and 500 feet of any property within an RS-1, RS-2, or RS-3 Zone.
D. 
Any external area used for the unloading, transfer, storage, or deposition of material must be completely screened from view at the property line by using a thirty-foot-wide landscape screen.
E. 
All uses shall provide sufficiently long stacking lanes into the facility, so that vehicles waiting will not back up onto public roads.
F. 
All access drives onto the site shall be paved for a distance of at least 200 feet from the street right-of-way line. In addition, if portions of on-site access drives are unpaved, then a fifty-foot-long clean gravel section of driveway shall be placed and maintained just beyond the preceding 200-foot paved section to help collect any mud that may have attached to a vehicle's wheels. The owner and/or operator shall be responsible for removing any mud from public roads caused by persons traveling to and from the site.
G. 
The hours of operation and site activities shall be limited to 7:00 a.m. to 9:00 p.m., Monday through Friday, and 8:00 a.m. to 9:00 p.m. on Saturday. (Operation and site activities shall include, but not be limited to, deliveries, vehicles starting or arriving on-site, use of backup beepers and radios, starting or running of equipment, moving of materials, use of tools, etc.)
A public or private school (excluding vocational and mechanical trade schools) is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
Minimum setback. The minimum front, side and rear setbacks shall be 100 feet.
B. 
Maximum coverage: 25%.
C. 
No parking area shall be permitted within the required setbacks.
D. 
All buildings shall be set back at least 100 feet from any adjoining land within a residential zone or use.
E. 
A thirty-foot landscape buffer is required along the perimeter of the site.
F. 
If education is offered below the college level, an outdoor play area shall be provided. Off-street parking lots shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and must be set back 25 feet from all property lines. Outdoor play areas shall be completely enclosed by a minimum four-foot-high fence and screened from adjoining residentially zoned properties.
G. 
Enrollment shall be defined as the largest number of students on the site at any one time during a seven-day period.
H. 
Passenger dropoff and pickup areas shall be provided and arranged so that students do not have to cross traffic lanes on or adjacent to the site.
I. 
The applicant shall demonstrate the availability of adequate water supply and sewage disposal.
A senior residential campus is permitted as provided in Article 2 herein, the Housing for Older Persons Act of 1995 (HOPA) and subject to the following criteria:
A. 
The campus shall primarily serve the needs of retirement-aged persons, or persons with some disability that can be managed within a setting like the senior residential campus.
B. 
HOPA requirements used in determining whether housing qualifies as housing for older persons include, but are not limited to, the following:
(1) 
At least 80% of the units are occupied by at least one person 55 years of age or older;
(2) 
There is publication of and adherence to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older; and
(3) 
The housing complies with regulations declared by PHRC for verification of occupancy.
C. 
The minimum land area devoted to the campus shall be 10 contiguous acres.
D. 
The maximum permitted overall density shall not exceed the maximum permitted density of the zone in which the facility is to be located.
E. 
At least 30% of the development site shall be devoted to common open space.
F. 
Indoor and outdoor recreational and social use facilities shall be provided on-site.
G. 
All buildings or structures containing nonresidential use(s), off-street parking lots and loading areas shall be set back at least 75 feet from all adjoining residentially zoned lots or use and 50 feet from all lot lines of the campus property.
H. 
All buildings or structures used solely for residential purposes shall be set back at least 50 feet from all lot lines of the campus property.
I. 
Only those uses which provide a mix of senior, residential, limited commercial and recreational uses, primarily serving campus residents, and public, quasi-public and medical services for the off-campus retirement-aged community will be permitted. As permitted in the underlying district, uses may include, but need not be limited to, the following:
(1) 
Single-family detached and single-family semidetached residential facilities shall meet all minimum living area size requirements and the underlying district requirements, but may use the following allowances and shall meet the following requirements:
(a) 
A minimum of 30% of all single-family dwellings shall be single-family detached;
(b) 
A minimum of 30% of all single-family dwellings shall be one- or one-and-one-half-story massing with a minimum of two bedrooms, two bathrooms and a laundry room mandated on the first floor and no more than one bedroom being permitted on the upper 1/2 story of a dwelling;
(c) 
Minimum residential side yard may be reduced to 7.5 feet;
(d) 
Single-family residential lot width may be reduced to 45 feet at minimum required building line;
(e) 
Each dwelling shall have a private space created through landscaping, fencing or other architectural elements at the rear or side of the unit of at least 150 square feet in area. At least 100 square feet of said space shall be surfaced with durable hard material, such as stone, brick, concrete, or wood;
(f) 
Shall include a covered front porch of at least 72 square feet; and
(g) 
Shall include two parking spaces for each dwelling.
(2) 
Townhouse units (single-family attached) residential facilities shall meet all minimum living area size requirements and the underlying district requirements, but may use the following allowances and shall meet the following requirements:
(a) 
A minimum of 30% of all single-family attached dwellings shall have a minimum of one bedroom and a laundry room mandated on the first floor of a dwelling;
(b) 
Each dwelling shall have a private space created through landscaping, fencing or other architectural elements at the rear or side of the unit of at least 150 square feet in area. At least 100 square feet of said space shall be surfaced with durable hard material, such as stone, brick, concrete, or wood;
(c) 
Shall include a covered front porch of at least 72 square feet; and
(d) 
Shall include two parking spaces for each dwelling.
(3) 
Multiple-family dwelling shall meet all minimum living area size requirements and the underlying district requirements and may use the following allowances and shall meet the following requirements:
(a) 
A multiple-family dwelling shall contain a maximum of 20 dwelling units.
(b) 
Multiple-family dwelling shall not be less than 60 feet or more than 240 feet in length.
(c) 
The end walls of adjacent multiple-family dwellings shall be separated by at least 1 1/2 times the height of the taller building.
(d) 
The width of the space between the front and rear facades of multiple-family dwellings shall be at least 2 1/2 times the height of the taller building.
(e) 
Lockers or storage areas. Each dwelling unit shall be provided a minimum of 96 cubic feet of storage area in an enclosed room which shall be capable of being locked. All such facilities shall be located in an area which has direct access to a street or driveway.
(f) 
Shall include two parking spaces for each dwelling, within 150 feet of each dwelling for which the parking space is to be used.
(g) 
Buildings shall be designed so as to avoid unvaried patterns of construction or repetitive spaces between the buildings.
(4) 
Medical facilities which are subordinate to the residential/medical character of the campus and which serve the residents and employees of, or visitors to, the center, including offices, laboratories, clinics, professional or paramedical training centers, and ambulatory care facilities.
(5) 
Commercial uses which are subordinate to the residential/medical character of the campus, and which serve the residents and employees of, or visitors to, the center. The uses shall meet the requirements of the underlying zone.
(6) 
Storage facilities that are strictly related to and subordinate to the residential character of the campus, and which serve only the residents and facilities.
(7) 
Recreational and social uses, such as athletic facilities, passive recreation, community centers, and assembly halls, shall be provided and available for use by campus residents, employees, and their guests. These facilities may be made available to the public. Accessible sidewalks and walkways shall connect pedestrian destinations, such as building fronts, mailbox pedestals, recreational facilities and adjacent developments.
J. 
All dwellings, buildings and structures shall have accessible entrances.
K. 
A landscaping plan for the entire tract shall be required. The plan shall be prepared by a qualified professional.
L. 
A property owners' association or management company shall be formed with all rights and responsibilities to provide:
(1) 
Ownership of open space, commercial, medical, recreational and storage facilities;
(2) 
Uniform maintenance of all streets, external private facades, yards, driveways, sidewalks, common space and all landscaping; and
(3) 
Regular inspection and uniform maintenance of life, safety and structural (LSS) components for all included dwellings.
M. 
The applicant shall furnish a description of the effect of the proposed use on the delivery of emergency and ambulance service. This description shall be forwarded to the agencies responsible for emergency and ambulance service in the site's vicinity for comments regarding the adequacy/inadequacy of existing facilities and services to accommodate the proposed use and any suggestions that might enhance emergency and ambulance service. Should it be determined that the proposed use would overburden local emergency and ambulance service, the Township may attach conditions of approval that seek to assure adequate levels of service.
