Article VI Specific Use Regulations

§ 350-601 Applicability.

In addition to the general provisions that are established in Article III of this chapter for principal, accessory, or temporary uses, buildings, and structures within a particular zone; the additional general provisions for uses, buildings, and structures established in the Articles IV and V of this chapter, Article VI sets forth the specific regulations that shall be applied to principal, accessory, and temporary uses, as applicable.

For uses that are permitted within a specific zone as special exceptions or conditional uses, see also the applicable procedures and standards in Articles VIII and IX of this chapter.

§ 350-602 Residential uses.

Conversion, multiple-family. Multiple-family conversions shall be permitted subject to the following regulations:

(1)

Multiple-family conversions shall comply with the area, density, and bulk requirements for multiple-family dwellings of the applicable zone.

(2)

All buildings used as part of multiple-family conversions shall maintain an exterior appearance that resembles and is compatible with most of the existing dwellings in the neighborhood. No modification to the external appearances of the building (except fire and safety requirements) which would alter its residential character shall be permitted.

(3)

The use shall be connected to both public water and public sewer service.

Conversion, two-family. Two-family conversions shall be permitted subject to the following regulations:

(1)

Within the (A) Zone, the principal building shall have existed and contained at least 3,000 square feet of gross floor area, on January 25, 1994.

(2)

Only one additional dwelling unit shall be established upon a lot. Including the existing dwelling unit, there shall be no more than a total of two dwelling units per lot.

(3)

Unless there are specific area and bulk requirements for two-family detached dwellings in the applicable zone, two-family conversions shall otherwise comply with the area and bulk requirements for single-family detached dwellings of the applicable zone.

(4)

All buildings used as part of two-family conversions shall maintain an exterior appearance that resembles and is compatible with most of the existing dwellings in the neighborhood. No modification to the external appearances of the building (except fire and safety requirements) which would alter its residential character shall be permitted.

(5)

Utility connections.

(a)

Additional dwelling units shall physically be connected to the existing dwelling unit's sewage system and water supply system.

(b)

No separate utility system or connection serving additional dwelling units shall be constructed or used, unless required by the PA DEP.

(c)

If individual on-lot sewage or water system are to be used to, the applicant shall submit evidence that the total number of occupants of all the dwelling units on the site will not exceed the maximum capacities for which the systems were designed, unless those systems are to be expanded, in which case the expansion approvals are to be submitted. Any connection to or addition to an existing individual on-lot sewage system shall be subject to the review and approval of the Township Sewage Enforcement Officer.

Flag lot residence. Flag lot residences shall be permitted subject to the following regulations:

(1)

Flag lot residences shall comply with the regulations set forth in Article VI of this chapter relating to flag lots in nonresidential uses—miscellaneous use regulations (§ 350-607B).

Manufactured/mobile home park. Manufactured/mobile home parks shall be permitted subject to the following regulations:

(1)

Manufactured/mobile home parks shall comply with the applicable design and construction standards and requirements of the SLDO.

(2)

See Table 6-2.1 in this subsection below for the area and bulks requirements for individual manufactured/mobile homes. Each individual manufactured/mobile home within a manufactured/mobile home park shall comply with the following area and bulk requirements as if said manufactured/mobile home was located on an individual lot. Otherwise, each individual manufactured/mobile home shall comply with all other area, bulk, and design requirements of the applicable zone:

Table 6-2.1 Manufactured/Mobile Home Area and Bulk Requirements
Area/Design Features	Manufactured/Mobile Home Per Dwelling Unit
Minimum lot area	4,250 square feet
Minimum lot frontage¹	40 feet
Minimum lot width at minimum front yard setback¹	40 feet
Minimum front yard setback	30 feet
Minimum side yard setback (each side)	10 feet
Minimum rear yard setback	15 feet

NOTES:
¹	On an internal private street or other approved internal road within the manufactured/mobile home park.

(3)

Each manufactured/mobile home lot shall contain no more than one manufactured/mobile home, nor shall it contain more than one family.

(4)

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

(5)

Individual manufactured/mobile home owners may install accessory or storage sheds, exterior patio areas, and other similar outdoor structures as long as they are not attached to the manufactured/mobile home structure. Any such facilities so installed shall not intrude into any required front, side, or rear yard setback, and, in every case, shall substantially conform in style, quality, and color to the associated manufactured/mobile homes.

(6)

In no case shall the distance between individual manufactured/mobile home buildings and other buildings which are not accessory to the individual manufactured/mobile be less than 20 feet.

(7)

In no case shall access to any manufactured/mobile home or manufactured/mobile home lots be provided directly onto, have frontage on, or otherwise adjoining an external public street right-of-way.

(8)

The maximum lot coverage for a manufactured/mobile home park shall be 35%.

(9)

The external boundary of the manufactured/mobile home park adjoining any lot line shall comply with minimum yard requirements for "other principal uses" of the applicable zone.

(10)

A landscape screening strip shall be provided in accordance with Article V of this chapter relating to screening and landscaping (§ 350-526).

Multiple-family dwelling. Multiple-family dwellings shall be permitted subject to the following regulations:

(1)

Except as provided in the subsections below [§ 350-602E(2) through (4)], all multiple-family dwellings shall comply with the area and bulk requirements of the applicable zone.

(2)

The maximum lot coverage for multiple-family dwellings shall be 60%.

(3)

In those instances where more than one principal building is located on the same lot, the following separation distances shall be provided between each building:

(a)

Front-to-front, rear-to-rear, or front-to-rear, parallel buildings shall have a minimum 60 feet separation distance between faces of the buildings. If the front or rear faces of the buildings are obliquely aligned, the above separation distances may be reduced by as much as 10 feet at one end if increased by an equal or greater separation distance at the other end.

(b)

A minimum separation distance of 30 feet is required between end walls of buildings. If the buildings are at right angles to each other, the separation distance between the corners of the end walls of the buildings may be reduced to a minimum of 20 feet.

(c)

A minimum separation distance of 40 feet is required between end walls and front or rear faces of buildings.

(d)

All buildings shall be set back a minimum of 15 feet from any interior access drives or parking facilities contained on commonly held lands.

(4)

The use shall be connected to both public water and public sewer service.

Single-family attached dwelling. Single-family attached dwellings shall be permitted subject to the following regulations:

(1)

The maximum number of dwelling units within one building shall be eight.

(2)

No more than two contiguous dwelling units shall have the same, identical:

(a)

Front yard setbacks and front building wall lines that are generally parallel; otherwise, there shall a minimum variation distance of two feet; and

(b)

Roof lines that generally parallel the ground along the same horizontal plane.

(3)

In addition, each dwelling unit shall be distinguished from contiguous dwelling units in some appropriate manner such as by varying dwelling unit width, use of different exterior materials, or varying arrangements of entrances or windows.

(4)

In those instances where more than one principal building is located on the same lot, the following separation distances shall be provided between each building:

(a)

Front-to-front, rear-to-rear, or front-to-rear, parallel buildings shall have a minimum sixty-foot separation distance between faces of the buildings. If the front or rear faces of the buildings are obliquely aligned, the above separation distances may be reduced by as much as 10 feet at one end if increased by an equal or greater separation distance at the other end.

(b)

(c)

A minimum separation distance of 40 feet is required between end walls and front or rear faces of buildings.

(d)

All buildings shall be set back a minimum of 15 feet from any interior access drives or parking facilities contained on commonly held lands.

(5)

The use shall be connected to both public water and public sewer service.

Short-term rental. Short-term rentals shall be permitted by right in the Agricultural and Rural Zones in dwelling units provided they comply with the following standards:

[Added 8-3-2023 by Ord. No. 2023-6]

(1)

Only one short-term rental per structure is permitted. The maximum occupancy for the short-term rental shall be limited to two guests per bedroom.

(2)

To the extent the short-term rental is located in a building that is not owner occupied, the short-term rental must be at least 200 feet from the closest residential structure.

(3)

The short-term rental unit must contain or meet all of the following:

(a)

Interconnected smoke detector(s) must be installed in each bedroom or, if deemed impractical by the Township code official, smoke detector(s) with ten-year batteries.

(b)

Interconnected smoke detector(s) outside each bedroom in the common hallway or, if deemed impractical by the Township code official, smoke detector(s) with ten-year batteries.

(c)

All smoke detectors should be checked by the owner between renters.

(d)

GFI outlets are required if the outlet located within six feet of a water source (all sinks, sump pumps, etc.).

(e)

Aluminum or metal exhaust from the dryer, if a dryer is provided.

(f)

Carbon monoxide detector, if open-flame (oil or gas) furnace or gas fireplace.

(g)

Carbon monoxide detector, if the garage is attached.

(h)

Fire extinguisher in the kitchen.

(i)

Stairs (indoor and outdoor) in good condition.

(j)

Covers on all outlets.

(k)

If not served by a municipal water supply, the owner shall provide proof that a potable water supply is available for the unit.

(l)

If not served by a public sewer system, evidence that the sewer system is adequate.

(m)

Fully functioning bathing and toilet facilities.

(n)

Fully functioning kitchen, if one has been installed.

(o)

Before occupancy, an inspection will be required by a Township code official to verify compliance.

(p)

One parking space per bedroom, with a minimum of two spaces.

(4)

It shall be the responsibility of the owner to display the following information on the property:

(a)

The 911 address of the property.

(b)

Contact information for the property and a telephone number to call to register complaints regarding the physical condition of the property if the owner is not located within 20 miles of the property.

(c)

The maximum number of occupants permitted to stay in the short-term rental.

(d)

The maximum number of all vehicles allowed to be parked on the property, and the requirement that parking is not permitted in any public road right-of-way unless such designated right-of-way is not parking restricted.

(e)

The evenings on which garbage and recycling are to be placed curbside for collection.

(f)

Notification that an occupant may be cited and fined for creating a disturbance or for violating other provisions of applicable Township ordinances.

(5)

The applicant shall designate and provide written notice to the Township of a local contact person who shall have access and authority to assume management of the short-term rental unit and take remedial measures. The local contact person shall respond to the Township or to a police officer within 30 minutes after being notified by such official of the existence of a violation of this chapter or any disturbance requiring immediate remedy or abatement. If the local contact person is not the owner, the local contact person shall immediately advise the owner of any notification of a violation. There shall be a local contact person available at all times the short-term rental unit is operated. The owner may change the local contact person only after written notice to the Township, and any new local contact person shall meet all requirements of this subsection.

(6)

A short-term unit may be rented only to a person 25 years of age or older.

(7)

No modifications to the exterior of the building which would alter its residential character shall be permitted.

(8)

No unsupervised/unleashed pets allowed outside or that may create a nuisance to neighbors.

(9)

The owner shall use his/her best efforts to ensure that the occupants of the short-term rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of Township ordinances or any state law pertaining to noise or disorderly conduct by notifying the occupants of the rules regarding short-term rental units and responding when notified that occupants are violating laws regarding their occupancy.

(10)

The owner shall, upon notification that occupants of the short-term rental unit have created unreasonable noise or disturbances, engaged in disorderly conduct or violated provisions of Township ordinances or state law pertaining to noise or disorderly conduct, promptly use their best efforts to prevent a recurrence of such conduct by those occupants or guests.

§ 350-603 Nonresidential uses—agricultural/forestry uses.

Agribusiness. Agribusinesses shall be permitted subject to the following regulations:

(1)

Setbacks.

(a)

New slaughter areas, areas for the storage or processing of garbage, agricultural byproducts or composted materials, structures for the cultivation of mushrooms, and buildings for the housing, feeding, watering, and otherwise the keeping of animals shall be set back at least:

[1]

One hundred feet from any lot line; and

[2]

Three hundred feet from any lot line of an adjoining lot in the (R) Zone or Residential Zones.

[a]

The Township Zoning Hearing Board may, as a special exception, however, reduce the setback requirement of the subsection above {§ 350-603A(1)(a)[1]} where it is shown that, because of prevailing winds, unusual obstructions, topography, or other conditions, a lesser distance would protect adjoining lands from odor, dust or other hazards. In no case, however, shall the Township Zoning Hearing Board reduce the setback requirement to less than 100 feet. The burden shall be upon the applicant to prove that a lesser distance would not be detrimental to the health, safety and general welfare of the community.

(2)

Any exhaust or ventilation fans employed shall be oriented and directed such that no direct exhaust velocity is perceptible at any lot line.

(3)

Storage and application of pesticides, fertilizers and/or chemicals shall be in accordance with federal and state laws.

(4)

All grazing and pasture areas shall be securely fenced to prevent the escape of animals.

(5)

The location of manure storage and processing facilities shall conform to the requirements of the Pennsylvania Nutrient Management Act.[1] Notwithstanding anything contained in this chapter to the contrary, all manure shall be managed in a manner that complies with the Clean Streams Law[2] and the practices prescribed by the most recent version of the Pennsylvania Manure Management Manual.

[1]

Editor's Note: See now 3 Pa.C.S.A. § 501 et seq.

[2]

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

Agricultural operation. Agricultural operations shall be permitted subject to the following regulations:

(1)

Setbacks.

(a)

[1]

One hundred feet from any lot line; and

[2]

Three hundred feet from any lot line of an adjoining lot in the (R) Zone or residential zones.

[a]

The Township Zoning Hearing Board may, as a special exception, however, reduce the setback requirement of the subsection above § 350-603A(1)(a)[1] where it is shown that, because of prevailing winds, unusual obstructions, topography, or other conditions, a lesser distance would protect adjoining lands from odor, dust or other hazards. In no case, however, shall the Township Zoning Hearing Board reduce the setback requirement to less than 100 feet. The burden shall be upon the applicant to prove that a lesser distance would not be detrimental to the health, safety and general welfare of the community.

(2)

Any exhaust or ventilation fans employed shall be oriented and directed such that no direct exhaust velocity is perceptible at any lot line.

(3)

Storage and application of pesticides, fertilizers and/or chemicals shall be in accordance with federal and state laws.

(4)

All grazing and pasture areas shall be securely fenced to prevent the escape of animals.

(5)

The location of manure storage and processing facilities shall conform to the requirements of the Pennsylvania Nutrient Management Act. Notwithstanding anything contained in this chapter to the contrary, all manure shall be managed in a manner that complies with the Clean Streams Law and the practices prescribed by the most recent version of the Pennsylvania Manure Management Manual.

Agricultural-related business. Agricultural-related businesses shall be permitted subject to the following regulations:

(1)

Agricultural-related businesses may involve a limited range of commercial uses such as:

(a)

Agricultural equipment and other similar heavy-duty motor vehicle repair/service;

(b)

Agricultural equipment and other similar heavy-duty motor vehicle rentals/sales;

(c)

Blacksmith shops/farriers;

(d)

Butcher shops;

(e)

Grain mills;

(f)

Processing of locally produced agricultural products;

(g)

Feed and farm supply stores and distributors;

(h)

Agriculture waste storage;

(i)

Warehousing, distribution, and wholesaling of agricultural products, supplies or equipment;

(j)

Sales of agricultural related equipment, includes outside display;

(k)

Wholesale produce and tobacco auctions;

(l)

Machine shop; and

(m)

Other similar activities, that may be determined on a case-by-case basis if the use meets the purpose and intent of the regulations, as long as it is directed at providing goods, materials, and services needed for agricultural operations and agribusinesses, rather than the distribution of goods produced on the agricultural operation and agribusiness.

(2)

All parking, loading, and outside storage areas associated with the agricultural related occupation shall be provided with a landscape screening strip in accordance with Article V of this chapter relating to screening and landscaping (§ 350-526):

(a)

Outside storage areas shall be located to the rear (behind) the building containing the agricultural-related business.

(3)

The applicant shall submit an hours of operation and management plan in accordance with Article IX of this chapter relating to hours of operation and management plan in application for zoning permits for nonresidential uses in zoning permits [§ 350-902C(3)] demonstrating how on-site activities are appropriately scheduled, operated, and maintained to protect the existing neighborhood and nearby residential uses from detrimental noise, disturbance, or interruption.

Boarding/riding stable. Boarding/riding stables shall be permitted subject to the following regulations:

(1)

Any building or corral used for the boarding of animals shall be set back at least:

(a)

One hundred feet from any lot line; and

(b)

Three hundred feet from any lot line of an adjoining lot in the (R) Zone or residential zones.