A septage compost processing operation is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
Any processing, loading, storage, and packaging operations must be conducted within a completely enclosed building that is leakproof and vectorproof.
B. 
The applicant must demonstrate compliance and continue to comply with all applicable state and federal standards and regulations.
C. 
A 500-foot landscape buffer is required from any adjoining residential use or zone. A 200-foot landscape buffer is required from all roads and nonresidential adjoining properties.
D. 
All uses shall provide sufficiently long stacking lanes into the facility, so that vehicles waiting will not back up onto public roads.
E. 
All access ways and loading/unloading areas within the site shall be paved.
F. 
The unloading, processing, and transfer of septage and septage compost shall be continuously supervised by a qualified facility operator.
G. 
Any leachate shall be disposed of in a manner in compliance with any applicable state and federal laws or regulations. If leachate is to be discharged to a municipal sewage facility, appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with the PA DEP regulations.
H. 
The applicant shall submit an analysis of raw water needs (groundwater or surface water) from either private or public sources, indicating quantity of water required. If the source is from a municipal system, the applicant shall submit documentation that the authority will supply the water needed.
(1) 
In addition, a water feasibility study will be provided to enable the municipality to evaluate the impact of the proposed development on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on existing wells in the vicinity. The water feasibility shall be reviewed by the Township Engineer.
(2) 
A water system which does not provide an adequate supply of water for the proposed development, considering both quantity and quality, or does not provide for adequate groundwater recharge considering the water withdrawn by the proposed development shall not be approved by the municipality.
(3) 
A water feasibility study shall include the following information:
(a) 
Calculations of the projected water needs;
(b) 
A geologic map of the area with a radius of at least one mile from the site;
(c) 
The location of all existing and proposed wells within 1,000 feet of the site and all known point sources of pollution;
(d) 
Based on the geologic formation(s) underlying the site, the long-term safe yield shall be determined;
(e) 
A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams and the groundwater table;
(f) 
A statement of the qualifications and the signature(s) of the person(s) preparing the study; and
(g) 
The study shall meet all requirements of Chapter 435, Subdivision and Land Development.
I. 
The applicant shall provide the design for and perpetually implement an air filtration system so that the odors from the facility will not be noticeable at the property lines.
J. 
The applicant shall provide an analysis of the physical conditions of the primary road system serving the proposed use. The analysis shall include information on the current traffic flows on this road system and projections of traffic generated by the proposed use. Improvements to the road network shall be provided by the applicant to ensure safe turning movements to and from the site and safe through movement on existing roads and shall demonstrate that the existing roads are capable of supporting the increased truck traffic. If roads are weight restricted, then the roads must be reconstructed to be structurally sufficient to handle anticipated truck traffic.
K. 
All ventilation outlets must be oriented away from any land within a residential zone.
An indoor shooting range is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
A development plan shall identify the safety fan for each firing range. The safety fan shall include the area necessary to contain all projectiles, including direct fire and ricochet. The safety fan configuration shall be based upon qualified expert testimony regarding the trajectory of the bullet and the design effectiveness of berms, overhead baffles, or other safety barriers to contain projectiles to the safety fan.
B. 
The applicant shall present expert testimony to establish that sufficient soundproofing shall be provided to render the sound of discharge of any firearm inaudible when outside the building in which the indoor shooting range is located.
C. 
All operations shall be conducted in accordance with PA state law.
An outdoor shooting range is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
A development plan shall identify the safety fan for each firing range. The safety fan shall include the area necessary to contain all projectiles, including direct fire and ricochet. The safety fan configuration shall be based upon qualified expert testimony regarding the trajectory of the bullet and the design effectiveness of berms, overhead baffles, or other safety barriers to contain projectiles to the safety fan.
B. 
The sides and rear of the firing range, including the entire safety fan, shall be enclosed with a six-foot-high nonclimbable fence to prevent unauthorized entry into the area. Range caution signs with eight-inch-tall, red letters on a white background shall be posted at a maximum of fifty-foot intervals around the range perimeter. Signs shall read "SHOOTING RANGE AREA. KEEP OUT!"
C. 
All surfaces located within the safety fan, including the backstop, overhead baffles, berms, and range floor, shall be free of hardened surfaces, such as rocks or other ricochet-producing materials.
D. 
The applicant shall present credible evidence that the sounds of shooting in the nearest residential zone does not exceed the ambient noise level.
E. 
The range boundaries must be at least 500 feet from any property or street line and also located at least 1,000 yards from the nearest existing residential dwelling that is not on the same property and/or within 1,000 yards of the nearest RS-1, RS-2, RS-3, MU-1, or MU-2 Zone. The range boundaries will be determined as a 150 yard radius from each of the stands.
F. 
Hours of operation shall be consistent with State Game Lands Shooting Range Regulations, as amended.
G. 
All operations shall be conducted in accordance with PA state law.
A shopping center is permitted as described in this chapter and subject to the following criteria:
A. 
The subject property shall front on an "arterial or major collector road" as defined in the Northern York County Comprehensive Plan, and all access drives shall be set back at least 400 feet from the intersection of any street right-of-way lines. No vehicular access to the subject property shall be located within 800 feet of the intersection of an entrance or exit ramp of PA Route 15 with an adjoining road unless said access drive does not occur on the road intersecting with the entrance or exit ramp. Access drives must align with any street, access drive, or driveway in the area opposite the site.
B. 
A "shopping center," as defined herein, with over 100,000 square feet of gross floor area shall provide a minimum of 10% interior landscaping as described in this chapter.
C. 
In addition to vehicular access to the property, the applicant shall be required to design and construct pedestrian linkages with adjoining tracts. Such pedestrian linkages shall be located so as to provide safe and convenient access to the shopping center from the nearby areas.
D. 
Any shopping center must provide an improved bus stop which would be conveniently accessible for patrons who would travel to and from the site by bus. Such bus stop must be provided, even if current bus service is unavailable along the subject property. Such bus stop shall include a shelter, seating, a waste receptacle, and at least one shade tree.
E. 
A traffic impact study shall be submitted by the applicant in accordance with Chapter 435, Subdivision and Land Development, and shall include an analysis of the interior of the shopping center site.
Convenience stores and restaurants shall be required to calculate and provide parking spaces independent of the overall shopping center.
F. 
The proposed shopping center design shall comply with the applicable regulations contained within the following table unless more stringent regulations are found elsewhere in this chapter:
Shopping Center Design Requirements
Required Minimum Yard Setbacks
Use
Minimum Required Lot Width
(feet)
Minimum Required Lot Depth
(feet)
Front, as Measured from Street ROW
One Side**
Both Sides**
Rear
Minimum Required Setback from Either Residential Zone or Use as Specified Below*
Shopping center, as defined herein, with up to 50,000 square feet of gross floor area
250, at the building setback line
250
35 feet for buildings and structures (except permitted signs); 20 feet for off-street parking; off-street loading or dumpsters are required to be placed between the rear wall of the building and the rear property line. (The rear wall shall be the wall closest to the rear property line.)
50 feet for buildings and structures (except permitted signs); 15 feet for off-street parking and loading spaces and dumpsters
50 feet for buildings and structures (except permitted signs); 30 feet for off-street parking and loading spaces and dumpsters
25 feet for all buildings, structures, off-street parking and loading spaces and dumpsters
50 feet for buildings, structures, off-street parking and loading spaces and dumpsters for both residential zone and a residential use outside of a residential zone
Shopping center, as defined herein, with between 50,000 and 100,000 square feet of gross floor area
300, at the building setback line
500
50 feet for buildings and structures (except permitted signs); 25 feet for off-street parking; off-street loading or dumpsters are required to be placed between the rear wall of the building and the rear property line. (The rear wall shall be the wall closest to the rear property line.)
60 feet for buildings and structures (except permitted signs); 20 feet for off-street parking and loading spaces and dumpsters
60 feet for buildings and structures (except permitted signs); 40 feet for off-street parking and loading spaces and dumpsters
30 feet for all buildings, structures, off-street parking and loading spaces and dumpsters
100 feet for buildings, structures, off-street parking and loading spaces and dumpsters for residential zone, and 50 feet for buildings structures, off-street parking, loading spaces and dumpsters for a residential use outside of a residential zone
Shopping center, as defined herein, over 100,000 square feet of gross floor area
500, at the building setback line
750
100 feet for buildings and structures (except permitted signs); 40 feet for off-street parking; off-street loading nor dumpsters are required to be placed between the rear wall of the building and the rear property line. (The rear wall shall be the wall closest to the rear property line.)
100 feet for buildings and structures (except permitted signs); 25 feet for off-street parking and loading spaces and dumpsters
100 feet for buildings and structures (except permitted signs); 50 feet for off-street parking and loading spaces and dumpsters
40 feet for all buildings, structures, off street parking and loading spaces and dumpsters
200 feet for buildings, structures, off-street parking and loading spaces and dumpsters for residential zone; 50 feet for buildings structures, off-street parking, loading spaces and dumpsters for residential use outside of a residential zone
NOTES:
*
Including adjoining residential zones or uses across a right-of-way. (Residential zones include RS-1, RS-2, RS-3, RA, and AC Zones.)
**
§ 450-419, with regard to side yard elimination when two commercial uses are side-to-side, is to remain in full force and effect.
A short-term rental is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
No more than one short-term rental unit may be located in a structure.
B. 
The applicant shall furnish evidence that there are no restrictions (HOA/deed restrictions) on use of the property as a short-term rental.
C. 
If not on public water, the applicant shall furnish evidence that an approved means of sewage disposal and potable water supply shall be used.
D. 
The applicant shall furnish evidence that an approved means of solid waste or trash disposal shall be used.
E. 
The applicant shall furnish proof of insurance for the use.
F. 
Within all applicable districts, accommodations shall not exceed eight transient occupants.
G. 
Guests shall not stay more than 21 days in any calendar year.
H. 
Short-term rentals shall adhere to the UCC requirements for the use.
I. 
All floors above grade or below grade shall have a permanently affixed direct means of escape to ground level. Any modifications to the external appearance of a building (except fire escapes) shall complement its residential character.
J. 
Off-street parking areas shall be provided behind the setbacks.
K. 
The applicant shall furnish proof of any needed land development approvals.
L. 
The applicant shall apply for a zoning permit which shall identify an emergency contact person, number of units, owner authorization for any required municipal inspections and hotel sales tax documentation.
Townhouses are permitted as provided in Article 2 herein and subject to the following criteria:
A. 
Public sewer and water shall be used.
B. 
At least 30% townhouses shall be at the end of their grouping. No more than 40% of the total number of townhouse groupings shall contain more than six units, and in no case shall any building contain more than 10 units.
C. 
No grouping shall exceed an overall length of 200 feet.
D. 
Forty percent of the townhouse fronts shall be staggered from the remaining fronts within a building a minimum of two feet.
E. 
Each dwelling unit shall be sited on a separated lot whether intended for sale or not.
F. 
For proposed developments, all structures and dumpsters shall be set back at least 50 feet from adjoining property lines. Off-street parking, access drives, and loading shall be set back at least 50 feet from adjoining property lines.
G. 
Buildings shall be setback a minimum of 25 feet from any parking lot, aisle, or access drive on common lands or jointly used through an easement agreement.
H. 
The area to the front of the building shall be landscaped with a mixture of shrubs and hedges with a minimum of four such elements provided per 15 linear feet of dwelling unit. Two shade trees per first floor unit shall be planted along the perimeter of the building.
I. 
All buildings must be set back a minimum of 100 feet from any single-family residential use, and there shall be a thirty-foot landscape buffer along the perimeter where a contiguous single-family residential use exists, constructed and maintained in accordance with this chapter and the Chapter 435, Subdivision and Land Development.
J. 
At least 40% of the development site shall be devoted to common open space. Such required open space shall be in addition to any dedicated parklands and/or fees in lieu thereof. One-half of the area of open space shall be landscaped as a landscape buffer (this shall be in addition to any other required landscaping) and shall be dispersed throughout the site. The location, design, ownership and maintenance of such common open space shall be subject to the requirements of this chapter, and Chapter 435, Subdivision and Land Development.
K. 
Sidewalks shall connect pedestrian destinations, such as building fronts, mailbox pedestals, recreation facilities and adjacent developments.
L. 
Each townhouse shall have a private space created through landscaping, fencing or other architectural elements at the rear or side of the unit of at least 200 square feet in area. At least 150 square feet of said space shall be surfaced with durable hard material, such as stone, brick, concrete, or wood.
M. 
Each townhouse shall have an attached storage area, a minimum of 40 square feet, incorporated into the design of the unit, and accessible from the exterior of the unit.
N. 
On street (or access drive) parking, where provided, shall be designed as parallel parking spaces.
O. 
Maximum building height may be increased up to an additional 10 feet, provided the required front setback is increased in an amount equal to 1/2 the increase in height, and provided the structure is not more than three stories.
Slaughtering, processing, rendering, and packaging of food products and their by-products which are produced from the remains of animals is permitted as a principal use, subject to the provisions of Article 2 herein and the following criteria:
A. 
Minimum lot area: five acres.
B. 
Minimum building setback: refer to requirements of underlying zone.
C. 
All aspects of the slaughtering, processing, rendering, and packaging operation, excepting the unloading and holding of live animals, shall be conducted within a completely enclosed building.
D. 
All live animals held outside shall be within secure holding pens or runways, sufficiently large to accommodate all animals without crowding, and not located within the front yard.
E. 
The applicant shall furnish a working plan for the recovery of escaped animals which minimizes the potential for animals to enter traffic or cross property lines, and which shall be continuously implemented.
F. 
All animal wastes shall be regularly cleaned up and properly disposed of, so as not to be objectionable at the site's property line.
G. 
The unloading of live animals from trucks into holding pens and their movement into the plant shall be continuously supervised by a qualified operator, whose responsibility it shall also be to immediately identify and appropriately dispatch any obviously ill or injured animals.
H. 
The unloading of live animals and their movement into the plant shall be conducted in an orderly and calm manner so as to minimize noise levels.
I. 
The loading and unloading of trucks shall be restricted to the hours between 6:00 a.m. and 9:00 p.m.
J. 
No exterior animal holding pens and/or areas devoted to loading/unloading of animals shall be located within 300 feet of any property line nor 500 feet of any land within a residential zone or use.
K. 
All animal holding pens and/or areas used for the loading/unloading of animals shall be screened from all adjoining properties and shall include a minimum fifty-foot-wide landscape buffer.
L. 
Sewer and water lines shall be installed to minimize the potential for leakage and contamination by maximizing the separation distance between lines and laying sewer lines at greater depth than water lines.
M. 
Wastewater shall be kept completely covered at all times to reduce the potential for release of odors. In no event shall wastewater be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with PA DEP regulations.
N. 
All unusable animal by-products shall be stored indoors in leakproof and vectorproof containers. In the case of slaughtering or processing operations which do not do their own rendering, the applicant shall provide evidence of a written contract with a rendering operation for the daily disposal of such waste products. In no case shall any waste products remain on the site for more than 24 hours.
O. 
The applicant must demonstrate written compliance with, and continue to comply with, all applicable local, state and federal standards and regulations.
P. 
The use shall provide sufficiently long stacking lanes and on-site loading/unloading areas, so that trucks waiting to be loaded/unloaded will not back up onto public roads. No parking or loading/unloading shall be permitted on or along any public road.
Q. 
Vehicular access shall be so arranged as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby properties. Access drives used by trucks shall only intersect with major collector or arterial roads.