(2)

All areas and structures used for training and riding shall be set back a minimum of 50 feet from any lot line.

(3)

All riding, boarding, and pasture areas shall be securely fenced to prevent the escape of animals.

(4)

The applicant shall submit a working plan that demonstrates how any areas used for riding and pasture shall be maintained in acceptable vegetative cover.

(5)

(6)

Kennel, boarding. Boarding kennels shall be permitted subject to the following regulations:

(1)

All animal boarding buildings that are not completely enclosed, and any outdoor animal pens, stalls, or runways shall be located within the rear yard.

(2)

All animal boarding buildings that are not completely enclosed, and any outdoor animal pens, stalls, or runways shall be set back a minimum of 300 feet from any lot line.

(3)

All areas utilized for outdoor exercise of animals and outdoor stalls and/or runways to which animals have access shall be completely enclosed by a six-foot-high fence to prevent the escape of animals.

(4)

Kennel. Kennels shall be permitted subject to the following regulations:

(1)

All animal boarding buildings that are not completely enclosed, and any outdoor animal pens, stalls, or runways shall be located within the rear yard.

(2)

All animal boarding buildings that are not completely enclosed, and any outdoor animal pens, stalls, or runways, including all parts of any structure, shall be set back a minimum of 300 feet from any lot line.

(3)

(4)

(5)

The applicant shall demonstrate that the applicant is or is in the process of becoming lawfully licensed by the Department of Agriculture to operate the type of kennel for which the application is made. Compliance with this requirement and with the requirements of the Department of Agriculture or any other state or federal governmental agency shall be an ongoing requirement for the authority to maintain the kennel. Among any other reasonable conditions imposed for the grant of a special exception, it shall be an ongoing condition of the special exception that the owner or other operator of the kennel be licensed and in good standing under the requirements of the Department of Agriculture or other federal, state or local agency having jurisdiction and that the owner or other occupant shall, at least annually, provide proof to the Township Zoning Officer of the operation being currently licensed and in good standing with the Department of Agriculture or other state agency having jurisdiction over the operation.

§ 350-604 Nonresidential uses—commercial uses.

Adult-oriented business and/or use. Adult-oriented businesses and/or uses shall be permitted subject to the following regulations:

(1)

An adult-oriented business and/or use shall not be permitted to be located within 1,000 feet of any lot with:

(a)

With another adult-oriented business and/or use;

(b)

Any land in the (R) Zone or Residential Zones; or

(c)

One or more of the following specified land uses:

[1]

Amusement park, theme park, water park;

[2]

Campground (for minors' activity);

[3]

Day care establishment;

[4]

Place of religious worship;

Community center;

Museum;

Park/playground;

School, K-12;

Recreation facility (for minors' activity); or

[10]

Other lands where minors congregate.

(2)

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

(3)

Any building or structure used and occupied as an adult-oriented business and/or use shall be windowless, or have an opaque covering over all windows or doors of any area in which materials, merchandise, or film are exhibited or displayed, and no materials, merchandise, or film shall be visible from any lot line.

(4)

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

(5)

No one type of adult-oriented business and/or use may change to another type of adult-oriented business and/or use, except upon approval of an additional conditional use.

(6)

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

(7)

No unlawful sexual activity or conduct shall be permitted.

(8)

No more than one adult-oriented business and/or use may be located within one building or shopping center.

(9)

Airport/heliport. Airports/heliports shall be permitted subject to the following regulations:

(1)

No part of a takeoff/landing strip/pad shall be located nearer than 300 feet from a lot line.

(2)

Animal hospital. Animal hospitals shall be permitted subject to the following regulations:

(1)

Within the (CC) Zone or (HC) Zone, there shall be no outdoor keeping of animals permitted.

(2)

All animal boarding buildings that are not completely enclosed, and any outdoor animal pens, stalls, or runways shall be located within the rear yard.

(3)

All animal boarding buildings that are not completely enclosed, and any outdoor animal pens, stalls, or runways shall be set back a minimum of 100 feet from any lot line.

(4)

(5)

All other areas utilized for grazing or pasture areas shall be securely fenced to prevent the escape of animals.

(6)

Boarding house. Boarding houses shall be permitted subject to the following regulations:

(1)

The total number of tenant/guest rooms permitted for rent shall be three and the boarding house shall not accommodate more than six tenants/guests total.

(2)

All tenant/guest rooms shall be limited to two tenants/guests each.

(3)

All buildings permitted to be used as boarding houses shall maintain an exterior appearance that resembles and is compatible with most of the existing dwellings in the neighborhood. No modification to the external appearances of the building (except fire and safety requirements) which would alter its residential character shall be permitted.

(4)

The owner of the facility or resident manager shall reside in the Boarding house. Proof of residency shall be provided.

(5)

All tenant/guest rooms available for boarding shall be located within the principal building.

(6)

Access to all boarding rooms shall be through the interior of the building. No exit doors from individual boarding rooms shall lead directly to the exterior of the building.

(7)

Residents on-site shall have access to shared common areas for cooking and eating. A common kitchen facility equipped for cooking meals located on site shall be available to the residents, or daily meals shall be provided on site for the residents of the boarding house.

(8)

Meals for compensation shall be provided only to registered tenants/guests of the boarding house. No cooking facilities shall be provided or permitted in the individual tenant/guest rooms.

(9)

Each floor shall contain at least one fully equipped bathroom for every five tenants/guests that is accessible from a common hallway.

(10)

All tenants/guests shall execute a lease before occupancy.

(11)

Tenants/guest rooms shall be leased to the same tenant/guest for at least seven consecutive days.

(12)

Campground. Campgrounds shall be permitted subject to the following regulations:

(1)

Where the use includes 100 or more campsites, the proposed use shall be located on a lot that fronts on and has direct lot access to an arterial street or collector street, as listed in Article V of this chapter relating to traffic impact study and street classifications (§ 350-533).

(2)

All campsites shall be located at least 50 feet from any side or rear lot line and at least 100 feet from any external street right-of-way line.

(3)

Each campsite shall be at least 3,000 square feet in size.

(4)

Each camping space shall be numbered.

(5)

All outdoor play areas shall be set back 100 feet from any lot line.

(6)

Refuse collection stations shall be set back a minimum of 100 feet from any lot line.

(7)

Any accessory retail or service commercial uses shall be set back a minimum of 100 feet from any lot line. Such accessory commercial uses shall be solely designed and constructed to serve the campground's registered guests and their visitors. Any parking spaces provided for these commercial uses shall only have vehicular access from the campground's internal road network rather than an external street right-of-way.

(8)

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

(9)

No persons or occupants shall be permitted to permanently reside on any campsite, except the campground park owner and/or resident manager.

(10)

Convenience store. Convenience stores shall be permitted subject to the following regulations:

(1)

The proposed use shall be located on a lot that fronts on and has direct lot access to an arterial street or collector street, as listed in Article V of this chapter relating to traffic impact study and street classifications (§ 350-533).

(2)

The subject property shall be set back at least 300 feet from any lot containing a school, day care facility, playground, library, hospital or nursing, rest or retirement home.

(3)

All ventilation equipment associated with fuel storage tanks shall be set back 100 feet and oriented away from any adjoining lot in the (R) Zone or the residential zones.

(4)

Flea market. Flea markets shall be permitted subject to the following regulations:

(1)

Outside display shall be permitted in accordance with Article VI of this chapter relating to outside display in accessory use regulations (§ 350-608V).

(2)

All outside display shall begin no earlier than one hour before official sunrise, and must be completed no later than one hour after official sunset.

(3)

Funeral home. Funeral homes shall be permitted subject to the following regulations:

(1)

Golf course. Golf courses shall be permitted subject to the following regulations:

(1)

The proposed use shall be located on a lot that fronts on and has direct lot access to an arterial street or collector street, as listed in Article V of this chapter relating to Traffic Impact Study and Street Classifications (§ 350-533).

(2)

This site shall contain a minimum of 2,800 yards of play in nine holes.

(3)

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.

(4)

Golf cart paths. Golf cart paths shall be provided with an improved surface in accordance with Article V of this chapter relating to lot access, access drives, and driveways (§ 350-515). Additionally, the golf course design shall:

(a)

Minimize golf cart path crossings of streets and access drives. Easily identifiable golf cart paths shall be provided for crossings of streets or access drives; and

(b)

Discourage random crossing and require use of the golf cart path crossings of streets and access drives. Golf cart path crossings shall conform to the following. Golf cart path crossings shall be:

[1]

Perpendicular to the traffic movements; and

[2]

Signed warning motorists and pedestrians and golfers. The surface of the golf cart path shall be brightly painted with angle stripes.

(c)

Golf cart paths crossing street rights-of-way shall be considered "access drives" and shall be provided in accordance with Article V of this chapter relating to lot access, access drives, and driveways (§ 350-515).

(5)

All golf course buildings and structures shall be set back a minimum of:

(a)

Seventy-five feet from any adjoining street right-of-way line; and

(b)

One hundred any feet from any adjoining lot in the (R) Zone or residential zones.

(6)

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:

(a)

Clubhouse, which may consist of:

[1]

Restaurant, snack bar, lounge and banquet facilities.

[2]

Locker and rest rooms.

[3]

Pro shop.

[4]

Administrative offices.

[5]

Golf cart and maintenance equipment storage and service facilities.

[6]

Guest lodging for those using the golf course, provided:

[a]

No lodging units have separate exterior means of ingress/egress.

[b]

All lodging units shall be contained within the main clubhouse.

[c]

Such guest lodging shall have a total occupancy of no more than 20 occupants.

[7]

Indoor recreation facilities.

[8]

Baby-sitting rooms and connected, completely enclosed play areas.

(b)

Accessory recreation amenities located outside of a building, including:

[1]

Driving range, provided that no lighting is utilized;

[2]

Practice putting greens;

[3]

Swimming pools;

[4]

Parks/playgrounds; and

[5]

Conservation areas.

(c)

Golf cart and course maintenance equipment storage and service facilities.

(7)

Outside storage of maintenance equipment and/or golf carts shall be permitted, as long as it is set back at least 100 feet from any lot line.

(8)

Mini-storage. Mini-storage facilities shall be permitted subject to the following regulations:

(1)

Parking may be provided along interior traffic aisles or lanes adjacent to the buildings. These aisles shall be at least 26 feet wide when storage units open onto one side of the aisle only and at least 30 feet wide when storage units open onto both sides of the aisle.

(2)

Nothing shall be stored in interior traffic aisles or lanes, required off-street parking areas, loading areas, or accessways.

(3)

All vehicles stored outside of an enclosed building must be surrounded by a fence or wall at least six feet in height.

(4)

Mini-storage units shall be used solely for the storage of property. The following uses are expressly prohibited upon the site:

(a)

Auctions, commercial wholesale or retail sales, or garage/yard sales.

(b)

Operations or conducting any business activity within the mini-storage unit.

(c)

The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment.

(d)

The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment.

(e)

The establishment of a warehousing, distribution, and wholesaling business.

(f)

The storage of trash, radioactive or highly toxic substances, garbage, refuse, explosives or flammable materials, hazardous substances, animal carcasses or skins, or similar items that are dangerous, noxious or offensive because of odors, dust, noise, fumes, or vibrations.

(g)

The applicant shall adequately demonstrate that all mini-storage rental or use contracts shall specifically prohibit the uses listed in the subsections above [§ 350-604J(4)(a) through (f)].

(5)

An on-site manager shall be required to be on the site during the hours of operation.

(6)

Any dwelling unit for a resident manager shall comply with all of those requirements listed within the (R-2) Zone, and shall be entitled to all residential accessory uses provided in this chapter.

(7)

Nightclub. Nightclubs shall be permitted subject to the following regulations:

(1)

Recreation, commercial. Commercial recreation facilities shall be permitted subject to the following regulations:

(1)

(2)

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 streets 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 streets. If, at any time after the opening of the outdoor recreation facility, the Township of Rapho determines that traffic backups are occurring on adjoining streets, and such backups are directly related to the means of access to the lot, the Township of Rapho can require the applicant to revise means of access to relieve the undue congestion.

(3)

Restaurant. Restaurants shall be permitted subject to the following regulations:

(1)

In the (CC) Zone, the use shall be connected to both public water and public sewer service.

(2)

Retail business. Retail businesses shall be permitted subject to the following regulations:

(1)

If an exterior amplified public address system is to be utilized, the applicant shall submit qualified expert evidence that the proposed public address system will be designed and operated in a manner to prevent objectionable impact on adjoining lots and comply with the standards relating to noise contained in Article V of this chapter relating to noise pollution and vibration in operations and performance standards (§ 350-521A).

(2)

Shooting range. Shooting ranges shall be permitted subject to the following regulations:

(1)

Shooting ranges:

(a)

May not substantially injure or detract from the lawful existing or permitted use of neighboring properties.

(b)

May not substantially damage the health, safety or welfare of the Rapho Township or its residents and property owners.

(c)

Shall limit the storage of ammunition to only that utilized on the property within 24 hours. The storage of live ammunition shall only occur in an approved safe.

(d)

Shall limit the number of shooters to the number of firing points or stations identified on the development plan.

(e)

Shall limit the consumption of alcoholic beverages to days when no shooting activities are permitted, or when the shooting activities are completed for that day. Furthermore, alcoholic beverages may only be consumed in designated areas away from the firing points or stations.

(f)

Shall limit firing between 10:00 a.m., Monday through Saturday, and 12:00 noon on Sunday, until two hours preceding official sunset.

(2)

Shooting ranges shall be planned, designed, constructed, and maintained in accordance with the most recent version of NRA's The Range Source Book.

(3)

The applicant shall submit a plan demonstrating methods to reclaim the lead deposited by shooting activities, based upon the recommendations of the most recent version of EPA's Best Management Practice for Lead at Outdoor Shooting Ranges.

(4)

All applications for shooting ranges shall include the information required for a plot/site plan approval pursuant to Article IX of this chapter relating to plot/site plan in application for zoning permits for nonresidential uses in zoning permits [§ 350-902C(3)]. In addition, the applicant 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.

(5)

Fencing. A fence measuring at least eight feet in height must enclose the area of actual shooting range operations. Range caution signs with eight inches tall, red letters on a white background shall be posted at a maximum of 100-foot intervals around the range perimeter. Signs shall read "SHOOTING RANGE AREA. KEEP OUT!"

(6)

All shooting range facilities, including buildings, parking, firing range, and safety fan shall be set back at least 100 feet from any lot line.

(7)

No part of a shooting range property shall be located within 1/4 mile of any land in the (R) Zone or residential zones.

(8)

(9)

Shopping center. Shopping centers shall be permitted subject to the following regulations:

(1)

In addition to the area and bulk requirements for the applicable zone, see Table 6-4.1 in this subsection below are area, bulk, and design requirements for shopping centers:

Table 6-4.1 Shopping Center Area, Bulk, and Design Requirements
Use/Size	Minimum Lot Width at Minimum Front Yard Setback (feet)	Required Minimum Yard Setbacks			Minimum Setback from Land Within the (R) Zone or Residential Zones (feet)
Use/Size		Front (feet)	Side (each side) (feet)	Rear (feet)
Shopping center less than 50,000 square feet of gross floor area	250	35 for buildings and structures (except permitted signs); 20 for off-street parking; No off-street loading, nor refuse collection stations are permitted within the front yard	25 for buildings and structures (except permitted signs); 15 for off-street parking and loading spaces and refuse collection stations	25 for all buildings, structures, off-street parking and loading spaces and refuse collection stations	50 for buildings, structures, off-street parking and loading spaces and refuse collection stations
Shopping center between 50,000 and 100,000 square feet of gross floor area	300	50 for building and structures (except permitted signs); 25 for off-street parking; No off-street loading, nor refuse collection stations are permitted within the front yard	30 for buildings and structures (except permitted signs); 20 for off-street parking and loading spaces and refuse collection stations	30 for all buildings, structures, off-street parking and loading spaces and refuse collection stations	75 for buildings, structures, off-street loading, refuse collection stations; 50 for off-street parking
Shopping center greater than 100,000 square feet of gross floor area; however, in no case shall any one unit of occupancy contain more than 100,000 square feet of gross leasable floor area	500	100 for buildings and structures (except permitted signs); 40 for off-street parking; No off-street loading, nor refuse collection stations are permitted within the front yard	40 for buildings and structures (except permitted signs); 25 for off-street parking and loading spaces and refuse collection stations	40 for all buildings, structures, off-street parking and loading spaces and refuse collection stations	100 for buildings, structures, off-street loading and refuse collection stations; 50 for off-street parking

(2)

There shall be no minimum required yard setbacks between buildings constructed as part of the shopping center on the site, other than those building separation distances required by the most recent version of the IBC as referenced in the PA UCC adopted by the Township of Rapho.

(3)

Shopping center signs shall comply with the requirements of Article V of this chapter relating to signs (§ 350-528).

(4)

The initial approval of the shopping center shall require conditional use review. For freestanding pad sites, the applicant may choose to identify proposed building envelopes and a list of potential uses to be applied to each pad site respectively as an alternative to the specific identification of each use; however, in reviewing such pad sites, the Township will consider the worst-case scenario of building site envelope and potential uses when evaluating the conditional use application. Any subsequent substitution of use within the shopping center shall be permitted by right so long as the proposed use is permitted and does not require amendment of the site plan approved by the original conditional use. Future uses to be substituted that require separate conditional use approval, shall follow such review and approval processes. Future uses that require amendment of the site plan shall require conditional use approval.

(5)

Tavern/bar. Taverns/bars shall be permitted subject to the following regulations:

(1)

(2)

Trailer sales, service and storage facility. Trailer sales, service and storage facilities shall be permitted subject to the following regulations:

(1)

The subject property shall have existed and contained at least five acres and be zoned HC as of June 23, 2015.

(2)

The subject property shall have existed and have had direct lot access to a collector or arterial road, as listed in Article V of this chapter relating to traffic impact study and street classifications (§ 350-533) as of June 23, 2015.

(3)

No part of the subject property shall be located within 300 feet of any adjoining lot in the (R) Zone or residential zones.

(4)

Exterior areas used solely for the outside storage, parking, maneuvering or "jockeying" (i.e. moving from one location on the site to another location on the site) of trailers shall comply with Article V of this chapter relating to outside storage (§ 350-523) and with the off-street parking design requirements of Article V of this chapter relating to off-street parking (§ 350-520). Notwithstanding the foregoing, exterior areas used solely for the outside storage, parking, maneuvering or "jockeying" of trailers may be located on alternative hard surfaces such as modified stone, packed stone, gravel or other designed surface in lieu of an improved surface as defined by § 350-513 of this chapter.

(5)

Trailer storage or parking lots shall be designed in accordance with Article V of this chapter relating to lot access, access drives, and driveways (§ 350-515).

(6)

The site shall be provided with sufficiently long stacking lanes and on-site storage, parking, maneuvering or "jockeying" areas so that trailers and other vehicles waiting to access/exit the site, will not back up onto public streets rights-of-way.

(7)

The demolition or junking of trailers is prohibited.

(8)

The applicant shall submit an hours of operation and management plan in accordance with Article IX of this chapter relating to hours of operation and management plans in application for zoning permits for nonresidential uses in zoning permits [§ 350-902C(3)] demonstrating how on-site activities are appropriately scheduled, operated, and maintained to protect the existing neighborhood and nearby residential uses from detrimental noise, disturbance, or interruption.

Vehicle filling station. Vehicle filling stations shall be permitted subject to the following regulations:

(1)

(2)

The subject property shall be set back at least 300 feet from any lot containing a school, day care facility, playground, library, hospital or nursing, rest or retirement home.

(3)

No more than three vehicles may be stored per repair/service bay.

(4)

The outside storage of motor vehicles (whether capable of movement or not) for more than 30 days is prohibited.

(5)

All ventilation equipment associated with fuel storage tanks shall be set back 100 feet and oriented away from any adjoining lot in the (R) Zone or the residential zones.

(6)

Vehicle reconditioning, light/medium duty. Light/medium-duty vehicle reconditioning facilities shall be permitted subject to the following regulations:

(1)

(2)

All reconditioning activities shall be conducted within a completely enclosed building.

(3)

Stacking facilities for drive-through facilities shall be provided, in accordance with Article V of this chapter relating to vehicle queuing standards (§ 350-534).

(4)

No outside storage of parts, equipment, lubricants, fuel or other materials used or discarded, as part of the reconditioning operation, shall be permitted.

(5)

All exterior vehicle and machinery storage areas shall be screened from any adjoining lot in the (R) Zone or residential zones or adjoining street right-of-way.

(6)

The outside storage of motor vehicles (whether capable of movement or not) for more than 30 days is prohibited.

(7)

All ventilation equipment associated with reconditioning activities shall be set back 100 feet and oriented away from any adjoining lot in the (R) Zone or the residential zones.

(8)

All vehicles shall be repaired and removed from the premises within 30 days of their arrival on the site.

(9)

The demolition or junking of vehicles is prohibited.

(10)

Vehicle sales/rental, light-/medium-duty. Light-/medium-duty vehicle sales/rental facilities shall be permitted subject to the following regulations:

(1)

For uses involving light-/medium-duty vehicle service/repair, see Article VI of this chapter relating to vehicle service/repair, light/medium duty in specific use regulations for nonresidential uses—commercial uses (§ 350-604V).

Vehicle service/repair, light-/medium-duty. Light-/medium-duty vehicle service/repair facilities shall be permitted subject to the following regulations:

(1)

(2)

All reconditioning activities shall be conducted within a completely enclosed building.

(3)

Stacking facilities for drive-through facilities shall be provided, in accordance with Article V of this chapter relating to vehicle queuing standards (§ 350-534).

(4)

No outside storage of parts, equipment, lubricants, fuel or other materials used or discarded, as part of the reconditioning operation, shall be permitted.

(5)

All exterior vehicle and machinery storage areas shall be screened from any adjoining lot in the (R) Zone or Residential Zones or adjoining street right-of-way.

(6)

The outside storage of motor vehicles (whether capable of movement or not) for more than 30 days is prohibited.

(7)

All ventilation equipment associated with reconditioning activities shall be set back 100 feet and oriented away from any adjoining lot in the (R) Zone or the residential zones.

(8)

All vehicles shall be repaired and removed from the premises within 30 days of their arrival on the site.

(9)

The demolition or junking of vehicles is prohibited.

(10)

Vehicle storage lot, light-/medium-duty. Light-/medium-duty vehicle storage lots shall be permitted subject to the following regulations:

(1)

Where the use includes the storage of 150 or more vehicles, the proposed use shall be located on a lot that fronts on and has direct lot access to an arterial street or collector street, as listed in Article V of this chapter relating to traffic impact study and street classifications (§ 350-533).

(2)

Exterior areas used solely for the outside storage of vehicles and equipment shall comply with Article V of this chapter relating to outside storage (§ 350-523) and with the off-street parking design requirements of Article V of this chapter relating to off-street parking (§ 350-520).

(3)

Vehicle storage lots shall be designed in accordance with Article V of this chapter relating to lot access, access drives, and driveways (§ 350-515).

(4)

Vehicles may be stored in a horizontal stacked configuration; however, no vehicles shall be located more than 100 feet from an on-site interior access aisle. Such interior access aisles shall be a minimum of 18 feet wide, unless greater width is required under Article V of this chapter relating to off-street parking (§ 350-520).

(5)

All lighting shall be designed and constructed so as not to cast glare on adjoining streets and/or properties in compliance with Article V of this chapter relating to off-street parking (§ 350-520).

(6)

The demolition or junking of vehicles is prohibited.

(7)

Vehicle washing. Vehicle-washing facilities shall be permitted subject to the following regulations:

(1)

(2)

Public sewer and public water facilities shall be utilized and recycling water systems are required.

(3)

On-site stacking shall be provided in accordance with Article V of this chapter relating to vehicular queuing standards (§ 350-534).

(4)

The applicant shall provide evidence that adequate measures will be in place to prevent pollutants from being washed into the groundwater or waterways. Any chemicals that may be hazardous to aquatic life shall be stored within an area that will completely contain any leaks or spills.

(5)

Gray water recycling is mandatory.

(6)

Water from the vehicle wash operation shall not flow onto sidewalks or streets.

(7)

All structures housing vehicle washing apparatuses shall be set back:

(a)

One hundred feet from any street right-of-way line; and

(b)

Fifty feet from any rear lot line.

(8)

§ 350-605 Nonresidential uses—industrial and other similar intensive uses.

Industrial, general. General industrial uses shall be permitted subject to the following regulations:

(1)

Junkyard. Junkyards shall be permitted subject to the following regulations:

(1)

Junk shall be stored in accordance with the requirements of Article V relating to outside storage (§ 350-523), except fences shall be at least eight feet high.

(2)

Areas for the outside storage of junk shall be set back at least:

(a)

Fifty feet from any lot line; and

(b)

Two hundred feet from any adjoining lot in the (R) Zone or Residential Zones.

(3)

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

(4)

No material may be stored or stacked so that it is visible from adjoining lots and streets.

(5)

No junk may be piled to a height greater than eight feet.

(6)

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

(7)

No material shall be burned or incinerated at any time.

(8)

No junkyard shall be located on land with a slope in excess of 5%.

(9)

All vehicles and equipment shall be completely drained of fuel, lubricants, battery fluid, transmission fluid, brake fluids, coolants, and air-conditioning fluids.

(10)

(11)

Mineral extraction. Mineral extraction operations shall be permitted subject to the following regulations:

(1)

General. Mineral extraction operations:

(a)

May not substantially injure or detract from the lawful existing or permitted use of neighboring properties.

(b)

May not adversely affect any public or private water supply source.

(c)

May not adversely affect the logical, efficient, and economical extensions of public services, facilities and utilities throughout Rapho Township.

(d)

May not create any significant damage to the health, safety, or welfare of the Township of Rapho, and its residents and property owners.

(e)

May not result in the land area subject to mineral extraction operations being placed in a condition which will prevent the use of that land for economically and ecologically productive uses upon completion of the mineral extraction operation.

(2)

Plot/site plan requirements. As a part of each application the applicant shall furnish an accurately surveyed plot/site plan on a scale no less than 1:2400, showing the location of the tract or tracts of land to be affected by the operation. The surveyed plot/site plan shall be certified by a qualified professional land surveyor, engineer, or landscape architect licensed and registered to practice in the Commonwealth of Pennsylvania with assistance from experts in related fields and shall include the following:

(a)

The boundaries of the proposed land affected, together with the drainage area above and below the area.

(b)

The location and names of all streams, roads, railroads, and utility lines on or immediately adjacent to the area.

(c)

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.

(d)

The purpose for which each building is used.

(e)

The name of the owner of the affected area and the names of adjacent landowners, the municipality, and the county.

(3)

(4)

The minimum lot area shall be 50 acres.

(5)

Fencing. A fence measuring at least eight feet in height must enclose the area of actual mineral extraction operations.

(6)

Setback. See Table 6-5.1 for the minimum setbacks imposed upon specific features of the mineral extraction operation and other extractive-related uses from adjacent uses:

Table 6-5.1 Mineral Extraction Operation Setbacks
Quarry-Related Feature	Existing Residential Building, Nonresidential Building, or Park/Playground (feet)	Residential Zones (feet)	Adjoining Street, Cemetery, Stream Bank, or Adjoining Lot Line (feet)
Stock piles or spoil piles	300	1,000	100
Mineral processing equipment (e.g., rushers, sorters, conveyors, dryers, etc.)	300	1,000	100
Mineral extraction pit	300	1,000	100
On-site access roads and off-street parking, loading and vehicle storage and weighing facilities	300	500	100
Other operational equipment, structures and/or improvements	300	500	100

(7)

Reclamation. The applicant shall demonstrate compliance with Section 7(c) of the Pennsylvania Act No. 1984-219, as may be amended.[1] The applicant shall provide a detailed description of the proposed use of the site, once reclamation has been completed, including a description of any zoning and/or subdivision approvals or remedies that would be necessary to accommodate the proposed use. Finally, the applicant shall provide written notification to the Township within 30 days, whenever a change in the reclamation plan is proposed to the PA DEP.

[1]

Editor's Note: See 52 P.S. § 3307(c).

(8)

Screening. Within the required setbacks as provided in Table 6-5.1 above, the exterior portion of the lot shall be comprised of an earthen berm at least 10 feet in height and shall be completely covered and maintained in an approved vegetative ground cover. In addition, an Option 3 landscape screen strip shall be provided in accordance with Article V of this chapter relating to screening and landscaping (§ 350-526), between the earthen berms and the exterior lot lines.

(9)

Operations progress report. Within 90 days after commencement of surface mining operations and each year thereafter, the operator shall file an operations and progress report with the Township Zoning Officer setting forth all of the following:

(a)

The name or number of the operation.

(b)

The location of the operation with reference to the nearest public road;

(c)

A description of the tract or tracts, including a site plan showing the location of all improvements, stockpile, mineral extraction pits, etc.

(d)

The name and address of the landowner or his duly authorized representative.

(e)

An annual report of the type and quantity of mineral produced.

(f)

The current status of the reclamation work performed in pursuance of the approved reclamation plan.

(g)

A maintenance report for the site that verifies that all required fencing, berming and screening has been specifically inspected for needed repairs and/or maintenance and that such needed repairs and/or maintenance has been performed.

(10)

Solid waste operations. Solid waste operations shall be permitted subject to the following regulations:

(1)

Any processing of waste (including but not limited to incineration, composting, shredding, compaction, material separation, refuse derived fuel, pyrolysis, etc.) shall be conducted within a completely enclosed building.

(2)

Fencing. A fence measuring at least eight feet in height must enclose the areas used for the unloading, transfer, storage, or deposition of refuse.

(3)

No refuse shall be deposited or stored, and no building or structure shall be located within:

(a)

Two hundred feet of any lot line; or

(b)

Five hundred feet of any adjoining lot in the (R) Zone or residential zones.

(4)

Screening. Within the required setbacks as provided in the subsection above [§ 350-605D(3)], the exterior portion of the lot shall be comprised of an earthen berm at least 10 feet in height and shall be completely covered and maintained in an approved vegetative ground cover. In addition, an Option 3 landscape screen strip shall be provided in accordance with Article V of this chapter relating to screening and landscaping (§ 350-526), between the earthen berms and the exterior lot lines.

(5)

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.

(6)

The unloading, processing, transfer, and deposition of waste shall be continuously supervised by a qualified facility operator.

(7)

Any waste that is to be recycled shall be stored in leakproof and vector-proof containers. Such containers shall be designed to prevent their being carried by wind or water. These containers shall be stored within a completely enclosed building.

(8)

All storage of waste shall be within an enclosed building in a manner that is leakproof and vector- proof. During normal operation, no more solid waste shall be stored on the lot that is needed to keep the facility in constant operation; but, in no event for more than 72 hours.

(9)

The applicant shall submit a contingency plan for the disposal of solid waste during a facility shutdown.

(10)

A water feasibility study developed in accordance with applicable standards and requirements of the SLDO shall be submitted.

(11)

Truck/motor freight terminal. Truck/motor freight terminals shall be permitted subject to the following regulations:

(1)

The subject property shall front upon and have direct access to a collector or arterial road, as listed in Article V of this chapter relating to traffic impact study and street classifications (§ 350-533).

(2)

All ventilation equipment associated with fuel storage tanks shall be set back 100 feet and oriented away from any adjoining lot in the (R) Zone or residential zones.

(3)

(4)

Truck stop/travel plaza. Truck stops/travel plazas shall be permitted subject to the following regulations:

(1)

(2)

All ventilation equipment associated with fuel storage tanks shall be set back 100 feet and oriented away from any adjoining lot in the (R) Zone or residential zones.