R. 
All access drives shall be designed and located so as to comply with this chapter and Chapter 435, Subdivision and Land Development.
S. 
All access drives onto the site shall have a paved minimum thirty-five-foot-wide cartway.
T. 
The applicant shall furnish a traffic impact report prepared by a professional traffic engineer in accordance with Chapter 435, Subdivision and Land Development.
A temporary tent sale operation is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
Maximum area occupied by tent or display of retail goods shall be limited to a continuous area of 1,200 square feet.
B. 
The tent, supports, and appurtenances, and retail displays shall not encroach on any access drive, parking lot aisle, clear sight triangle, and shall not result in an unsafe traffic condition.
C. 
The tent, supports, and appurtenances, and retail displays shall be removed within 15 days of the issuance of the zoning permit.
D. 
No temporary tent sale may be erected on any property (in any location on a property) for more than a total of 45 calendar days, intermittently or consecutively.
E. 
In addition to signs allowed elsewhere in this chapter, a temporary tent sale may erect two sign faces not to exceed a height of eight feet and an area of 25 square feet per face.
A. 
These proposed guidelines are intended to advance the following community goals for TND development within the Township:
(1) 
Encourage new development and redevelopment that provides for traditional town and village character and is compatible with the Township's remaining rural character and development;
(2) 
Allow for compact, visually unified mixed-use developments with a consistent building scale and integrated village greens, open spaces and service oriented commercial uses;
(3) 
Accommodate households of different sizes, ages and incomes by providing a mix of housing styles, types and sizes;
(4) 
Minimize negative impacts of the automobile with an interconnected and broadly rectangular pattern of streets and lanes that offers multiple routes for motorists, pedestrians and bicyclists and provides connections to existing and future developments;
(5) 
Protect and enhance natural and cultural features, including historic resources, scenic viewsheds, natural topography, woodlands, wetlands, stream corridors, steep slopes and prime agricultural soils;
(6) 
Improve the efficiencies of public services and reduce the cost of public infrastructure; and
(7) 
Promote the implementation of the objectives of the Northern York Regional Comprehensive Plan for guiding the location of growth.
B. 
The regulations set forth in this section shall apply to TND developments as permitted elsewhere in this chapter, and no other uses.
C. 
All TND developments shall comply with the following:
(1) 
The minimum parcel area to be eligible to apply for a TND development shall be 70 acres.
(2) 
A TND project shall be developed according to a single overall master plan (OMP) that depicts complete build-out of the TND tract with common authority and responsibility.
(3) 
A TND may be developed in phases, but each phase shall contain a broad mix of residential, commercial, civic and open space uses, consistent with the final mix at build-out and the OMP.
(4) 
The TND shall be connected to a public water supply system and to a public sanitary sewer system.
(5) 
The TND shall be generally consistent with the Northern York Regional Comprehensive Plan and within the growth area.
(6) 
Applications for sites less than 70 acres can be considered by the municipality for redevelopment or in-fill development and when contiguous with or directly across a street from an existing or approved TND and the applicant has demonstrated that their proposal is consistent with this section, and the design of the contiguous TND. Parcels less than 70 acres, zoned commercial, when contiguous with or directly across a street from an existing, proposed or approved TND and when the applicant has demonstrated that their proposal is consistent with this section, and the design of the contiguous TND, said parcel may be included and incorporated into a proposed or existing TND as the neighborhood commercial center either in whole or in part. The burden of proof shall be on the applicant.
D. 
Applicant shall submit an overall master plan (OMP) with an application for a preliminary subdivision or land development plan for the TND.
(1) 
The OMP shall:
(a) 
Show existing features, including, but not limited to: roads; bridges; culverts; railroads; rights-of-way; easements; utilities; and pipelines; and the proposed changes to these features;
(b) 
Show areas and percentage of total land area designated for public recreation land;
(c) 
Show areas and percentage of total land area designated for open space;
(d) 
Show areas designated for stormwater management facilities;
(e) 
Show the designated core neighborhood;
(f) 
Show the general layout of streets, alleys, parking areas, sidewalks and trails. This shall include traffic circulation diagrams demonstrating adequate access for emergency and routine service vehicles to all areas of the proposed TND;
(g) 
Show in general terms how the TND will be served by utility and transportation services;
(h) 
Provide an assessment of the impact of the TND on applicable public school systems;
(i) 
Include documentation showing proposed plan for ownership and perpetual maintenance and protection of open space; and
(j) 
Include typical design details for streets, parking facilities, alleys, sidewalks, trails, public recreation facilities and open space facilities.
(2) 
The OMP shall include a phasing plan and schedule for implementation of the TND. The schedule shall be developed to show:
(a) 
The square footage of nonresidential uses that are to be constructed before 50% of the residential units outside the core neighborhood are constructed.
(b) 
The percentage of residential units outside the core neighborhood that are to be constructed before 25% of the square footage of the nonresidential uses in the core neighborhood is constructed.
(c) 
The square footage of nonresidential uses in the core neighborhood that are to be constructed before 75% of the residential units outside the core neighborhood are constructed.
(d) 
The percentage of residential units outside the core neighborhood that are to be constructed before 75% of the square footage of the nonresidential uses in the core neighborhood is constructed.
(3) 
The OMP shall include a set of proposed architectural standards and guidelines (ASG), to be applied consistently throughout the entire TND.
(a) 
It is not the intent of this chapter to dictate architectural styles. It is recognized that a set of architectural standards and guidelines (ASG) chosen by the applicant and adhered to consistently throughout the TND will enhance the objectives and goals of this chapter. Therefore, the applicant shall choose a set of standards which shall be adhered to consistently throughout the TND and provide the standards in one document and provide the document to the Township.
(b) 
The ASG shall include as a minimum:
[1] 
Building proportions, massing and detailing, setbacks for principal and accessory structures, garage placement and type of garage entry;
[2] 
Building types and architectural style; roof style and pitches; window and door type, size and location materials; front porch type, size and location;
[3] 
Streetscape elements and enhancements at intersections with existing streets, parking areas, context-sensitive streetlights and area lighting, pedestrian features, fencing elements, sidewalks, pedestrian pockets and other elements;
[4] 
A comprehensive sign program and sign design elements for all uses within the TND; and
[5] 
A pedestrian-oriented network that provides pedestrian connections (trails and sidewalks) to all adjacent properties that have pedestrian connection potential and connect trails and sidewalks to existing adjacent trails and sidewalks to create complete pedestrian circulation.
E. 
The TND shall be developed as a mixed-use neighborhood in which residential, commercial, civic and open space uses are within close proximity to one another. The development shall be designed with a mix of housing types and sizes and shall provide a community focal point in the form of a public open space, civic space and/or a retail use. In a TND no building or premises shall be used and no building or part of a building shall be erected, which is arranged, intended or designed to be used, in whole or in part, for any purpose, except as listed below, and all such uses shall be subject to land development plan approval, in accordance with the Chapter 435, Subdivision and Land Development, and those regulations specified elsewhere in this chapter:
(1) 
Residential.
(a) 
Single-family detached dwellings.
(b) 
Accessory apartment units (an apartment located in an accessory structure, or located in the primary structure with mutually exclusive livable areas and provided with a separate entrance).
(c) 
Single-family semidetached dwellings.
(d) 
Two-family dwellings.
(e) 
Single-family attached (townhouse-style) dwellings.
(2) 
Neighborhood commercial center.
(a) 
General use.
[1] 
TNDs shall provide a neighborhood commercial center containing a mix of commercial, residential, civic and open spaces uses.
[2] 
The neighborhood commercial center must be must located within 1/2 mile of 85% of proposed residential uses.
[3] 
No individual commercial use shall exceed 12,000 square feet in gross floor area, and more specifically, no professional, business or administrative office use shall exceed 26,000 square feet in gross floor area.