(3)

Vehicle auction. Vehicle auctions shall be permitted subject to the following regulations:

(1)

(2)

The proposed use shall comply with all applicable area, bulk, and design standards of the (IND) Zone, except that the maximum permitted lot coverage shall be limited to a maximum of 70% and all outside areas for the sale, display and/or storage of vehicles and equipment shall be screened from adjoining streets and lots in accordance with the regulations set forth in Article V of this chapter relating to screening and landscaping (§ 350-526).

(3)

The percentage of lot area covered by buildings shall occupy no less than 5% of the lot's total lot coverage.

(4)

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

(5)

Exterior areas used solely for the storage of vehicles and equipment shall be connected to other areas of the site and the adjoining street via one or more access drives in accordance with Article V of this chapter relating to lot access, access drives, and driveways (§ 350-515).

(6)

Exterior areas used solely for the outside storage of vehicles and equipment shall comply with Article V of this chapter relating to outside storage and with the off-street parking design requirements of Article V of this chapter relating to off-street parking (§ 350-520), except that such areas:

(a)

May be arranged with blocks of horizontally stacked vehicles or equipment that do not provide for the independent movement of each vehicle or piece equipment. No vehicle or piece of equipment shall be located more than 100 feet from an on-site interior access aisle. Such interior access aisles shall be a minimum of 18 feet wide, unless greater width is required under Article V of this chapter relating to off-street parking (§ 350-520);

(b)

Need not be paved, but must have an all-weather and dust-free surface in accordance with Article V of this chapter relating to improved surfaces (§ 350-513);

(c)

Shall be completely enclosed by a six-foot-high fence complying with the minimum yard setback requirements for the applicable zone, but must be screened from adjoining streets and lots in accordance with Article V of this chapter relating to screening and landscaping (§ 350-526);

(d)

Shall be lighted in accordance with Article V of this chapter relating to off-street parking (§ 350-520); and

(e)

Need not comply with the interior landscaping requirements.

(7)

Exterior areas used for the outside display of vehicles and equipment shall comply with the requirements of Article VI of this chapter relating to outside display in accessory use regulations (§ 350-608V) and off-street parking design requirements of Article V of this chapter relating to off-street parking (§ 350-520).

(8)

Areas to be used by employees or customers after dusk shall be lighted in accordance with Article V of this chapter relating to off-street parking (§ 350-520).

(9)

(10)

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

(11)

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

(12)

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

(a)

All service, repair and reconditioning uses involving drive-through service shall provide sufficient on-site stacking lanes to prevent vehicle backups on adjoining streets and such stacking lanes will be fully integrated within the site's on-site circulation plan as required in the subsection above [§ 350-605G(4)];

(b)

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

(c)

No outside storage of parts, equipment, lubricants, fuel or other materials, new, used or discarded, as part of the service, repair and/or reconditioning operation, shall be permitted.

(13)

The demolition and/or junking of vehicles and/or equipment is prohibited. No vehicle or piece of equipment shall remain on the site for more than 365 days.

(14)

The subject property shall contain a road test track which shall be conveniently linked to the sales area. The test track shall be strictly operated so that customers must use the track for test drives rather than the site's circulation system and adjoining streets. The applicant must demonstrate the means by which patrons will be directed and required to conduct road tests on the site's test track. The test track shall be set back at least 20 feet from adjoining lot lines and 50 feet from adjoining streets. If such test track is to be used after dusk, it shall be lighted in accordance with Article V of this chapter relating to off-street parking (§ 350-520).

(15)

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

(16)

No part of the subject property shall be located within 300 feet of any adjoining lot in the (R) Zone or residential zones.

(17)

A traffic study shall be prepared in accordance with Article V of this chapter relating to traffic impact study and street classifications (§ 350-533) and shall devote particular emphasis on movements of vehicles that may be moving between the subject property and other nearby uses that assist in making vehicles and/or equipment ready for sale.

(18)

Modifications of design standards. The Township Board of Supervisors may permit the modification of the design standards in this subsection relating to vehicle auction (§ 350-605G) to encourage the use of environmentally friendly paving surfaces. Any modification of the design standards shall be subject to the following standards:

(a)

The applicant shall employ a stable pervious paving surface on no less than half of the exterior display, sales and storage areas for vehicles and equipment;

(b)

Approved modifications of design standards must provide for a functional and attractive site that would not result in adverse impact to adjoining lots; and

(c)

Such modifications will not result in an increase in development potential of the site.

(19)

Vehicle reconditioning, heavy-duty. Heavy-duty vehicle reconditioning facilities shall be permitted subject to the following regulations:

(1)

(2)

All reconditioning activities shall be conducted within a completely enclosed building.

(3)

Stacking facilities for drive-through facilities shall be provided, in accordance with Article V of this chapter relating to vehicle queuing standards (§ 350-534).

(4)

No outside storage of parts, equipment, lubricants, fuel or other materials used or discarded, as part of the reconditioning operation, shall be permitted.

(5)

All exterior vehicle and machinery storage areas shall be screened from any adjoining lot in the (R) Zone or residential zones or adjoining street right-of-way.

(6)

The outside storage of motor vehicles (whether capable of movement or not) for more than 30 days is prohibited.

(7)

All ventilation equipment associated with reconditioning activities shall be set back 100 feet and oriented away from any adjoining lot in the (R) Zone or Residential Zones.

(8)

All vehicles shall be repaired and removed from the premises within 30 days of their arrival on the site.

(9)

The demolition or junking of vehicles is prohibited.

(10)

Vehicle sales/rental, heavy-duty. Heavy-duty vehicle sales/rental facilities shall be permitted subject to the following regulations:

(1)

For uses involving light-/medium-duty vehicle service/repair, see Article VI of this chapter relating to vehicle service/repair, heavy-duty in specific use regulations for nonresidential uses—industrial and other similar intensive uses (§ 350-605J).

Vehicle service/repair, heavy-duty. Heavy-duty vehicle service/repair facilities shall be permitted subject to the following regulations:

(1)

(2)

All reconditioning activities shall be conducted within a completely enclosed building.

(3)

Stacking facilities for drive-through facilities shall be provided, in accordance with Article V of this chapter relating to vehicle queuing standards (§ 350-534).

(4)

No outside storage of parts, equipment, lubricants, fuel or other materials used or discarded, as part of the reconditioning operation, shall be permitted.

(5)

All exterior vehicle and machinery storage areas shall be screened from any adjoining lot in the (R) Zone or residential zones or adjoining street right-of-way.

(6)

The outside storage of motor vehicles (whether capable of movement or not) for more than 30 days is prohibited.

(7)

All ventilation equipment associated with reconditioning activities shall be set back 100 feet and oriented away from any adjoining lot in the (R) Zone or residential zones.

(8)

All vehicles shall be repaired and removed from the premises within 30 days of their arrival on the site.

(9)

The demolition or junking of vehicles is prohibited.

(10)

Vehicle storage lot, heavy-duty. Heavy-duty vehicle storage lots shall be permitted subject to the following regulations:

(1)

Where the use includes the storage of more than 150 vehicles, the subject property shall front upon and have direct access to a collector or arterial road, as listed in Article V of this chapter relating to traffic impact study and street classifications (§ 350-533).

(2)

(3)

Vehicle storage lots shall be designed in accordance with Article V of this chapter relating to lot access, access drives, and driveways (§ 350-515).

(4)

(5)

All lighting shall be designed and constructed so as not to cast glare on adjoining streets and/or properties in compliance with Article V of this chapter relating to off-street parking (§ 350-520).

(6)

The demolition or junking of vehicles is prohibited.

(7)

Warehousing, distribution and wholesaling. Warehousing, distribution and wholesaling shall be permitted subject to the following regulations:

(1)

A traffic study shall be prepared in accordance with Article V of this chapter relating to traffic impact study and street classifications (§ 350-533).

(2)

§ 350-606 Nonresidential uses—institutional/civic uses.

Cemetery. Cemeteries shall be permitted subject to the following regulations:

(1)

In areas not served by public water, the applicant must submit written evidence to ensure that water supplies of surrounding properties will not be contaminated by burial activity within the proposed cemetery.

(2)

No burial plots or facilities shall be permitted in any floodplain area as set forth in Article IV of this chapter relating to Floodplain Overlay (FPO) Zone (§ 350-402).

(3)

Clubhouse or lodge, private. Private clubhouses or lodges shall be permitted subject to the following regulations:

(1)

(2)

All outdoor recreation/activity areas shall be set back at least 50 feet from any lot line.

(3)

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

(4)

The site shall be arranged to minimize the need for persons being "dropped off" and "picked up" to cross traffic lanes on or adjacent to the site.

(5)

(6)

Community Outreach Center. Community Outreach Centers shall be permitted subject to the following regulations:

(1)

In the (IND) Zone, Community Outreach Center shall be permitted subject to the following regulations:

(a)

Lot design. Area and bulk requirements shall be provided in accordance with the regulations set forth in the applicable zone, except as provided in the subsections below {§ 350-606C(1)(a)[1] through [3]}:

[1]

Minimum lot area. The minimum lot area shall be five acres.

[2]

Minimum yard setback. The minimum yard setback shall be in accordance with the applicable zone, except that the setback for buildings and parking adjacent to Route 283 shall be reduced to 10 feet.

[3]

Accessory recreation uses. Accessory recreation facilities can be developed in any side or rear yard to within 30 feet of any perimeter lot line.

(b)

Utilities. The development shall be served by public water service and public sewer service.

(c)

Pedestrian facilities.

[1]

Sidewalk location.

[a]

Sidewalks shall be provided along one side of any proposed access drive and along the frontage of the development, unless an alternate plan, which may include a pedestrian path and/or a pedestrian/bicycle path combination, is demonstrated to work better to provide for such pedestrian traffic likely to make use of the facilities planned for the site.

[b]

Pedestrian walkways that cross driving lanes must be distinguished from driving surfaces by the use of special pavers, bricks, colored and/or textured concrete, painted asphalt, or textured asphalt to enhance pedestrian safety.

[c]

Sidewalks, to the greatest extent possible, shall connect to existing or planned networks located at the perimeter of the development, or to an existing or planned network on the opposite side of the road fronting the tract.

[d]

Sidewalks are not required to serve all individual parking spaces.

[e]

Sidewalks are not required along the outline of a parking lot, unless such configuration is necessary to provide direct pedestrian access.

[2]

Sidewalk width. Sidewalks shall not be less than eight feet wide when adjacent to the main building entrance and any dropoff area not located adjacent to the main building entrance, and not less than five feet wide elsewhere.

[3]

Sidewalk construction material. Sidewalks shall be constructed of masonry pavement, precast ornamental concrete pavers, poured-in-place concrete, patterned poured concrete, special pavers, bricks, or bituminous.

[4]

Sidewalk crossings.

[a]

Pedestrian crosswalks shall conform to PennDOT specifications, but in no case shall pedestrian crosswalks be less than six feet in width.

[b]

Dropoff and pickup zones shall be well delineated for pedestrians and separated from the flow of vehicle traffic.

(d)

Off-street parking. Off-street parking shall be provided in accordance with the regulations set forth in Article V of this chapter relating to off-street parking (§ 350-520), except that the required number of spaces shall be determined in accordance with the subsection immediately below § 350-606C(1)(d)[1].

[1]

Required number of spaces.

[a]

Seven parking spaces shall be provided per 1,000 square feet of gross floor area. The required number of parking spaces shall consist of a minimum of five paved parking spaces per 1,000 square feet of gross floor area and two or fewer of overflow parking spaces per 1,000 square feet of gross floor area the sum of which shall result in a total of seven parking spaces per 1,000 square feet of gross floor area. At least 25% of the provided overflow parking spaces shall be reinforced parking spaces in a manner acceptable to the Township of Rapho.

[b]

In connection with the conditional use application, the applicant shall identify those parking spaces that are to be overflow parking spaces, and the number, location and manner of reinforcement of the reinforced overflow parking spaces.

(e)

Lighting.

[1]

Lighting plan. The conditional use application shall include a conceptual description of exterior lighting, including any outdoor athletic facilities or fields. A lighting plan that includes photometrics, fixture type, support, and footer details shall be provided at the subdivision and/or land development plan stage.

[2]

Type of light fixture.

[a]

Pedestrian-scaled ornamental lighting fixtures shall be provided along streets and access drives. The design, size, and placement of outdoor lighting fixtures on buildings and in parking lots shall be in keeping with the architectural style of the buildings. Maximum permitted height shall be 35 feet.

[b]

Lighting fixtures that service off-street parking facilities containing less than 100 parking spaces shall be at a lower height. A detailed lighting design plan showing location, number of fixtures, lighting fixture island details, and height of fixtures shall be submitted during the Subdivision and/or Land Development Plan stage for each off-street parking facility.

(f)

Signs. Signs shall be provided in accordance with the regulations set forth in Article V of this chapter relating to Signs (§ 350-528), except as provided in the subsections below {§ 350-606C(1)(f)[1] through [5]}:

[1]

Calculation of sign area. The sign area shall be measured by the smallest regular geometric shape not exceeding eight sides encompassing all words and/or symbols composing the sign. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign. If a double-faced sign is back to back with no point more than three feet from another, the area of only the larger face shall be used to calculate the sign area.

[2]

Maximum sign area for building-mounted signs. The total permitted building-mounted sign area for the Community Outreach Center shall not exceed 1 1/2 square feet for each linear foot of building wall that has windows or a public entrance, to a maximum sign area of 180 square feet. The total allowable sign area may be a combination of building-mounted sign types.

[3]

Freestanding monument sign.

[a]

One freestanding monument sign is permitted at the entrance to the Community Outreach Center.

[b]

The sign area of a freestanding monument sign is not included in the calculation for maximum building-mounted sign area.

[c]

The maximum sign area for a freestanding monument sign shall be 50 square feet. However, when a freestanding monument sign is double-faced with both faces having the same message, and no point is more than three feet from another, the area of only the larger face shall be used to calculate the sign area.

[d]

The height of a freestanding monument sign shall not exceed 15 feet above the mean level of the ground abutting the base of the freestanding monument sign.

[e]

Freestanding monument signs may be attached to retaining walls; however, the monument sign portion of the retaining wall shall not exceed the above-stated height.

[f]

Freestanding monument signs shall be surrounded by a landscaped area that extends a minimum of four feet in all directions.

[g]

All or a portion of the freestanding monument sign may include or consist of an electronic message center component, which is a variable message sign utilizing LCD, LED, plasma, CRT, pixelized lights or other animated and/or video-like displays for computer generated messages or some other electronic means of changing copy, subject to the following criteria:

[i]

Electronic messages shall not change at a rate greater than one time per each fifteen-second period;

[ii]

Signs shall employ sufficient size lettering and/or symbols for immediate recognition by motorists;

[iii]

Signs shall display simple and static messages for immediate recognition by motorists. Messages shall be complete in each display cycle and shall not require viewers to see multiple display cycles to derive its meaning;

[iv]

Signs shall use instantaneous transitions from one message display cycle to the next with no blank-outs, scrolling, fading, streaming, zooming, flashing, or any other animated effect for immediate recognition by motorists; and

[v]

All owners must notify AMBER Alert and register its location for use as needed at (www.psp.pa.gov/amber-alert/Pages/amber-alert.aspx). During times of AMBER Alert, the dynamic message display must display such information as provided by the PA State Police for no less than 50% of the operating time during each one-hour cycle.

[4]

Directional sign. Directional signs provide directions to pedestrian and vehicular traffic. Signs directing to entrances, exits and other nonbusiness elements of a project are exempt from the sign regulations when the sign area is less than four square feet.

[5]

Temporary signs.

[a]

See Table 6-6.1 in this subsection below for temporary sign regulations:

Table 6-6.1 Temporary Sign Standards
Temporary Sign Type	Sign Feature
Temporary Sign Type	Maximum Number of Permitted Signs	Maximum Sign Area	Maximum Sign Height (feet)	Minimum Setback from Adjoining Lot Line (feet)	Sign Permit Required	Additional Requirements
Special event sign	1 per street frontage	32 square feet	10¹	10²	Yes	Sign shall not be erected sooner than 30 days prior to the event and shall be removed within 7 days after completion of the event.

NOTES:
¹	Unless the temporary sign is fixed to the Community Outreach Center building, in which case the maximum sign height is controlled by the maximum building height of the applicable zone.
²	Unless the temporary sign is located adjacent to Route 283, in which case the minimum setback is one foot from the Route 283 right-of-way.

(g)

Conditional use standards. Except as provided in the subsection immediately below § 350-606C(1)(g)[1], the conditional use application for a Community Outreach Center is subject to Article IX of this chapter relating to conditional uses (§ 350-906).

[1]

Vested rights.

[a]

See Sections 508(4) and 917 of the MPC,[1] which provide an applicant with protection during certain time periods against changes to Township ordinances that would adversely affect an approved development.

[1]

Editor's Note: See 53 P.S. §§ 10508(4) and 109017, respectively.

[b]

For a Community Outreach Center that is granted conditional use approval, the vested rights provisions of Section 508(4)(ii) of the MPC[2] shall be extended to 15 years from the date of the preliminary plan approval, provided the time limitations set forth in Article IX of this chapter relating to time limitation on conditional use decisions in conditional uses (§ 350-906H) are complied with. The Township Board of Supervisors may extend this fifteen-year period for additional five-year periods upon the request of the developer.

[2]

Editor's Note: See 53 P.S. § 10508(4)(ii).

[c]

The six-month time period limit for the protections of and under Section 917 of the MPC,[3] shall and is hereby extended to a maximum of 24 months from the date of the conditional use approval. The 24 period shall be extended for the length of any appeal of or challenge to the terms of the conditional use approval.

[3]

Editor's Note: See 53 P.S. § 10917.

(h)

Application for conditional use. At the time of application for conditional use approval, and in addition to the information required as part of the conditional use application set forth in Article IX of this chapter relating to conditional uses (§ 350-906), the applicant shall submit the following:

[1]

Site plan. The site plan shall be drawn at a legible scale and include the following:

[a]

Site data, including:

[i]

Proposed total gross floor area of Community Outreach Center;

[ii]

Proposed acreage and percentage of green space;

[iii]

Total number of proposed off-street parking spaces, permanent and overflow.

[b]

Proposed off-street parking space configurations, permanent and overflow.

[c]

Any prospective future land use, provided that:

[i]

The applicant can provide adequate parking for the future land use; and

[ii]

If the applicant does not currently own the property on which the future land use is depicted but plans to purchase or lease the property in the future, the applicant has obtained the written consent of the current landowner to the depiction of a future use on the landowner's property.

Provided that the applicant complies with the aforementioned conditions, if the applicant purchases or leases the property from the landowner in the future, then the applicant shall be permitted to proceed with a Subdivision, Land Development and/or Earth Disturbance Plan, as may be necessitated by the particular circumstances, without reopening the conditional use approval.

[2]

Reports. The following conceptual reports shall be submitted:

[a]

A description of how stormwater management design complies with the provisions of the Township of Rapho stormwater requirements.

[b]

A conceptual description of exterior lighting. This description does not need to include photometrics, fixture type, support, and footer.

[3]

Traffic evaluation study.

[a]

A Traffic Impact Study (TIS) for assessing the traffic impacts associated with a proposed development, developed in accordance with in Article V of this chapter relating to traffic impact study and street classifications (§ 350-533) in shall be submitted. Scope of the TIS is to be approved by the Township of Rapho prior to data collection.

[b]

An addendum, the scope of which is acceptable to the Township of Rapho to an existing traffic impact study shall be submitted for a property that is the subject of a prior traffic impact study which includes an agreement for financial contributions. The addendum to a traffic impact study shall acknowledge any development issues that differ from the prior study. If applicable, additional contributions/recommended improvements shall credit and/or take into consideration in its analysis earlier traffic impact contributions/off-site improvements.

[c]

For all proposed developments that are not subject to an existing traffic impact study, see Article V of this chapter relating to Traffic Impact Study and Street Classifications (§ 350-533).

Day care, commercial. Commercial day cares shall be permitted subject to the following regulations:

(1)

The site shall be arranged to minimize the need for persons being "dropped off" and "picked up" to cross traffic lanes on or adjacent to the site.

(2)

Outdoor play areas shall:

(a)

Not be located in the front yard;

(b)

Be located at least 25 feet from any adjoining lot in the (R) Zone or residential zones, or otherwise comply with the accessory use and structure required yard setbacks for the applicable zone;

(c)

Be provided with a fence of at least four feet in height; and

(3)

Government use other than municipal use. Government uses other than municipal uses shall be permitted subject to the following regulations:

(1)

Hospital. Hospitals shall be permitted subject to the following regulations:

(1)

(2)

Emergency entrances shall be:

(a)

Located on a building wall which faces away from any adjoining lot in the (R) Zone or residential zones; and

(b)

Set back at least 300 feet from any adjoining lot in the (R) Zone or residential zones.

(3)

The site shall be arranged to minimize the need for persons being "dropped off" and "picked up" to cross traffic lanes on or adjacent to the site.

(4)

Adequate provision shall be made for the collection, disposal and recycling of garbage, trash and medical and hazardous waste.

(5)

Medical residential campus. Medical residential campuses shall be permitted subject to the following regulations:

(1)

(2)

Medical residential campuses shall primarily serve the needs of retirement-aged persons. At least one resident of each dwelling unit shall be at least 50 years old, or possess some disability that can be treated within a setting like the medical residential campus.

(3)

Medical residential campuses shall achieve a balanced residential/medical environmental which cannot be achieved through the use of conventional zoning techniques.

(4)

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

(5)

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

(6)

Buildings and structures containing:

(a)

Nonresidential use(s), off-street parking lots and loading areas shall be set back at least:

[1]

Seventy-five feet from adjoining lot in the (R) Zone or residential zones;

[2]

Fifty feet from any lot line of the medical residential campus property; and

(b)

Residential use(s) shall be set back at least 50 feet from any lot line of the medical residential campus property.

(7)

The maximum permitted overall density is 10 dwelling units per acre. For purposes of this subsection [§ 350-606G(7)], each 1 1/2 care beds associated with a medical use shall constitute one dwelling unit. No more than 50% of the total number of permitted dwelling units shall consist of care beds.

(8)

The maximum lot coverage shall be 60%.

(9)

Only those uses which provide a harmonious, balanced mix of medical, residential, limited commercial and recreational uses, primarily serving the medical residential campus residents, and public, quasi-public and medical services for the off-campus retirement-aged community will be permitted. Uses may include, but need not be limited to the following:

(a)

Dwellings; nursing, rest, and retirement homes; and congregate living facilities for the elderly or physically handicapped.

(b)

Medical facilities including offices, laboratories, clinics, professional or paramedical training centers, and ambulatory care facilities.

(c)

Commercial uses which are strictly related and subordinate to the residential/medical character of the medical residential campus, and limited to use only by the medical residential campus residents, employees, or their guests.

(d)

Recreational and social uses, such as athletic facilities, community centers, and assembly halls, limited to use only by the medical residential campus residents, employees, or their guests.

(10)

The site shall be arranged to minimize the need for persons being "dropped off" and "picked up" to cross traffic lanes on or adjacent to the site.

(11)

Adequate provision shall be made for the collection, disposal and recycling of garbage, trash and medical and hazardous waste.

(12)

Nursing, rest, and retirement facility. Nursing, rest, and retirement facilities shall be permitted subject to the following regulations:

(1)

In the (R-2) Zone, no more than seven occupants per acre shall be permitted, excluding the staff of the facility.

(2)

The site shall be arranged to minimize the need for persons being "dropped off" and "picked up" to cross traffic lanes on or adjacent to the site.

(3)

Adequate provision shall be made for the collection, disposal and recycling of garbage, trash and medical and hazardous waste.

(4)

Place of religious worship. Places of religious worship shall be permitted subject to the following regulations:

(1)

In the (A) Zone, places of worship shall be permitted by right subject to the following regulations:

(a)

The land area devoted to the use shall not be greater than two acres of lot area.

(b)

The total building area for the use shall contain no more than 2,000 square feet of gross floor area.

(2)

Otherwise:

(a)

(b)

Places of religious worship shall be permitted accessory uses limited to those principal and accessory uses permitted in the applicable zone, and said uses shall be located upon the same lot or any adjoining a lot containing a place of religious worship. Said uses shall comply with the requirements of the applicable use in the applicable zone, as well as all other requirements set forth elsewhere in this chapter.

(c)

The site shall be arranged to minimize the need for persons being "dropped off" and "picked up" to cross traffic lanes on or adjacent to the site.

(d)

School, K-12. K-12 schools shall be permitted subject to the following regulations:

(1)

In the (A) Zone, K-12 schools shall be permitted by right subject to the following regulations:

(a)

The land area devoted to the use shall not be greater than two acres of lot area.

(b)

The total building area for the use shall contain no more than 2,000 square feet of gross floor area.

(2)

Otherwise:

(a)

(b)

The site shall be arranged to minimize the need for persons being "dropped off" and "picked up" to cross traffic lanes on or adjacent to the site.

(c)

§ 350-607 Nonresidential uses—miscellaneous uses.

Billboard. Billboards shall be permitted subject to the following regulations:

(1)

Billboards shall comply with the regulations set forth in Article V of this chapter relating to general regulation for all signs in signs (§ 350-528A).

(2)

All billboards shall be set back at least:

(a)

One thousand feet of another billboard, unless located upon the same structure and placed:

[1]

"Back-to-back type" where the two billboard signs are at any point less than or equal to five feet from each another; or

[2]

"V-type" where the maximum interior angle formed by the two billboards is less than or equal to 30°;

(b)

Fifty feet from any side or rear lot line, except where the applicable side or rear lot line abuts a street right-of-way line;

[Amended 7-20-2023 by Ord. No. 2023-5]

(c)

Thirty-five feet from any adjoining street right-of-way line; provided, however, that where the adjoining street is a limited-access arterial street, 100 feet from the center line of the arterial street (in the case of a divided arterial street, 100 feet from the center line of the cartway nearest the proposed billboard); and

[Amended 7-20-2023 by Ord. No. 2023-5]

(d)

One hundred feet from any adjoining lot in the (R) Zone or residential zones.

(3)

No billboard shall exceed an overall size (sign area) of 300 square feet, nor exceed 25 feet in height; provided, however, that a billboard designed for primary visibility along a limited-access arterial street shall have a maximum sign area of 675 square feet and a maximum height of 45 feet.

[Amended 7-20-2023 by Ord. No. 2023-5]

(4)

All properties upon which a billboard is erected shall be regularly maintained so as not to create a nuisance by means of weeds, litter or vector habitation.

(5)

(6)

Electronic billboards shall be subject to the regulations for electronic message centers as set forth in Article III of this chapter relating to outdoor signs in Mixed-Use Commercial (MUC) Zone in additional layout, design, and other standards {§ 350-303D(2)(m)[10]}; provided, however, that electronic messages on billboards designed for primary visibility along a limited-access arterial street may change at a rate not to exceed one time per each ten-second period.

[Added 7-20-2023 by Ord. No. 2023-5]

(7)

Each billboard may include the logo, trademark or name of the company that owns the billboard not to exceed an overall size (sign area) of 15 square feet. Any such logo, trademark or name shall not be calculated in the maximum sign area of the billboard.

[Added 7-20-2023 by Ord. No. 2023-5]

Flag lot. Flag lots shall be permitted subject to the following regulations:

(1)

Flag lots shall comply with the applicable layout and design standards and requirements of the SLDO. Deviations from the standards and requirements listed in the SLDO that are proposed during the:

(a)

Subdivision/land development process shall be permitted to be requested and may be permitted as a modification according to the SLDO.

(b)

Zoning permit process that do not involve subdivision/land development review shall be permitted to be requested and may be permitted as a variance according to the provisions for a variance set forth in Article VIII of this chapter relating to variances in Zoning Hearing Board's functions (§ 350-805C).

(2)

Requirements for the "flag." The lot area, lot width, yard setbacks, and yard requirements of the applicable zone shall be measured exclusively upon the "flag." (See Figure 6-7.1.)

FIGURE 6.7.1

FLAG LOT DIAGRAM

(3)

The flag lot shall contain adequate driveway dimensions exclusively upon the "flag," designed to include an improved vehicle turnaround area to permit vehicles to maneuver in order that said vehicles can enter the street right-of-way in a forward direction.

(4)

Requirements for the "flagpole."

(a)

The "flagpole" shall not exceed 600 feet in length, unless additional length is needed to avoid:

[1]

The disturbance of productive agricultural land or some other significant natural or cultural feature; or

[2]

Disruption of efficient agricultural operations.

(b)

No part of the "flagpole" shall be used for any portion of an on-lot sewage disposal system, nor any other improvement except a driveway and other permitted improvements, such as landscaping, fencing, utility connections to off-site facilities, mailboxes, and signs.

(c)

The driveway or access drive, as applicable, contained on the "flagpole" shall be located a minimum of six feet from any lot line, and 20 feet from any existing structure on an adjoining lot.

(d)

No "flagpole" shall be located within 200 feet of another "flagpole" on the same side of the street, unless said flag lots use a shared driveway or access drive, as applicable, serving both flag lots as set forth in Article V of this chapter relating to lot access, access drives, and driveways (§ 350-515).

Manure digester energy production facility. Manure digester energy production facilities shall be permitted subject to the following regulations:

(1)

Manure digester energy production facilities shall be subject to the regulations set forth in Article V of this chapter relating to operations and performance standards (§ 350-521).

(2)

Manure digester energy production facilities shall comply with all the requirements of the applicable zone, except that all buildings, structures and facilities used as part of the manure digesting operations shall be set back at least:

(a)

Three hundred feet from any adjoining lot in the (R) Zone or Residential Zones; and

(b)

Two hundred feet of from any other lot line.

Solar energy production facility. Solar energy production facilities shall be subject to the following regulations:

(1)

The design and installation of solar energy production facilities shall conform to the most recent version of the IBC as referenced in the PA UCC adopted by the Township of Rapho, and with all other applicable Township requirements.

(2)

The layout, design, and installation of solar energy production facilities shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories, the American Society for Testing and Materials (ASTM), or other similar certifying organizations. The manufacturer specifications shall be submitted as part of the application.

(3)

For the purposes of this chapter, all "at grade" or "above grade" features and facilities relating to ground-mounted and/or freestanding solar energy production facilities including solar photovoltaic cells, panels, or arrays, or solar hot air or water collector device panels, lines, pumps, batteries, mounting brackets, framing, and foundations shall be considered impervious surface and subject to the maximum lot coverage requirements of the applicable zone, unless the applicant can demonstrate by credible evidence that stormwater will infiltrate into the ground beneath the solar energy production facilities at a rate equal to that of the infiltration rate prior to placement of the system.[1]

[1]

Editor's Note: Former Subsection D.4, regarding solar energy production facilities in the (A) Zone, which immediately followed this subsection, was repealed 9-15-2022 by Ord. No. 2022-4.

(4)

All solar energy production facilities shall be designed and located in order to prevent reflective glare toward any inhabited structure on adjacent properties as well as adjacent street rights-of-way.

(5)

To the extent feasible, all on-site utility and transmission lines shall be placed underground.

(6)

All solar energy production facilities shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties as well as adjacent street rights-of-way.

(7)

Solar energy production facilities mounted on the roof of any building shall be subject to the maximum height regulations specified within the applicable zone.

(8)

The total surface area of all ground-mounted and freestanding solar collectors including solar photovoltaic cells, panels, arrays, and solar hot air or water collector devices shall be included as part of the lot coverage requirements.

(9)

All mechanical equipment of solar energy production facilities including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate, and provided with screening in accordance with Article V of this chapter relating to screening and landscaping (§ 350-526).

(10)

Clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fence.

(11)

Solar energy production facilities shall be subject to the regulations set forth in Article V of this chapter relating to operations and performance standards (§ 350-521).

(12)

All applications for solar energy production facilities shall include the information required for a plot/site plan approval pursuant to Article IX of this chapter relating to plot/site plan in application for zoning permits for nonresidential uses in zoning permits [§ 350-902C(2)]. In addition, the applicant shall submit:

(a)

A completed glare study ensuring that reflective glare is not directed towards nor upon any adjacent properties or adjacent street rights-of-way. The glare study shall include:

[1]

Angle of the solar energy production facility panels at the location;

[2]

A diagram showing the maximum and minimum angles of reflective glare from the solar energy production facility panels at the location and the relationship of that glare to adjacent properties, structures and rights-of-way; and

[3]

Mitigation plan that limits or eliminates reflective glare on adjacent properties, structures, and rights-of-way.