[4] 
Commercial uses which enable or encourage patrons to remain in their automobiles while receiving goods and services shall not be permitted adjacent to a dwelling unit.
[5] 
Commercial, civic or institutional uses shall comprise a minimum of 50% of the total square footage of the neighborhood commercial center.
(b) 
Commercial uses.
[1] 
Personal services, including beauty and barber shops, shoe repair, tailoring and dressmaking and dry cleaner.
[2] 
Professional, business or administrative offices, such as medical, dental, real estate, bank or other financial institution.
[3] 
Personal fitness center or training or education businesses, including music, art, dance or other cultural pursuits, instruction for individuals and including instrument, art or other directly related sales.
[4] 
Eating establishment, including restaurants, coffee or tea shops, and delicatessens with inside and/or outside table service.
[5] 
Individual retail stores, shops or establishments, including grocery stores, pharmacies, bakery or confectionery stores, bookstores, newsstands, gift shops, bicycle shops, specialty food stores, florists, art galleries, studios and shops of artists and artisans.
[6] 
Child or adult day-care facilities.
[7] 
Bed-and-breakfast inns.
[8] 
Another use which is determined substantially similar to those above by the Zoning Officer.
(c) 
Residential uses.
[1] 
Multiple-family dwellings (apartments).
[2] 
Residential units located on upper floors above commercial uses.
[3] 
Live-work units consisting of a first-floor professional office, photographic, music, art, or dance studio, retail sales, or restaurant use within the same structure as a residential dwelling.
(d) 
Civic or institutional uses.
[1] 
Municipal offices, fire stations, police stations, libraries, museums and post offices.
[2] 
Community meeting facilities.
[3] 
Noncommercial recreation.
[4] 
Transit shelters.
[5] 
Places of worship.
[6] 
Neighborhood schools and licensed education centers.
(e) 
Open space uses.
[1] 
Central green, village green or common.
[2] 
Neighborhood park.
[3] 
Those open space uses as specified elsewhere in this chapter.
(3) 
Single-family detached dwellings shall be dispersed throughout the residential areas of the TND. A minimum of 35% of single-family dwellings shall be located immediately adjacent to or immediately across a street from and facing single-family semidetached, or single-family attached (townhouse style).
(4) 
Not more than 25% of the single-family detached dwellings shall include an accessory apartment.
(5) 
The required number of each residential dwelling type or other permitted use shall be calculated based upon the following percentages of total residential units proposed (unless noted otherwise):
Type of Use
Minimum
Maximum
Single-family detached
20%***
60%
Accessory apartment
0%
10%
Single-family semidetached and two-family
0%
25%
Single-family attached (townhouse style)
0%
40%
Multiple-family
5%
40%**
Live-work units
0%
15%
Neighborhood commercial center*
25%
60%
Civic uses*
5%
25%
NOTES:
(All percentages in this table are based on number of residential units/total number of residential units.)
*
Measured as a percentage of total gross lot area.
**
If all multiple-family units are age restricted then multiple-family maximum may be raised to 60%.
***
Existing or approved single-family detached lots located within 1,000 feet of the neighborhood center may be counted toward satisfying this minimum, provided sidewalk connects said single-family detached lots directly to the neighborhood center.
F. 
The maximum density permitted within a TND is 4.0 dwelling units/acre based on the gross acreage of the tract. The use of one or more design incentives can increase the maximum density permitted to 6.75 dwelling units/acre.
G. 
Designs which incorporate one or more of the following design elements will qualify for a reduction in the required amount of open space or an increase in the maximum permitted density as listed below.
(1) 
Design element. Rear vehicular access and/or garage access via a lane.
(a) 
Incentive. Density increase of 0.25 dwelling units/acre for every 30 dwelling units with design element.
(2) 
Design element: 10% of single-family detached dwellings between 1,200 and 1,600 square feet of livable floor area (excludes garage, basement, etc.) and distributed throughout the residential area.
(a) 
Incentive. Density increase of 0.2 dwelling units/acre for each 10% increment of single-family detached dwelling units with design element, up to 0.6 dwelling units/acre.
(3) 
Design element. Planting of an additional 30 trees beyond ordinance requirements on subject property or on public property as a riparian buffer.
(a) 
Incentive. Density increase of 1.0 dwelling units (total) per 30 additional trees in accordance with Subdivision Ordinance standards, or a reduction in required open space of 0.25 acre (total) per 30 additional trees, up to a maximum of 4.0 dwelling units, or up to one acre reduction of pen space.
(4) 
Design element. Design, permitting, and construction of stream restoration and reforestation to stabilize, naturalize and restore the natural hydrologic functions of a degraded Township stream, using natural and native materials and plants. Design shall be permitted in accordance with the PA DEP and Carroll Township Stormwater Ordinance.
(a) 
Incentive. Density increase of three dwelling units total per 300 feet (minimum) of stream restored, for a maximum of 40 dwelling units.
H. 
Yard requirements (minimum required unless noted otherwise).
(1) 
Residential:
(a) 
Front yard: 10 feet.
(b) 
Side yard: five feet.
(c) 
Rear yard: 20 feet; 26 feet contiguous to lanes.
(2) 
Accessory building:
(a) 
Front yard: no accessory structures nearer the street ROW than the principal structure.
(b) 
Side yard: two feet.
(c) 
Rear yard: five feet; 26 feet where contiguous to lanes.
(3) 
Neighborhood commercial center:
(a) 
Front yard: zero feet minimum and 12 feet maximum for local roads; 25 feet minimum and 45 feet maximum for a collector road; 50 feet minimum for arterial roads (all roads as classified by the Northern York Regional Comprehensive Plan).
(b) 
Side yard: zero feet.
(c) 
Rear yard: 20 feet.
I. 
Building height: 35 feet max.; 65 feet max. within the neighborhood commercial center.
J. 
Minimum residential lot area.
(1) 
Single-family detached: 5,000 square feet.
(2) 
Single-family semidetached and two-family: 3,000 square feet/unit.
(3) 
Single-family attached end of building unit: 3,000 square feet/unit.
(4) 
Single-family attached excluding end of building unit: 2,500 square feet/unit.
(5) 
Multiple-family: n/a.
K. 
Maximum lot coverage: 90% in neighborhood commercial center; 75% elsewhere.
L. 
Residential area design standards.
(1) 
All dwelling units shall be located within a 1/4 mile of a common, green, square, or trail.
(2) 
75% of dwelling units shall directly abut or be situated across a street right-of-way from open space.
(3) 
Except for the allowances within this section, single-family attached (townhouse-style) dwellings shall comply with the requirements for townhouses (single-family attached dwellings) § 450-377 in this chapter.
(4) 
Except for the allowances within this section, multiple-family attached (apartment-style) dwellings shall comply with the requirements for multiple-family dwellings § 450-350 in this chapter.
(5) 
At least one public entrance of each residential principal structure shall be oriented towards the front lot line or street side lot line. Vehicular openings (such as garages and carports) shall not constitute a public opening.
(6) 
Pedestrian access from the public sidewalk, and/or street right-of-way to the front doorway shall be provided via an improved surface.
(7) 
All garages or carports shall be recessed a minimum of 10 feet behind the front facade of the principal structure or required minimum front yard setback, whichever is greater.
(8) 
Not more than two driveways may be located contiguous to each. When the principal structures are each located on their own lots, then each driveway shall remain on its own lot. A landscape buffer 10 feet wide must separate a group of two contiguous driveways from the next driveway or group of two driveways on the same side of the street.
(9) 
An unscreened open air porch, including roof projections (eaves), may extend into the required front yard setback up to eight feet.
(10) 
Where more than one single-family attached or single-family semi-attached building is located on one lot, the following building separation distances apply.
(a) 
Front to front, rear to rear, or front to rear of buildings shall have at least 50 feet between the closest parts of the building.
(b) 
Side to side of buildings shall have at least 30 feet between the closest parts of the building.
(c) 
Side to front of buildings shall have at least 40 feet between the closest parts of the building.
(d) 
Side to rear of buildings shall have at least 30 feet between the closest parts of the building.
M. 
Neighborhood commercial center design standards.
(1) 
Commercial and retail uses shall be those that support the day-to-day needs of local residents and shall be complemented by compatible business, civic and institutional uses. Neighborhood commercial uses shall be grouped together adjacent to the street of highest classification and shall be located within a 1/2 mile of 85% of all residential uses.
(2) 
The neighborhood commercial center shall be provided with shared off-street parking, signage, and landscaping consistent with the architectural standards and guidelines developed for the TND.
(3) 
Pedestrian access.
(a) 
Pedestrian access shall be provided from the principal entrance of each principal structure.
(b) 
Pedestrian access shall be provided from any rear parking facility to the ground floor uses either through rear building entrances, pedestrian ways along the perimeter of the buildings, or by pedestrian throughways which connect the rear parking lots to sidewalks at the front lot line. The required access shall be spaced at intervals of no more than 250 feet. Pedestrian throughways may be exterior between buildings, or may be incorporated into the interior design of the building. If exterior, they must be a minimum of 10 feet wide.
(c) 
At least one public entrance of all principal structures shall be oriented towards the street.
(d) 
Primary building entrances shall be clearly visible and delineated with elements such as roof overhangs, recessed entries, landscaping, or similar design features.
(4) 
Front and street side exterior walls shall each contain a minimum of 15% transparent or translucent materials on each story below the roofline.
(5) 
Parking facilities shall be restricted to the rear or side of a principle structure. No parking shall be permitted between the face of a building closest to a street and the street right-of-way line. Parking facilities along a street shall preserve the streetscape through planting a fifteen-foot landscape buffer constructing and maintaining a freestanding wall matching the adjacent building walls between three feet and eight feet in height.
(6) 
Signs.
(a) 
Internally illuminated signs are not permitted.
(b) 
All uses within the TND shall adhere to the requirements and design elements in the comprehensive sign program in the ASG.
(c) 
All other sign regulations of this chapter shall apply.
N. 
Open space.
(1) 
A minimum of 30% of the gross acreage of the TND shall be devoted to common open space. Through the use of design incentives, the area of open space may be reduced to 25%.
(2) 
The arrangement and configuration of the open space shall relate to the design of the TND and shall be usable and/or accessible to the residents and patrons of the TND and shall include a central public space.
(3) 
Common open space shall be available for use by residents and patrons of the TND and their guests free of charge, except for areas of nonintensive agriculture, horticulture, floriculture or silviculture. An annual maintenance fee assessed to all property owners for maintenance of common open space shall not be considered a charge for use of the space.
(4) 
Commercial uses shall not be permitted in common open space, except for community events approved by the owner of the common open space.
(5) 
Common open space may be made available for use by the general public. This shall not be cause to reduce the recreation requirements of Chapter 435, Subdivision and Land Development.
(6) 
Applicant shall supply documentation showing proposed plan for ownership and perpetual maintenance and protection of common open space consistent with open space requirements in this chapter.
(7) 
Open space shall meet all other requirements of this chapter.
O. 
Parking.
(1) 
Commercial and retail uses may count on-street parking located within 150 feet of the use. Once on-street parking is counted for a use, it may not be counted again for another use.
(2) 
All parking spaces must be located within 150 feet of the use in order to be counted towards meeting the minimum parking requirements for that use.
(3) 
Off-Street parking shall be located at mid-block parking facilities located behind the rear face (the face farthest from the street).
(4) 
Landscape screen and buffer requirements between residential and commercial uses, and between parking facilities/access drives and buildings shall be consistent with the OMP.
(5) 
Parking is prohibited on lanes.
(6) 
If the garage is included as storage (satisfying 40 square foot area), it shall not be considered a parking space.
(7) 
All other parking regulations of this chapter shall apply.
A truck stop or motor freight terminal is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
The subject property shall have a minimum of 300 feet of road frontage along a collector or an arterial road.
B. 
All structures (including underground tanks, parking lots, and access drives) shall be located no closer than 500 feet from any residential zone or use and/or property containing a school, day-care facility, park, playground, library, hospital, nursing, rest or retirement home, or medical residential campus.
C. 
All structures (including, but not limited to, air compressors, fuel pump islands, kiosks) shall be set back at least 100 feet from any street right-of-way line.
D. 
A fifty-foot landscape buffer shall be provided on the property along any street frontage. A thirty-foot landscape buffer shall be provided on all other property lines.
E. 
Access driveways shall be a minimum of 28 feet and a maximum of 35 feet wide.
F. 
Off-street parking shall be provided at a rate equal to that required for each of the respective uses comprising the truck stop. The applicant shall also present credible evidence that the number of oversized off-street parking spaces provided for trucks will be adequate to accommodate the expected demand generated by truck patrons. Any gates or other barriers used at the entrance to parking areas shall be set back and arranged to prevent vehicle backups onto adjoining roads during peak arrival periods.
G. 
Trash receptacles shall be provided amid off-street parking areas which shall be routinely emptied. Furthermore, a working plan for the regular cleanup of litter shall be furnished and continuously implemented by the applicant.
H. 
All uses involving drive-through restaurant and/or drive-through vehicle service and/or washing shall provide sufficient on-site stacking lanes to prevent vehicle backups into access drives, parking areas, and adjoining roads.
I. 
All vehicle service and/or repair activities shall be conducted within a completely enclosed building. No outdoor storage of parts, equipment, lubricants, fuels, or other materials used or discarded in any service or repair operations shall be permitted.
J. 
The outdoor storage of unlicensed, unregistered, or uninspected vehicles is prohibited.
K. 
All vehicles and machinery shall be repaired and removed from the premises within two weeks.
L. 
The demolition or junking of vehicles and machinery is prohibited. Demolished vehicles, and/or parts thereof, shall be removed within two weeks after arrival.
M. 
The applicant shall submit a traffic impact report meeting the standards of Chapter 435, Subdivision and Land Development.
N. 
All outdoor loudspeaker systems shall be designed, arranged, and operated so as to be inaudible at the property line.
O. 
A truck stop shall delineate long-term parking areas from short-term parking areas through pavement markings and signage conspicuously posted throughout the parking area. Short-term parking shall be limited to four hours and is intended for unattended vehicle storage while purchasing goods or services.
P. 
A truck stop shall provide and perpetually maintain electric plug-ins for each and every designated parking space within the long-term parking area, designed and maintained to provide electric service capable of running all accessory functions within the vehicle, thereby eliminating the need for diesel idling.
Q. 
Parking at a location other than those delineated for short- or long-term parking is prohibited.
R. 
The idling of diesel engines for periods in excess of five minutes is prohibited, unless a unique condition where the nonroutine idling for longer periods of time is justified. Said unique conditions justifying longer idling times shall be as listed in Article 4, hereby incorporated by reference.
S. 
The applicant shall furnish evidence that the storage and disposal of materials and wastes will be accomplished in a manner that complies with all applicable state and federal regulations.
T. 
Video gaming terminals (VGTs) are prohibited.
A detached single-family dwelling that existed on the effective date of this chapter, and contained (at that time) at least 2,000 square feet, may be converted into two dwelling units subject to the provisions of Article 2 herein and following criteria:
A. 
The applicant shall furnish evidence that an approved system of water supply and sewage disposal will be utilized.
B. 
No extensions or modifications to the external appearance of the building, which would alter its residential character, shall be permitted.
C. 
All floors above grade and below grade shall have a permanently affixed direct means of escape to ground level.
D. 
The applicant shall obtain any required land development approvals.
Repossession and short-term vehicular storage is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
Minimum lot area of four acres.
B. 
Vehicles shall be removed within 100 days.
C. 
Hours of operation shall not exceed 8:00 a.m. to 8:00 p.m., Monday through Saturday.
D. 
A fence up to eight feet in height shall be permitted.
E. 
A plan for control of spilled fluids shall be provided for approval of the Township and continuously implemented by the property owner.