(b)

Certification from a professional engineer licensed and registered to practice in the Commonwealth of Pennsylvania that the proposed installation of the solar energy production facility will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with any solar energy production facility, and applicable requirements of the most recent version of the IBC or IRC (as applicable) as referenced in the PA UCC adopted by the Township of Rapho;

(c)

Confirmation that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and also approves of such connection; and

(d)

A plan for the removal of the solar energy production facilities when it becomes functionally obsolete or is no longer in use. The solar energy production facility owner is required to notify the Township of Rapho immediately upon cessation or abandonment of the operation. The owner shall be responsible for the removal of the facility within 180 days from the date the applicant ceases use of the facility or the facility becomes obsolete. At the time of issuance of the permit for the construction of the solar energy production facilities, the owner shall provide financial security in form and amount acceptable to the Township of Rapho to secure the expense of dismantling and removing said structures.

(13)

Telecommunications tower. Telecommunications tower shall be subject to the following regulations:

(1)

Telecommunications tower sites include at least one telecommunications tower, but shall also include telecommunications antennas and telecommunications equipment buildings. Any permitted telecommunication building shall not have a building area of greater than 250 square feet.

(2)

No telecommunications tower site shall be located within 500 feet of:

(a)

Any adjoining land in the (R) Zone or residential zones;

(b)

Any adjoining lot containing an existing residential use;

(c)

The nearest adjoining lot line of any approved lot which has been subdivided during the last five years for residential use, which has not yet been developed or constructed; and

(d)

The nearest adjoining lot line of any lot proposed for residential uses which has been submitted for preliminary or final subdivision approval in accordance with the applicable plan review procedures and processes of the SLDO.

(3)

If the telecommunications tower site is located within the (A) Zone, the applicant shall demonstrate that the proposed location of the telecommunications tower on agricultural land:

(a)

Complies with the criteria set forth in Article III of this chapter relating to locational criteria in Agricultural (A) Zone in additional layout, design, and other standards [§ 350-301D(1)(b)] in agricultural and rural zones;

(b)

Is necessary for the efficient operation of the system;

(c)

That alternative locations outside of the (A) Zone are not available; and

(d)

That the area of the site is the minimum necessary to accommodate the proposed use.

(4)

Other standards of approval for telecommunications tower sites shall include the following:

(a)

Setbacks requirements. Telecommunications towers shall be:

[1]

Set back from lot lines a distance at least equal to the height of the antenna, including all guyed wires; and

[2]

Self-collapsing or have a clear fall area setback at least equal to the height of the structure and any attached antennas from lot lines.

(b)

Height requirements.

[1]

The maximum height of any single telecommunications tower located on a single site for one antenna shall be at the lowest height to function at the proposed location, based upon specific engineering data pertaining to the function of the telecommunications tower, to be supplied to the applicant.

[2]

A telecommunications tower may exceed the maximum allowable height to allow for the co-location of other telecommunications antennas, provided that the applicant shows evidence that the telecommunications tower will be a shared location site.

(c)

Telecommunications equipment buildings. Accessory buildings must conform to the accessory use and structure minimum required yard setbacks for the applicable zone.

(d)

To the extent feasible, all on-site utility and transmission lines shall be placed underground.

(e)

All telecommunications towers, and guy wire anchors which shall be clearly marked so as to be visible at all times, shall be:

[1]

Completely enclosed by a minimum eight-foot-high fence with a self-locking gate; or

[2]

The climbing apparatus shall be fully contained and locked within the tower structure.

(f)

Screening. The telecommunications tower and base compound shall be provided with screening in accordance with Article V of this chapter relating to screening and landscaping (§ 350-526).

(g)

Lighting and signs. Lighting and signs are subject to the following:

[1]

No signs shall be mounted on a telecommunications tower except as may be required by the FCC, FAA, or other governmental agency which has jurisdiction.

[2]

All telecommunications towers shall have lights as may be required by the FCC, FAA, or other governmental agencies which have jurisdiction. If lighting is not required by other agencies, then lighting acceptable to the Township of Rapho shall be required.

(h)

Telecommunications towers shall be painted or employ colors that best allows it to blend into the surroundings unless otherwise required by the FAA regulations. The use of grays, blues, and greens may be appropriate.

(5)

All applications for telecommunications tower sites shall include the information required for a plot/site plan approval pursuant Article IX of this chapter relating to plot/site plan in application for zoning permits for nonresidential uses in zoning permits [§ 350-902C(2)]. In addition, the applicant shall submit:

(a)

A plot/site plan showing:

[1]

Lot lines and physical dimensions of all areas of the subject property that are within a distance equal to two times the total height of the telecommunications tower.

[2]

Location, dimensions, and types of existing principal and accessory structures on the property.

[3]

Location of the proposed telecommunications tower, foundations, guy anchors, and associated equipment.

[4]

Adjoining public street right-of-way lines.

[5]

Any overhead utility lines.

(b)

A written report containing the following:

[1]

Information describing the telecommunications tower height and design.

[2]

A cross section of the structure.

[3]

Engineering specifications detailing construction of telecommunications tower, base, and guy wire anchorage.

[4]

Information describing the proposed painting and lighting schemes.

[5]

Information describing the telecommunications tower's capacity, including the number and type of telecommunications antennas that it can accommodate.

[6]

Certification that there is not suitable space on existing sites or structures where the intended facility can be accommodated and function as required without reasonable modification.

[7]

Technological evidence that the facility must go where proposed in order to satisfy its function in the grid system and provide the quality of service required by law.

[8]

Written authorization from the property owner of the proposed site.

[9]

Inventory of existing telecommunications towers and potential telecommunications antenna support structures within a two mile radius of the proposed site, discussing the unavailability of sites and reasons therefor.

[10]

Evidence of the applicant's good faith efforts to locate the telecommunications antenna on an existing structure.

[11]

Applicant shall demonstrate that they are licensed by the FCC to operate a telecommunications tower site.

(c)

Certification from a professional engineer licensed and registered to practice in the Commonwealth of Pennsylvania that the telecommunications tower has been designed and will be constructed in accordance with the current industry standards and applicable requirements of the most recent version of the IBC as referenced in the PA UCC adopted by the Township of Rapho. A copy of the foundation analysis shall also be provided.

(d)

A plan for the removal of the telecommunications tower when it becomes functionally obsolete or is no longer in use. The telecommunications tower owner is required to notify the Township of Rapho immediately upon cessation or abandonment of the operation. The owner shall be responsible for the removal of the facility within 180 days from the date the applicant ceases use of the facility or the facility becomes obsolete. At the time of issuance of the permit for the construction of the telecommunications tower, the owner shall provide financial security in form and amount acceptable to the Township of Rapho to secure the expense of dismantling and removing said structures.

(6)

Wind energy production facility. Wind energy production facilities shall be subject to the following regulations:

(1)

The design and installation of wind energy production facilities shall conform to the most recent version of the IBC as referenced in the PA UCC adopted by the Township of Rapho, and with all other applicable Township requirements.

(2)

The design and installation of all wind energy production facilities shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies, the American Society for Testing and Materials (ASTM), or other similar certifying organizations, or as approved under an emerging technology program such as the California Energy Commission, International Electotechnical Commission, or any other wind certification program recognized by the American Wind Energy Association (AWEA) or the U.S. Department of Energy. The manufacturer specifications shall be submitted as part of the application.

(3)

Wind energy production facilities shall not generate noise that is perceptible at the lot line. This regulation may be exceeded during short-term events such as utility outages and/or severe wind storms.

(4)

To the extent feasible, all on-site utility and transmission lines shall be placed underground.

(5)

All wind energy production facilities shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Manual regulation by wind energy system personnel shall not be considered a sufficient braking system for overspeed protection.

(6)

Wind energy production facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration (FAA).

(7)

Wind turbines and towers shall not display advertising, except for reasonable identification of the wind energy product facility's manufacturer. Such sign shall have an area of less than four square feet.

(8)

Wind turbines and towers shall be a non-obtrusive color such as white, off-white or gray.

(9)

All wind energy production facilities shall, to the extent feasible, be sited to prevent shadow flicker on any occupied building on adjacent property.

(10)

A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fence.

(11)

All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.

(12)

No portion of any wind energy production facility shall extend over parking areas, access drives, driveways or sidewalks.

(13)

All wind energy production facilities shall be independent of any other structure and shall be located a minimum distance of 1.1 times the turbine height from any inhabited structure, lot line, or overhead utility line.

(14)

The minimum height of the lowest position of the wind turbine shall be 30 feet above the ground.

(15)

All mechanical equipment of wind energy production facilities including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate, and provided with screening in accordance with Article V of this chapter relating to screening and landscaping (§ 350-526).

[Amended 9-15-2022 by Ord. No. 2022-4]

(16)

Wind turbines' climbing apparatus shall be limited to no lower than 12 feet from the ground or the wind turbines' climbing apparatus shall be fully contained and locked within the tower structure.

(17)

All applications for wind energy production facilities shall include the information required for a plot/site plan approval pursuant to Article IX of this chapter relating to plot/site plan in application for zoning permits for nonresidential uses in zoning permits [§ 350-902C(2)]. In addition, the applicant shall submit:

(a)

A plot/site plan showing:

[1]

Lot lines and physical dimensions of all areas of the subject property that are within a distance equal to two times the total height of the wind energy production facility.

[2]

Location, dimensions, and types of existing principal and accessory structures on the property.

[3]

Location of the proposed wind energy production facility tower, foundations, guy anchors, and associated equipment.

[4]

Adjoining public street right-of-way lines.

[5]

Any overhead utility lines.

(b)

Wind energy production facility specifications, including manufacturer and model, rotor diameter, tower height, and tower type — freestanding or guyed;

(c)

Certification from a professional engineer licensed and registered to practice in the Commonwealth of Pennsylvania that the tower has been designed and will be constructed in accordance with the current industry standards and applicable requirements of the most recent version of the IBC as referenced in the PA UCC adopted by the Township of Rapho, and with all other applicable Township requirements. A copy of the foundation analysis shall also be provided;

(d)

Confirmation that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and also approves of such connection; and

(e)

A plan for the removal of the wind energy production facility when it becomes functionally obsolete or is no longer in use. The wind energy production facility owner is required to notify the Township of Rapho immediately upon cessation or abandonment of the operation. The owner shall be responsible for the removal of the facility within 180 days from the date the applicant ceases use of the facility or the facility becomes obsolete. At the time of issuance of the permit for the construction of the wind energy production facility, the owner shall provide financial security in form and amount acceptable to the Township of Rapho to secure the expense of dismantling and removing said structures.

(18)

Communication antennas, structures, and equipment located in the street rights-of-way.

(1)

Communication antennas and equipment co-located on existing publicly owned or public utility owned structures within the rights-of-way of public streets and private streets shall be permitted by right in all zones.

(2)

New structures containing telecommunication antennas and equipment shall be permitted by conditional use within the rights-of-way of public or private streets within the Agricultural (A) Zone, Mixed Use Commercial (MUC) Zone, Commercial Recreation (CR) Zone, Highway Commercial (HC) Zone, and Industrial (IND) Zone with the following requirements:

(a)

Structures are prohibited in areas served by underground utilities. No telecommunications antennas, support structures or equipment shall be installed within a public street right-of-way or a private street right-of-way where utility facilities serving lots abutting such street are located underground. Telecommunications antennas, support structures, and equipment shall be installed only within rights-of-way of streets with existing overhead utility poles and overhead wires.

(b)

An application for a new telecommunications support structure in a street right-of-way shall not be approved unless the Township finds that the proposed telecommunications equipment cannot be accommodated on an existing support structure, such as a utility pole or traffic light pole. Any application for approval of a telecommunications facility and support structure shall include a comprehensive inventory of all existing structures and other suitable structures within a one-mile radius from the point of the proposed structure, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing or other suitable support structure cannot be utilized.

(c)

Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all telecommunications facilities and support structures in the public street right-of-way based on public safety, traffic management, physical burden on the public street right-of-way, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.

(d)

Equipment location of telecommunications support structures and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the public street right-of-way as determined by the Township. In addition:

[1]

In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of an existing curb.

[2]

Ground-mounted equipment that cannot be installed underground shall be fully screened using landscaping or other decorative features to the satisfaction of the Township.

[3]

Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.

[4]

Any graffiti on the structure or on any accessory equipment shall be removed at the sole expense of the owner within 30 business days of notice of the existence of the graffiti.

[5]

Any underground vaults related to telecommunications facilities shall be reviewed and approved by the Township.

(3)

Design regulations.

(a)

The telecommunications antennas and telecommunications support structure shall employ the most current stealth technology available to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the applicant shall be subject to the approval of the Township.

(b)

Any substantial change to an existing telecommunications facility shall require prior approval of the Township.

(c)

Any proposed telecommunications support structure shall be designed structurally, electrically, and in all respects to accommodate both the applicant's antennas and comparable antennas or future users, including antennas for public safety needs by emergency responders.

(d)

The height of any telecommunications support structure shall not exceed 40 feet. Any height extension to an existing telecommunications support structure shall require an additional special exception. Guy wires are not permitted. All telecommunications support structure shall be self-supporting.

(4)

The applicant shall allow and encourage other service providers to co-locate antennas on telecommunications support structures where technically and economically feasible. The owner of a telecommunications support structure shall not install any additional antennas without obtaining the prior written approval of the Township.

(5)

Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a telecommunications support structure and/or equipment in the public street right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any telecommunications support structure and/or equipment when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

(a)

The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way.

(b)

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

(c)

Vacation of a street or road or the release of a utility easement.

(d)

An emergency as determined by the Township.

(6)

Compensation for public street right-of-way use. Every telecommunications support structure and/or telecommunications equipment in the public street right-of-way is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the public street right-of-way. Such compensation for public street right-of-way use shall be directly related to the Township's actual public street right-of-way management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other public street right-of-way management activities by the Township. The owner of each telecommunications support structure and/or telecommunications equipment shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred with the activities described above. The annual public street right-of-way management fee for telecommunications support structures and/or telecommunications equipment shall be determined by the Township, authorized by resolution of the Board of Supervisors, and shall be based on the Township's actual public street right-of-way management costs as applied to such telecommunications support structure and/or telecommunications equipment.

(7)

The owner and/or lessee of any telecommunication antennas, support structures, and equipment located within a public street right-of-way shall be required to provide a certificate of insurance to the Township providing evidence of liability insurance of not less than $1,000,000 and naming the Township as an additional insured on the policy or policies of the owner and/or lessee.

(8)

The foregoing requirements shall not apply with respect to any entity that, as of December 12, 2017, already has the right to occupy the public street right-of-way pursuant to a franchise or other agreement with the Township, such as a cable television franchise.

§ 350-608 Accessory uses.

Accessory apartment. Accessory apartments shall be permitted subject to the following regulations:

(1)

Only one accessory apartment shall be established upon a lot. Including the principal dwelling, there shall be no more than a total of two dwelling units per lot.

(2)

The owner of the lot must reside on the premises.

(3)

Accessory apartments shall not be subdivided from the principal uses, and accessory apartments shall not be sold separately from the principal use.

(4)

Additions and alterations to principal dwellings for accommodating accessory apartments shall be made to the side or rear of the principal dwellings, into the side or rear yards as applicable; and no addition or alteration to principal dwellings for accommodating accessory apartments shall be made to front of the principal dwellings, into the front yard.

(5)

Accessory apartments shall have entrances separate from the entrances to the principal dwellings. Accessory apartments' entrances shall not be located on the front building wall (facing the street) of the principal dwelling.

(6)

Accessory apartments shall be connected to the principal dwellings via interior doorways as means of access for purposes of supervision and emergency response.

(7)

Accessory apartments shall have a habitable floor area of not more than:

(a)

Forty percent of the principal dwelling's habitable floor area; or

(b)

Seven hundred square feet;

Whichever is less.

(8)

Vehicular access to accessory dwelling units shall be limited to the same driveway or access drive connection, as applicable with the public street right-of-way that serves the principal use.

(9)

Accessory apartments shall be designed, sited, and constructed to have an appearance architecturally compatible with the principal dwelling, and which can readily be (re)converted into part of the principal dwelling when the accessory apartment is discontinued.

(10)

Utility connections.

(a)

Additional dwelling units shall physically be connected to the existing dwelling unit's sewage system, water supply system, and all other utilities.

(b)

No separate utility system or connection serving additional dwelling units shall be constructed or used, unless required by the PA DEP.

(c)

If individual on-lot sewage or water system are to be used, the applicant shall submit evidence that the total number of occupants of all the dwelling units on the site will not exceed the maximum capacities for which the systems were designed, unless those systems are to be expanded, in which case, the expansion approvals are to be submitted. Any connection to or addition to an existing individual on-lot sewage system shall be subject to the review and approval of the Township Sewage Enforcement Officer.

Accessory dwelling unit. Accessory dwelling units shall be permitted subject to the following regulations:

(1)

Only one accessory dwelling unit shall be established upon a lot. Including the principal dwelling, there shall be no more than a total of two dwelling units per lot.

(2)

The owner of the lot must reside on the premises.

(3)

Accessory dwelling units shall not be subdivided from the principal use, and accessory dwelling units shall not be sold separately from the principal use.

(4)

Accessory dwelling units shall comply with the principal use and structure required yard setbacks for the applicable zone.

(5)

Accessory dwelling units shall be installed and located on the same lot as the principal use, but only within the side or rear yards, and shall comply with principal use and structure required yard setbacks for the applicable zone.

(6)

Accessory dwelling units shall have a habitable floor area of not more than:

(a)

Forty percent of the principal dwelling's habitable floor area; or

(b)

Nine hundred square feet,

Whichever is less.

(7)

Accessory dwelling units shall be set back a minimum of 10 feet from the principal building.

(8)

Vehicular access to accessory dwelling units shall be limited to the same driveway or access drive connection, as applicable with the public street right-of-way that serves the principal use.

(9)

New accessory buildings constructed for accessory dwelling units shall be designed, sited, and constructed to have an appearance architecturally compatible with the principal dwelling, and which can readily be converted to another permitted accessory use, or removed, if the accessory dwelling unit is discontinued.

(10)

Utility connections.

(a)

Additional dwelling units shall physically be connected to the existing dwelling unit's sewage system, water supply system, and all other utilities.

(b)

No separate utility system or connection serving additional dwelling units shall be constructed or used, unless required by the PA DEP.

(c)

If individual on-lot sewage or water systems are to be used, the applicant shall submit evidence that the total number of occupants of all the dwelling units on the site will not exceed the maximum capacities for which the systems were designed, unless those systems are to be expanded, in which case the expansion approvals are to be submitted. Any connection to or addition to an existing individual on-lot sewage system shall be subject to the review and approval of the Township Sewage Enforcement Officer.

Accessory employee dwelling. Accessory employee dwellings shall be permitted subject to the following regulations:

(1)

Accessory employee dwellings may be established via only one of the following options per lot:

(a)

Accessory apartments complying with the regulations set forth in Article VI of this chapter relating to accessory apartment in accessory use regulations (§ 350-608A).

(b)

Accessory dwelling units complying with the regulations set forth in Article VI of this chapter relating to accessory dwelling unit in accessory use regulations (§ 350-608B).

(c)

(2)

In lieu of the plot/site plan required to be submitted as set forth in Article VIII of this chapter relating to temporary dwelling units complying with the regulations set forth in Article VI of this chapter relating to temporary dwelling unit in temporary use regulations (§ 350-609B). Plot/site plan in filing requirements for special exceptions in special exceptions in Zoning Hearing Board's functions [§ 350-805B(1)(c)], applicants shall be permitted to submit an abbreviated plot/site plan as part of the application for special exception approval. The abbreviated plot/site plan shall be in accordance with Article IX of this chapter relating to plot/site plan in application for all zoning permits in zoning permits [§ 350-902C(2)].

Accessory family member dwelling. Accessory family member dwellings shall be permitted subject to the following regulations:

(1)

For purposes of this use, permitted family members shall be limited to those individuals related by blood, marriage, legal guardianship, licensed or court-appointed foster care, or legal adoption, to the owner of the lot.

(2)

No more than two family members shall reside in each accessory family member dwelling.

(3)

Accessory family member dwellings may be established via only one of the following options per lot:

(a)

Accessory apartments complying with the regulations set forth in Article VI of this chapter relating to accessory apartment in accessory use regulations (§ 350-608A).

(b)

Accessory dwelling units complying with the regulations set forth in Article VI of this chapter relating to accessory dwelling unit in accessory use regulations (§ 350-608B).

(c)

Temporary dwelling units complying with the regulations set forth in Article VI of this chapter relating to temporary dwelling unit in temporary use regulations (§ 350-609B).

Agricultural product marketing/sales. Agricultural product marketing/sales shall be permitted subject to the following regulations:

(1)

Agricultural product marketing/sales shall be owned or operated by the landowner, landowner's immediate family member, or the operator or employee, of the active agricultural operation or agribusiness.

(2)

At least 50% of the agricultural products displayed or offered for sale at the agricultural product marketing/sales stand shall be produced by the landowner, landowner's immediate family member, or the operator or employee of the agricultural operation or agribusiness.

(3)

Agricultural product marketing/sales stands and related parking may be located in any front yard area, provided they are at least 50 feet from any lot line.

(4)

To the maximum extent feasible, the agricultural product marketing/sales stand shall be conducted within an existing agriculture or other accessory building:

(a)

However, any new building constructed for use by the agricultural product marketing/sales stand shall be located no less than 50 feet from any lot line.

(b)

New accessory building constructed for use by the agricultural product marketing/sales stand shall be designed, sited, and constructed so that it is compatible with other buildings on the lot, and which can readily be converted to another permitted accessory use, or removed, if the agricultural product marketing/sales stand is discontinued.

(5)

The land area devoted to the agricultural product marketing/sales stand shall occupy nor more than two acres of lot area. However, any driveway or access drive, as applicable, serving the agricultural product marketing/sales stand the active agricultural operation or agribusiness, shall not be calculated as land serving the agricultural product marketing/sales stand.

(6)

No more than 50% of the land area devoted to an agricultural product marketing/sales stand shall be covered by buildings, structures, parking or loading areas, storage/display areas, lot coverage, or any other impervious surfaces.

(7)

Vehicular access to the agricultural product marketing/sales stand shall be limited to the same driveway or access drive connection, as applicable with the public street right-of-way that serves the active agricultural operation or agribusiness. No additional lot access or street connections shall be permitted for the agricultural product marketing/sales stand.

(8)

Only one agricultural product marketing/sales stand per agricultural operation or agribusiness shall be permitted.

(9)

Outside display shall be permitted in accordance with Article VI of this chapter relating to outside display in accessory use regulations (§ 350-608V), except that agricultural products need not be on an improved surface.

(10)

All portable structures and signs used as part of the agricultural product marketing/sales stand shall be removed or shall be stored in an enclosed structure at the end of the harvesting season.

(11)

Agricultural support occupation. Agricultural support occupations shall be permitted subject to the following regulations:

(1)

Agricultural support operations shall be owned or operated by the landowner, landowner's immediate family member, or the operator or employee, of the active agricultural operation or agribusiness; or a resident of the lot upon which the active agricultural operation or agribusiness occurs.

(2)

Agricultural support occupations may involve a limited range of business uses, such as:

(a)

Excavating contractor;

Landscaping service;

Sawmill;

Machine shop;

Carpentry/woodworking;

(f)

Compost sales; and

(g)

Other similar activities, that may be determined on a case-by-case basis if the use meets the purpose and intent of the regulations, as long as they remain secondary and clearly incidental to, and compatible with, the active agricultural operation or agribusiness.

(3)

No more than four nonresidents shall be employed by the agricultural support occupation.

(4)

The owner of the agricultural support occupation shall reside on the premises, and at least one resident shall be engaged in the agricultural support occupation. Proof of residency shall be provided.

(5)

Except as otherwise provided in this subsection relating to agricultural support occupation (§ 350-608F), all activities associated with agricultural support occupation shall take place within completely enclosed buildings. To the maximum extent feasible, the agricultural support occupation shall be conducted within an existing agriculture or other accessory building:

(a)

However, any new building constructed for use by the agricultural support occupation shall be located no less than 50 feet from any lot line.

(b)

New accessory building constructed for use by the agricultural support occupation shall be designed, sited, and constructed so that it is compatible with other buildings on the lot, and which can readily be converted to another permitted accessory use, or removed, if the agricultural support occupation is discontinued.

(6)

The sales of goods or merchandise may occur on the premises, limited to those goods or merchandise that are customarily incidental to the agricultural support occupation and directly related thereto.

(7)

Outside display shall be permitted in accordance with Article VI of this chapter relating to outside display in accessory use regulations (§ 350-608V).

(8)

All loading and outside storage areas associated with the agricultural support occupation shall be provided with a landscape screening strip in accordance with Article V of this chapter relating to screening and landscaping (§ 350-526):

(a)

Loading areas shall be located to the side or rear (behind) of the accessory building containing the agricultural support occupation; and

(b)

Outside storage areas shall be located to the rear (behind) the accessory building containing the agricultural support occupation.

(9)

No part of an agricultural support occupation shall be located within 50 feet of any lot line.

(10)

The land area devoted to the agricultural support occupation shall occupy nor more than two acres of lot area. However, any driveway or access drive, as applicable, serving the active agricultural operation or agribusiness, shall not be calculated as land serving the agricultural support occupation.

(11)

No more than 50% of the land area devoted to an agricultural support occupation shall be covered by buildings, structures, parking or loading areas, storage/display areas, lot coverage, or any other impervious surfaces.

(12)

Vehicular access to the agricultural support occupation shall be limited to the same driveway or access drive connection, as applicable with the public street right-of-way that serves the active agricultural operation or agribusiness. No additional lot access or street connections shall be permitted for the agricultural support occupation.

(13)

If more than one agricultural support occupation is accessory to the active agricultural operation or agribusiness, the total aggregate impact of the agricultural support occupations shall be considered in determining compliance with this chapter. In any case, no more than four nonresident employees shall be permitted to work on site at one time.

(14)

(15)

In lieu of the plot/site plan required to be submitted as set forth in Article IX of this chapter relating to plot/site plan in filing requirements for conditional use in conditional uses [§ 350-906A(3)], applicants shall be permitted to submit an abbreviated plot/site plan as part of the application for conditional use approval. The abbreviated plot/site plan shall be in accordance with Article IX of this chapter relating to plot/site plan in application for all zoning permits in zoning permits [§ 350-902C(2)].

Agritainment/agritourism. Agritainment/agritourism uses shall be permitted subject to the following regulations:

(1)

A traffic study shall be prepared in accordance with Article V of this chapter relating to Traffic Impact Study and Street Classifications (§ 350-533).

(2)

Agritainment/agritourism use(s) shall be owned or operated by the landowner, landowner's immediate family member, or the operator or employee of the active agricultural operation or agribusiness; or a resident of the of the lot upon which the active agricultural operation or agribusiness occurs.

(3)

Agritainment/agritourism use(s) may involve a limited range of business uses, such as:

Corn maze;

Hay ride;

Petting farm;

On-farm tour with demonstrations of agricultural practices, techniques and methods;

(e)

Other similar agricultural related activities, that may be determined on a case-by-case basis if the use meets the purpose and intent of the regulations; and

Weddings;

Concerts;

Banquets;

Other similar nonagricultural entertainment oriented gatherings, events, fairs, festivals and related activities that may be determined on a case-by-case basis if the use meets the purpose and intent of the regulations, as long as they are directly related to, remain secondary and clearly incidental to, and compatible with, the active agricultural operation or agribusiness.

(4)

All buildings within which the agritainment/agritourism use(s) are conducted shall be designed and constructed in compliance with the most recent version of the IBC as referenced in the PA UCC adopted by the Township of Rapho.

(5)

To the maximum extent feasible, the agritainment/agritourism use(s) shall be conducted within an existing agriculture building or other accessory building. All portable structures and signs used as part of the agritainment/agritourism use(s) shall be removed or shall be stored in an enclosed structure at the end of the harvesting season.

(a)

However, any new building constructed for use by the agritainment/agritourism use(s) shall be located no less than 50 feet from any lot line.

(b)

Any new building constructed for use by the agritainment/agritourism use(s) shall be of a design so that it is compatible with the surrounding buildings and can be readily converted to another permitted use, or removed, if the agritainment/agritourism use(s) is discontinued.

(6)

The sales of goods or merchandise may occur on the premises, limited to those goods or merchandise that are produced on the premises, or are customarily incidental to the agritainment/agritourism use(s) and directly related thereto.

(7)

Outside displays and outside sales shall be permitted in accordance with Article VI of this chapter relating to outside display in accessory use regulations (§ 350-608V) and Article V of this chapter relating to outside storage (§ 350-523).

(8)

All parking, loading, outside storage, areas associated with the agritainment/agritourism use(s) shall:

(a)

Comply with the loading, outside storage and outside display regulations set forth in Article V and Article VI of this chapter; and

(b)

Be provided with a landscape screening strip in accordance with Article V of this chapter relating to screening and landscaping (§ 350-526).

(9)

No part of an agritainment/agritourism use shall be located within 50 feet of any lot line.

(10)

To the maximum extent feasible, vehicular access to the agritainment/agritourism uses shall be limited to the same driveway or access drive connection, as applicable with the public street right-of-way that serves the active agriculture operation or agribusiness.

(11)

(12)

In lieu of the plot/site plan required to be submitted as set forth in Article VIII of this chapter relating to plot/site plan in filing requirements for special exceptions in special exceptions in Zoning Hearing Board's functions [§ 350-805B(1)(c)], applicants shall be permitted to submit an abbreviated plot/site plan as part of the application for special exception approval. The abbreviated plot/site plan shall be in accordance with Article IX of this chapter relating to plot/site plan in application for all zoning permits in zoning permits [§ 350-902C(2)].

Automated banking or postal facility. Automated banking or postal facilities shall be permitted subject to the following regulations:

(1)

All drive-through automated banking or postal facilities shall be permitted subject to the regulations for drive-through uses set forth in Article VI of this chapter relating to drive-through facility for permitted uses in accessory use regulations (§ 350-608L).

(2)

Bed-and-breakfast. Bed-and-breakfasts for permitted uses shall be permitted subject to the following regulations:

(1)

The lot proposed for development shall contain a single-family detached dwelling, and all tenant/guest rooms shall be located within the principal building.

(2)

The total number of tenant/guest rooms permitted for rent shall be five and the bed-and-breakfast shall not accommodate more than 10 tenants/guests total.

(3)

All tenant/guest rooms shall be limited to two tenants/guests each.

(4)

All buildings permitted to be used as bed-and-breakfasts shall maintain an exterior appearance that resembles and is compatible with most of the existing dwellings in the neighborhood. No modification to the external appearances of the building (except fire and safety requirements) which would alter its residential character shall be permitted.

(5)

The owner or resident manager of the bed-and-breakfast shall reside upon the premises. Proof of residency shall be provided.

(6)

Overnight guests shall not occupy the facility for more than 14 consecutive nights in a thirty-day period.

(7)

No cooking facilities shall be provided or permitted in individual guest bedrooms.

(8)

The applicant shall submit an hours of operation and management plan in accordance with Article V of this chapter relating to hours of operation and management plan in application for zoning permits for nonresidential uses in zoning permits [§ 350-902C(3)] demonstrating how on-site activities are appropriately scheduled, operated, and maintained to protect the existing neighborhood and nearby residential uses from detrimental noise, disturbance, or interruption.

(9)

Beekeeping. Beekeeping shall be permitted subject to the following regulations:

(1)

This use shall comply with the most recent version of the best management practices for maintaining European honeybee colonies in the Commonwealth of Pennsylvania.