F. 
Area shall be screened from view of roadway and/or residential zone or use via buildings, or a thirty-foot landscape screen in accordance with the Subdivision and Land Development Ordinance requirements.
G. 
The area shall meet all other setbacks for the underlying zone.
H. 
The maximum number of vehicles stored at any one time shall be 50.
Long-Term Vehicular storage is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
Minimum lot area of four acres.
B. 
Vehicles shall be operable, in drivable condition.
C. 
Vehicles that are required to be inspected for use on public roads shall have current state vehicle inspection.
D. 
Vehicles that are required to be licensed for use on public roads shall have valid state licenses.
E. 
Vehicles that are required to have state registration for use on public roads shall have valid state registration.
F. 
All storage shall be on a bituminous or concrete paved surface.
G. 
All storage shall be screened from view of roadway and/or residential zone or use via buildings, or a thirty-foot landscape screen in accordance with Chapter 435, Subdivision and Land Development.
H. 
The area shall meet all other setbacks for the underlying zone.
[Amended 9-11-2023 by Ord. No. 2023-254]
A warehouse and/or distribution/fulfillment center is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
The applicant shall provide a detailed description of the proposed use in each of the following topics:
(1) 
The nature of the on-site activities and operations, hours of operation, number of employees, the types of materials stored, the frequency of distribution and restocking, the duration period of storage of materials, and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.
(2) 
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use comply with applicable laws and ordinances, including, but not limited to, those listed in Article 3 of this chapter.
(3) 
A traffic impact study prepared by a professional traffic engineer, according to § 435-27C, or successor section, of Chapter 435, Subdivision and Land Development. The traffic impact study shall clearly delineate the proposed use (i.e., warehouse or distribution/fulfillment center). In addition to the requirements of Chapter 435, the traffic impact study shall include truck and automobile analysis to project and break out different vehicle trips throughout the entire day (not just the peak hours) to illustrate the full potential traffic generation of the site.
B. 
The subject property shall have a minimum lot area of five acres and a minimum lot width of 300 feet. A maximum lot coverage of 60% shall be permitted.
C. 
The use shall provide sufficiently long stacking lanes and on-site loading/unloading areas, so that trucks waiting to be loaded/unloaded will not back up onto public roads. No parking areas or loading/unloading areas shall be permitted within 50 feet of any public street right-of-way line.
D. 
Vehicular access shall be so arranged as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby properties. Access drives used by trucks shall only intersect with arterial or collector roads or new streets that are proposed, designed and constructed to serve the distribution/fulfillment center and/or warehouse.
E. 
The subject property shall have a minimum of 300 feet of contiguous road frontage along an arterial and/or collector road.
F. 
Buildings (up to 100,000 square feet), access drives, parking areas, staging areas and loading/unloading areas on the subject property shall be located no closer than 200 feet from a residential use or zone, and/or any property containing a school, day-care facility, park, playground, library, hospital, nursing, rest or retirement home, or medical residential campus. For buildings proposed over 100,000 square feet, a 500-foot setback shall apply.
G. 
Access driveways shall be a minimum of 28 feet, as measured at the street right-of-way line (unless a different width is required by PADOT as part of the highway occupancy permit process), and a maximum of 40 feet wide, as measured at the throat of the access drive. All access drives onto the same road shall be set back at least 150 feet from one another, as measured from closest points of cartway edges.
H. 
Any gates or other barriers used at the entrance to parking areas shall be set back and arranged to prevent vehicle backups onto adjoining roads during peak arrival periods.
I. 
Outdoor vehicle service, and/or repair activities, shall be prohibited.
J. 
The outdoor storage of unlicensed and/or uninspected vehicles is prohibited.
K. 
The demolition or junking of vehicles and machinery is prohibited. Demolished vehicles and/or parts thereof shall be removed within 30 days after arrival.
L. 
All outdoor loudspeaker systems are prohibited.
M. 
The parking, storage, staging and/or loading/unloading of vehicles associated with the use shall be confined to the subject property; no satellite parking, storage, staging and/or loading lots or areas shall be permitted.
N. 
The applicant shall furnish evidence that the storage and disposal of materials and waste will be accomplished in a manner that complies with all applicable state and federal regulations.
O. 
Green space shall be 300 feet along adjoining lands containing a residential use or zone.
(1) 
Within the required green space, a forty-foot-wide landscape screen is required and an earthen berm having a maximum slope three feet horizontal to one foot vertical and a minimum height of 15 feet above grade; and
(2) 
Stormwater management facilities may be located within the green space but not within the required landscape screen.
P. 
In addition to the requirements set forth in § 450-403C, site lighting shall be equipped with motion sensors so that lights turn off or dim at least 50% after sundown when no motion is detected for 10 minutes.
Q. 
The applicant shall be required to submit qualified expert evidence of the methods that will be used to assure that the proposed use will not contribute materially to air pollution and will comply with all applicable Federal Environmental Protection Agency air quality standards. Test data must be furnished by the applicant addressing Particulate Matter 2.5 (total weight of particles in the air that are less than 2.5 microns in size) levels taken within 30 days of application by a certified independent air-testing firm during peak use periods of the day. Warehouses not in compliance with the National Ambient Air Quality Standard (NAASQS) for PM 2.5, as established by the EPA and as amended by EPA regulations from time to time, will furnish the Zoning Hearing Board or Board of Supervisors in the case of a conditional use application a plan within 60 days for reducing PM 2.5 emissions to acceptable levels. Upon approval of that plan, the terminal will have 90 days to provide evidence that satisfactory PM 2.5 levels have been reached, or it will be found in violation of this chapter. Upon approval of special exception, warehouse owners must provide PM 2.5 data on a quarterly basis as sampled by a certified independent air -testing firm during peak use periods of the day at locations every 200 feet around the perimeter of the warehouse and at a distance of 75 feet from the warehouse building.
R. 
Prior to conditional use approval, the applicant shall establish and submit for approval to the governing body, a truck routing plan to and from the state highway system. The plan shall describe proposed truck routing to and from the facility to designated truck routes that avoids passing a residential use or zone and/or any property containing a school, day-care facility, park, playground, library, hospital, nursing, rest or retirement home, or senior residential campus to the greatest extent possible. The plan shall include measures, such as signage and pavement markings, queuing analysis and enforcement, for preventing truck queuing, circling, stopping, and parking on public streets. The facility operator shall be responsible for enforcement of the plan. The governing body shall have discretion to determine if changes to the plan are necessary including any additional measures to alleviate truck routing and parking issues that may arise during the life of the facility.
S. 
Tractor-trailer parking spaces shall be reserved for outbound trucks which are required to layover or rest due to federal hours of service regulations. The number of spaces shall be a minimum of 10% of the proposed loading docks. Such spaces must be made available to tractor-trailers during and/or after the facility's operating hours as necessary.
T. 
Each and every building containing a loading dock shall have amenities for the truck drivers/operators of the vehicles using the facility in addition to any similar amenities provided to on-site employees.
(1) 
Each amenity shall include, at a minimum, a suitable lounge for drivers/operators containing not less than five seats, a four-seat table, restroom facilities, including at least three sinks, stalls, etc., per restroom, and dispensing machines or other facilities to provide food and beverage.
(2) 
At least one amenity shall be provided for every 30 truck loading/unloading docks of the use.
A waste handling facility is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
All principal waste handling facilities for municipal and residual wastes, as defined by the PA DEP, shall be operated, and/or designated to be operated, by the Solid Waste Management Authority of York County.
B. 
Any processing and/or treatment of waste (including, but not limited to, incineration, composting, steaming, shredding, compaction, material separation, refuse-derived fuel, pyrolysis, etc.) shall be conducted within a completely enclosed building.
C. 
No waste shall be deposited, stored or disposed of, and no building or structure shall be located within 900 feet of any property line, within an AC, RA, RS-1, RS-2, RS-3, or MU-1 Zone;.
D. 
A fence measuring at least eight feet in height must enclose all operations. A 100-foot landscape buffer shall be provided along the perimeter of the property, in addition a fifty-foot landscape screen shall be provided toward the interior of the site from the buffer along the perimeter of the property. Where the proposed use adjoins a residential zone, an existing residence and/or a public road, an earthen berm at least 10 feet in height with a minimum of a six-foot top width and sides no steeper than 4:1, shall be provided. Such berm shall be located on the site and placed so as to maximize the berm's ability to absorb and/or block views of, and the noise, dust, etc., generated by, the proposed use. The berm shall be completely covered and maintained in an approved vegetative ground cover. All landscaping shall meet the requirements of this chapter and Chapter 435, Subdivision and Land Development.
E. 
The applicant must demonstrate compliance (through a written statement) and continue to comply with all applicable state and federal standards and regulations.
F. 
The principal waste handling facility shall have direct access to a collector or an arterial street.
G. 
All uses shall provide sufficiently long stacking lanes into the facility, so that vehicles waiting to be weighed and/or unloaded will not back up onto public roads.
H. 
Landfills must design and perpetually maintain and use vehicle wash areas for every vehicle leaving the site to prevent dust, mud, or sediment from leaving the site. The vehicle wash area must use filtered recycled water, and be maintained in a sanitary condition.
I. 
All access drives serving the site shall have a paved minimum thirty-five-foot-wide cartway for a distance of at least 500 feet from the intersecting street right-of-way line to the vehicle wash area. In addition, a fifty-foot-long clean gravel (open-graded gravel) section of access drive shall be placed and perpetually maintained just prior to the vehicle wash area to help collect any sediment or mud that may have attached to a vehicle's wheels. The applicant shall prepare a plan for cleaning of the access drive which, upon Township approval, shall be perpetually implemented. The owner and/or operator shall be responsible for removing any mud, dust, or sediment from public roads caused by vehicles traveling to and from the site.
J. 
Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against the indiscriminate and unauthorized dumping, all areas of the site shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations.
K. 
Hours of operation whereby waste is accepted at, or transported from the site, shall not exceed 8:00 a.m. to 4:00 p.m., Monday through Friday, except state and federal recognized holidays, and Saturday 8:00 a.m. to noon.
L. 
A program of litter control shall be exercised to prevent the scattering of wind-borne debris, and a working plan for the cleanup of litter shall be submitted to the Township and upon approval, perpetually implemented.
M. 
The unloading, processing, treatment, transfer, and disposal of waste shall be continuously supervised by a qualified facility operator.
N. 
Any waste that is to be recycled shall be stored in leakproof and vectorproof containers. Such containers shall be designed to prevent their being carried by wind or water. These containers shall be stored within a completely enclosed building.
O. 
All storage of waste shall be indoors in a manner that is leakproof and vectorproof. During normal operation, no more waste shall be stored on the property than is needed to keep the facility in constant operation; but, in no event for more than 24 hours.
P. 
A contingency plan for the disposal of waste during a facility shutdown shall be submitted to the Township.
Q. 
Leachate from the waste shall be disposed of in a manner in compliance with any applicable state and federal laws or regulations. If leachate is to be discharged to a municipal sewage facility, pretreatment shall be required, and appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with the Department of Environmental Protection's or Township regulations.
R. 
The applicant shall submit an analysis of raw water needs (groundwater or surface water) from either private or public sources, indicating quantity of water required. If the source is from a municipal system, the applicant shall submit documentation that the public authority will supply the water needed.
(1) 
In addition, if the facility is to rely upon nonpublic sources of water, a water feasibility study will be provided to enable the municipality to evaluate the impact of the proposed development on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on existing wells in the vicinity. The water feasibility shall be reviewed by the Municipal Engineer.
(2) 
A water system that does not provide an adequate supply of water for the proposed development, considering both quantity and quality, or does not provide for adequate groundwater recharge, considering the water withdrawn by the proposed development, shall not be approved by the municipality.
(3) 
A water feasibility study shall include the following information:
(a) 
Calculations of the projected water needs;
(b) 
A geologic map of the area with a radius of at least one mile from the site;
(c) 
The location of all existing and proposed wells within 1,000 feet of the site, with a notation of the capacity of all high-yield wells;
(d) 
The location of all existing on-lot sewage disposal systems within 1,000 feet of the site;
(e) 
The location of all streams within 1,000 feet of the site and all known point sources of pollution;
(f) 
Based on the geologic formation(s) underlying the site, the long-term safe yield shall be determined;
(g) 
A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams, and the groundwater table;
(h) 
A statement of the qualifications and the signature(s) of the person(s) preparing the study; and
(i) 
The study shall meet or exceed all requirements for well studies as contained in Chapter 435, Subdivision and Land Development.
S. 
The applicant shall provide a traffic impact report, as required by Chapter 435, Subdivision and Land Development.
T. 
A minimum 100-foot wide landscape strip shall be located along all property lines. No structures, storage, parking, or any other related activity or operation shall be permitted within this landscape strip. Any fences or other screening erected on the site must not be located within this landscape strip.
U. 
The applicant shall furnish expert testimony regarding emergency preparedness measures provided and/or otherwise available to respond to potential hazards regarding the spill of waste materials during transport to and from the site, and potential hazards regarding firefighting of waste materials upon the site.
V. 
No principal waste handling facility shall be located within one mile of another, as measured in a straight line between closest property lines.
A wind energy conversion system is permitted as provided in Article 2 herein and subject to the following criteria:
A. 
Setback. A commercial wind energy conversion system shall meet the minimum setback requirements for the underlying zone, plus a distance equal to their height. Small wind energy system structures, including guy wire anchors, shall have a setback to the property boundaries of the installation site equal to their height, and shall not be placed closer to the street or access right-of-way than the front of the principle structure, unless a 150-foot setback is maintained. Such side and rear setback requirement shall be reduced if adjoining property owners within a distance equal to the small wind energy system's height agree, in writing, to a lesser setback from their property. Each wind turbine shall be set back from the nearest aboveground public electric power line a distance no less than 1.1 times its total height determined from the existing power line.
B. 
Height. A small wind energy conversion system shall be limited to a tower height of 50 feet for property sizes between 1/2 acre and one acre. For property sizes of one acre or more, there is no limitation on tower height, except as imposed by FAA regulations. For lots of 1/2 acre to 10,000 square feet, the tower height shall be limited to 10 feet above the maximum principle building height.
C. 
Small wind energy conversion systems are prohibited on lots that have less than 10,000 square feet in area.
D. 
Access to the site of a commercial wind energy conversion system shall be restricted through a combination of fencing and access gates.
E. 
All wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.
F. 
Wind energy facilities shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.
G. 
Electrical controls and control wiring and power lines shall be wireless or buried below ground, except where wind energy facility's collector wiring is brought together for connection to the utility company's transmission or distribution network, adjacent to that network.
H. 
Small wind energy conversion system turbines must have been approved under the emerging technologies program of the California Energy Commission or any other small wind certification program recognized by the American Wind Energy Association.
I. 
All wind energy systems shall not produce noise that exceeds 50 dBA, as measured at the property line.
J. 
Wind energy conversion systems shall be maintained free of rust, in a color that blends in with the surrounding area, and in good working order. Once the wind energy conversion system is nonoperational for 30 consecutive calendar days, it shall be dismantled and completely removed from the site by the owner within 90 consecutive calendar days. The Township shall have the right, but not the obligation, to remove or have removed the apparatus upon the failure of the property owner to remove the apparatus within the time limit stated above and may charge the property owner all costs associated therewith. Failure by the property owner to pay said charges shall give the Township the right to file a lien against the property in the amount of the charges plus all costs.
K. 
Utility notification. No permit for a small wind energy system shall be issued until evidence has been provided to the Township that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems (systems that do not connect to any commercial electric utility's lines or facilities) shall be exempt from this requirement.