Day care, family. Family day cares shall be permitted subject to the following regulations:

(1)

All principal structures permitted to be family day care facilities shall maintain an exterior appearance that resembles and is compatible with most of the existing dwellings in the neighborhood. No modification to the external appearances of the building (except fire and safety requirements) which would alter its residential character shall be permitted.

(2)

The site shall be arranged to minimize the need for persons being "dropped off" and "picked up" to cross traffic lanes on or adjacent to the site.

(3)

Outdoor play areas shall:

(a)

Not be located in the front yard;

(b)

Be set back at least 20 feet from adjoining lot in the (R) Zone or residential zones, or otherwise comply with the accessory use and structure required yard setbacks for the applicable zone;

(c)

Be provided with a fence of at least four feet in height; and

(d)

Be oriented, arranged, and provided with a landscape screening strip in accordance with Article V relating to screening and landscaping (§ 350-526) to prevent any objectionable noise impact on any adjoining lot in the (R) Zone or residential zones.

(4)

(5)

In lieu of the plot/site plan required to be submitted as set forth in Article VIII of this chapter relating to plot/site plan in filing requirements for special exceptions in special exceptions in Zoning Hearing Board's functions [§ 350-805B(1)(c)], applicants shall be permitted to submit an abbreviated plot/site plan as part of the application for special exception approval. The abbreviated plot/site plan shall be in accordance with Article IXof this chapter relating to plot/site plan in application for all zoning permits in zoning permits [§ 350-902C(2)].

Drive-through facility for permitted uses. Drive-through facilities for permitted uses shall be permitted subject to the following regulations:

(1)

(2)

Drive-throughs shall:

(a)

Be located on a building wall which faces away from any adjoining lot in the (R) Zone or residential zones; and

(b)

Comply with the accessory use and structure required yard setbacks for the applicable zone

(3)

Stacking facilities for drive-through facilities shall be provided, in accordance with Article V of this chapter relating to vehicle queuing standards (§ 350-534).

(4)

Helicopter pad, private. Private helicopter pads shall be permitted subject to the following regulations:

(1)

In the (A) Zone, private helicopter pads shall be permitted as an accessory use to an agricultural operation or agribusiness.

(2)

No part of a takeoff/landing pad shall be located nearer than 300 feet from any lot line.

(3)

Home occupation. Home occupations shall be permitted subject to the following regulations:

(1)

In the agricultural and rural zones or the residential zones, home occupations may involve a limited range of commercial uses such as:

(a)

Office, business and professional;

Office, medical;

Office, veterinary;

Personal services;

Tutoring and individualized instruction;

(f)

Other similar uses involving services to clients/patrons on an appointment basis, that may be determined on a case-by-case basis if the use meets the purpose and intent of the regulations, as long as it remains secondary and clearly incidental to and compatible with the residential dwelling.

(2)

In all other zones, home occupations may involve the limited range of business uses set forth in the applicable zone, as long as it remains secondary and clearly incidental to and compatible with the residential dwelling. Except that no home occupation shall include an adult-oriented business and/or related use.

(3)

No more than a total of 20 trips per day to the site, including parcel delivery services, may be generated.

(4)

No more than one occupation shall be permitted per lot.

(5)

No more than two nonresidents shall be employed by the home occupation.

(6)

The owner of the home occupation shall reside on the premises, and at least one resident shall be engaged in the home occupation. Proof of residency shall be provided.

(7)

The home occupation may be located in the principal dwelling unit and/or an accessory building. Home occupations in accessory buildings shall not otherwise occupy ground floor, off-street garage floor area/space, thereby displacing required off-street parking spaces provided on the lot.

(8)

Any permitted home occupation use shall maintain an exterior appearance that resembles and is compatible with most of the existing dwelling on the lot and in the neighborhood. No modifications to the external appearance of the building used for the home occupation (except fire escapes) which would alter its residential character shall be permitted.

(9)

All business activities shall take place in a completely enclosed building. No outside storage, unenclosed storage, or outside display related to the home occupation shall be permitted.

(10)

Home occupations shall be limited to not more than 25% of the habitable floor area of the principal dwelling unit, or 500 square feet of gross floor area, whichever is less, even if the home occupation is conducted within an accessory building.

(11)

No sales of any goods or merchandise shall occur on the premises other than those goods or merchandise which are produced on the premises or are customarily incidental to the accessory home occupation and directly related thereto, such as hair care products by a barber or beautician.

(12)

No goods shall be displayed or stored so as to be visible from any lot line.

(13)

The home occupation shall not require delivery or pickup by tractor-trailer trucks.

(14)

(15)

(16)

The applicant shall submit the following signed and notarized statement:

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

Manure digester system. Manure digester systems shall be permitted subject to the following regulations:

(1)

[1]

Editor's Note: See now 3 Pa.C.S.A. § 501 et seq.

[2]

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

Manure storage facility. Manure storage facilities shall be permitted subject to the following regulations:

(1)

Mobile concession/street vendor. mobile concession/street vendors shall be permitted subject to the following regulations:

(1)

Mobile concession/street vendor service shall not include drive-through facilities.

(2)

Mobile concession/street vendor equipment shall be stored in an enclosed structure after normal operating hours.

No-impact home occupation. No-impact home occupations shall be permitted subject to the following regulations:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

The business may not involve any illegal activity.

Noncommercial keeping of livestock. Noncommercial keeping of livestock shall be permitted subject to the following regulations:

(1)

Table 6-8.1 in this subsection below, lists requirements by size of animals permitted to be kept:

Table 6-8.1 Non-Commercial Keeping of Livestock Requirements
Animal Group	Average Adult Weight¹	Maximum Animal Density Per Acre	Minimum Lot Area (square feet)	Additional Standards	Minimum Setbacks from all Lot Lines^{2, 3} (feet)
1	Less than 10 pounds	12	43,560	N/A	5
2	Equal to or greater than 10 pounds but less than 250 pounds	4	87,120	Minimum of 65,340 square feet must be dedicated to keeping of said livestock, but the minimum lot area for the principal use in the applicable zone shall also be complied with	25
3	Equal to or greater than 250 pounds	1	87,120	Minimum of 65,340 square feet must be dedicated to keeping of said livestock, but the minimum lot area for the principal use in the applicable zone shall also be complied with	50

NOTES:
¹	Refer to the most recent version of Agronomy Facts #54 Pennsylvania's Nutrient Management Act (Act 38): Who Is Affected?; The Pennsylvania State University, 2010.
²	The minimum setback requirements shall not apply to fences.
³	Structures, except fences, directly related to and used as part of the keeping of the livestock shall not be permitted within the front yard, unless a minimum 100-foot setback is provided.

(2)

The keeping of a combination of animal types (Groups 1, 2 and/or 3) shall require an animal density equal to the ratio of the number of animals, by type. Should one structure be used to house a combination of animal types, the most restrictive setback shall apply.

(3)

All riding, boarding, and pasture areas shall be securely fenced to prevent the escape of animals.

(4)

The applicant shall submit a working plan that demonstrates how any areas used for riding and pasture shall be maintained in acceptable vegetative cover.

(5)

Outdoor furnace. Outdoor furnaces shall be permitted subject to the following regulations:

(1)

The design and installation of outdoor furnaces shall conform to the EPA Phase 2 emission standards, other applicable industry standards, and the manufacturer's specifications. The manufacturer's specifications shall be submitted as part of the application.

(2)

All outdoor furnaces shall be set back at least 150 feet from any lot line, or any inhabited dwelling not located on the lot on which the outdoor furnace is proposed, whichever is greater.

(3)

All outdoor furnaces shall have a permanent attached stack. The minimum height of all stacks shall be 20 feet above the ground and otherwise installed according to the manufacturer's specifications.

(4)

Outdoor furnaces shall be equipped with a properly functioning spark arrestor.

Outside cafe/dining. Outside cafes/dining facilities shall be permitted subject to the following regulations:

(1)

Outside cafe/dining furnishings shall be limited to tables, chairs, umbrellas, benches, trash/recycling receptacles, outdoor heaters, and reservation podiums.

(2)

Outside cafe/dining furnishings shall be stored in an enclosed, secured structure after normal operating hours.

(3)

The limits of the outside cafe/dining area shall be defined via the use of decorative fencing and landscaping, decorative planters, posts with ropes, or other removable enclosures, as well as reservation podiums.

(4)

The applicant shall submit an hours of operation and management plan in accordance with Article of this chapter relating to hours of operation and management plan in application for zoning permits for nonresidential uses in zoning permits [§ 350-902C(3)] demonstrating how on-site activities are appropriately scheduled, operated, and maintained to protect the existing neighborhood and nearby residential uses from detrimental noise, disturbance, or interruption.

Outside display. Outside display shall be permitted subject to the following regulations:

(1)

In no case shall the location of such outside display area occur within any area used for pedestrian or vehicular circulation, parking or loading, or emergency vehicle access (e.g., fire lanes).

(2)

Outside display areas shall be kept in an orderly fashion to permit access and circulation for customers and patrons as well as emergency response.

(3)

All portions of a lot used for outside display shall be provided with an improved surface as set forth in Article V of this chapter relating to improved surfaces (§ 350-513).

(4)

Roadside stand. Roadside stands shall be permitted subject to the following regulations:

(1)

All of the agricultural products displayed or offered for sale at the roadside stand shall be produced by the landowner, the landowner's immediate family member, or a resident of the of the lot.

(2)

Any structure used as part of the stand for display and sales agricultural products shall be no more than 300 square feet.

(3)

Roadside stands and related parking may be located in any front yard area, provided they are at least 10 feet from any lot line.

(4)

Only one roadside stand per lot shall be permitted.

(5)

(6)

All portable structures and signs used as part of the roadside stand shall be removed or shall be stored in an enclosed structure at the end of the harvesting season.

Rural occupation. Rural occupations shall be permitted subject to the following regulations:

(1)

Rural occupations may involve a wide range of business uses, as long as it remains secondary and clearly incidental to and compatible with the single-family detached dwelling.

(2)

No more than a total of 20 trips per day to the site, including parcel delivery services, may be generated.

(3)

No more than one occupation shall be permitted per lot.

(4)

No more than four nonresidents shall be employed by the rural occupation.

(5)

The owner of the rural occupation shall reside on the premises, and at least one resident shall be engaged in the rural occupation. Proof of residency shall be provided.

(6)

Except as otherwise provided in this subsection to rural occupation (§ 350-608X) all activities associated with the rural occupation shall take place within one completely enclosed building. To the maximum extent feasible, the rural occupation shall be conducted within an existing agriculture or other accessory building:

(a)

However, any new building constructed for use by the rural occupation shall be located to the rear (behind) of the single-family detached dwelling, and shall be no less than 50 feet from any lot line.

(b)

New accessory buildings constructed for rural occupations shall be designed, sited, and constructed to have an appearance architecturally compatible with the principal dwelling, and which can readily be converted to another permitted accessory use, or removed, if the rural occupation is discontinued.

(c)

Any new building constructed shall not have a building footprint/coverage larger than the existing single-family detached dwelling.

(7)

The sales of goods or merchandise may occur on the premises, limited to those goods or merchandise that are produced on the premises, or are customarily incidental to the rural occupation and directly related thereto.

(8)

All loading and outside storage areas associated with the rural occupation shall be provided with a landscape screening strip in accordance with Article V of this chapter relating to screening and landscaping (§ 350-526):

(a)

Loading areas shall be located to the side or rear (behind) of the accessory building containing the agricultural support occupation; and

(b)

Outside storage areas shall be located to the rear (behind) the accessory building containing the agricultural support occupation.

(9)

No part of a rural occupation shall be located within 50 feet of any lot line.

(10)

The land area devoted to the rural occupation shall occupy no more than two acre of lot area. However, any driveway serving the rural occupation and the single-family detached dwelling, shall not be calculated as land serving the rural occupation.

(11)

No more than 50% of the land area devoted to a rural occupation shall be covered by buildings, structures, parking or loading areas, storage/display areas, lot coverage, or any other impervious surfaces.

(12)

Vehicular access to the rural occupation shall be limited to the same driveway connection with the public street right-of-way that serves the single-family detached dwelling. No additional roadway connection shall be permitted for the rural occupation.

(13)

The applicant shall an hours of operation and management plan in accordance with Article IX of this chapter relating to hours of operation and management plan in application for zoning permits for nonresidential uses in zoning permits [§ 350-902C(3)] demonstrating how on-site activities are appropriately scheduled, operated, and maintained to protect the existing neighborhood and nearby residential uses from detrimental noise, disturbance, or interruption.

(14)

Shopping cart storage. Shopping cart storage shall be permitted subject to the following regulations:

(1)

Shopping carts may be collected and stored in an area immediately adjacent to the principal building's front building wall or storefront (upon sidewalks, or under a canopy), and/or within the parking lot.

(2)

Shopping cart collection and storage may be located:

(a)

On sidewalks, under canopies, or in an area immediately adjacent to the principal building's front building wall or storefront, provided that such location provides clear pedestrian access (sidewalk or other area) at least eight feet wide adjoining the principal building's front building wall or storefront; or

(b)

Within the parking lot, provided that such location does not occur within any area for required vehicular circulation, parking, and loading, or emergency vehicle access (e.g., fire lanes). Within parking lots, such shopping cart collection and storage areas shall be specifically delineated from the adjoining parking lot by the use of identifiable barriers (e.g., roofed structures, fencing, etc.).

§ 350-609 Temporary uses.

Seasonal sidewalk display. Seasonal sidewalk displays shall be permitted subject to the following regulations:

(1)

Only seasonal merchandise may be displayed, and shall be limited to the calendar periods between April 1 and October 1, and November 25 and January 5, of each year.

(2)

The location of such seasonal sidewalk display areas shall be:

(a)

Limited to sidewalks (excluding sidewalks within the public right-of-way), under canopies, or other in an area immediately adjacent to the principal building's front building wall or storefront; and

(b)

Arranged to provide clear pedestrian access (sidewalk or other area) at least eight feet wide adjoining the principal building's front building wall or storefront.

(3)

In no case shall the location of said seasonal sidewalk display areas occur within any area required for vehicular circulation, parking, and loading, nor emergency vehicle access (e.g., fire lanes).

(4)

In no case shall said seasonal sidewalk display area exceed 75% of the length of the principal building's front building wall.

(5)

Temporary dwelling unit. Temporary dwelling units shall be permitted subject to the following regulations:

(1)

Only one temporary dwelling unit shall be established upon a lot. Including the principal dwelling, there shall be no more than a total of two dwelling units per lot.

(2)

The owner of the lot must reside on the premises.

(3)

Temporary dwelling units shall not be subdivided from the principal use, and temporary dwelling units shall not be sold separately from the principal use.

(4)

Temporary dwelling units shall be installed and located on the same lot as the principal use, but only within the side or rear yards, and shall comply with principal use and structure required yard setbacks for the applicable zone.

(5)

Temporary dwelling units shall be set back a minimum of 10 feet from the principal building.

(6)

Temporary dwelling units shall have a habitable floor area of not more than:

(a)

Forty percent of the principal dwelling's habitable floor area; or

(b)

Nine hundred square feet, whichever is less.

(7)

Vehicular access to temporary dwelling units shall be limited to the same driveway or access drive connection, as applicable, with the public street right-of-way that serves the principal use.

(8)

Utility connections.

(a)

Additional dwelling units shall physically be connected to the existing dwelling unit's sewage system, water supply system, and all other utilities.

(b)

No separate utility system or connection serving additional dwelling units shall be constructed or used, unless required by the PA DEP.

(c)

(9)

Temporary dwelling units shall be designed, sited, and constructed to easily be removed when the temporary dwelling unit is discontinued.

(10)

Temporary dwelling units shall be removed from the property within three months after they are no longer occupied by occupants who qualify for the use. Applicants are required to post a bond with the Township of Rapho for a value equal to the cost of lawful removal of the temporary dwelling units from the property, prior to issuance of a zoning permit for the proposed use.

(11)

Upon the proper installation of temporary dwelling units, the Township Zoning Officer shall issue temporary zoning permits. Such permits shall be reviewed every 12 months until such time as temporary dwelling units are required to be removed.