It is the intent of this article to provide special controls
and regulations for particular uses that may be permitted by right
or by special exception within the various zoning districts established
in this chapter. Special exception uses are deemed to be permitted
uses in their respective districts, subject to the satisfaction of
the requirements and standards set forth in this article, in addition
to all other requirements of this chapter. All such uses are hereby
declared to possess characteristics of such unique and special forms
that each specific use shall be considered as an individual case.
The Zoning Hearing Board may grant approval of a special exception
provided that the applicant complies with the standards for special
exceptions set forth in this article and demonstrates that the proposed
special exception shall not be detrimental to the health, safety,
and welfare of the neighborhood. The burden of proof shall rest with
the applicant. In granting a special exception, the Zoning Hearing
Board may attach such reasonable conditions and safeguards in addition
to those expressed in this chapter, as it may deem necessary to implement
the purposes of this chapter.
The procedure for consideration of a special exception shall follow the procedure for review and hearings as stated in Article XXVIII of this chapter.
In addition to any plan informational requirements for a specific
land use identified in this article, a special exception application
shall be accompanied by a scaled drawing of the site with sufficient
detail and accuracy to demonstrate compliance with all applicable
provisions of this chapter and shall include the following:
A.
The location of all buildings, parking areas, traffic access and
circulation drives, open spaces, landscaping, and other pertinent
information.
B.
The names and addresses of adjoining property owners, including properties
directly across a street right-of-way.
C.
Ground floor plans and building elevations of proposed structures.
D.
A written narrative of the proposed use in sufficient detail to determine
that all applicable standards are adequately addressed.
In order to receive a special exception approval, the applicant
shall establish by credible evidence that:
A.
The proposed use is consistent with the purpose and intent of this
chapter.
B.
The proposed use does not detract from the use and enjoyment of adjoining
or nearby properties.
C.
The application complies with all criteria established for the respective
land use proposal addressed elsewhere in this chapter.
D.
The proposed use does not substantially impair the integrity of the
Township's Comprehensive Plan.
E.
The required front yard, side yards, open space areas, and height
limitations for the applicable zoning district have been met.
F.
The off-street parking provisions are in conformance with those specified in Article XXI of this chapter.
G.
Points of vehicular access to the lot are provided at a distance
from intersections and other points of access and in number sufficient
to prevent undue traffic hazards and obstruction to the movement traffic.
H.
The location of the site with respect to the existing roads giving
access to it is such that the safe capacity of those roads is not
exceeded by the estimated traffic generated or attracted is not out
of character with the normal traffic using said public road.
I.
The pedestrian access from the off-street parking facilities is separated
from vehicular access and sufficient to meet the anticipated demand.
J.
The proposed use is not incompatible with the existing traffic conditions
and adjacent uses and will not substantially change the character
of the immediate neighborhood.
K.
Facilities are available to adequately service the proposed use (e.g.,
schools, fire, police, and ambulance protection, sewer, water, and
other utilities, etc.).
L.
Screening of the proposed use from adjacent uses is sufficient to
prevent the deleterious impact of the uses upon each other.
M.
The use of the site complies with the requirements of any other public
agency having jurisdiction over the proposed use.
N.
Operations in connection with a special exception will not be more
objectionable to nearby properties by reason of noise, odor, fumes,
vibration, glare, or smoke than would be the operations of any permitted
use.
O.
Sufficient setbacks to and/or from agricultural operations are provided,
in accordance with the applicable district regulations.
Accessory apartments are subject to the following criteria:
A.
The habitable floor area of the accessory apartment shall conform to the minimum habitable floor area requirements of § 250-177.
B.
Only one accessory apartment may be permitted within a single-family
detached dwelling or on a single-family detached lot.
C.
The lot area for the principal dwelling shall meet the minimum lot
area requirement for the applicable district where located.
D.
Except for an exterior stairway, the exterior architectural character
of the principal dwelling shall not be altered in a manner that departs
from the primary feature of the building as a single-family detached
dwelling unit.
E.
No additional off-street parking space(s) shall be required. However,
any vehicle(s) associated with the accessory apartment shall not be
parked within the street right-of-way.
F.
The applicant shall submit a plan and supporting documentation to
establish compliance with the dimensional requirements of the district
in which the lot is located and architectural compatibility.
G.
The accessory apartment shall be occupied by either an elderly, handicapped
or disabled person related to the occupants of the principal dwelling
by blood, marriage or adoption.
H.
The accessory apartment shall be occupied by a maximum of two people.
I.
An accessory apartment may only be permitted and may continue in
use only as long as the occupant(s) is a person(s) related to the
occupants of the principal dwelling. The accessory apartment shall
be discontinued from use within 12 months after it is no longer occupied
by a qualified person(s). Subsequent occupancy of a properly created
accessory apartment by other than a person(s) who meets the qualifications
of this chapter shall be permitted only in the Agricultural District
and then only by a special exception granted by the Zoning Hearing
Board. If approved by the Zoning Hearing Board, such occupancy shall
be limited to not more than one nonrelated individual.
J.
Utilities.
(1)
For sewage disposal and water supply and all other utilities,
the accessory apartment shall be physically connected to those systems
serving the principal dwelling. No separate utility systems or connections
shall be constructed or used. All connections shall meet the applicable
utility company standards.
(2)
If on-site sewer or water systems are to be used, the applicant
shall submit evidence to the Zoning Hearing Board showing that the
total number of occupants in both the principal dwelling and the accessory
apartment will not exceed the maximum capacities for which the one-unit
systems were designed, unless those systems are to be expanded, in
which case the expansion approvals are to be submitted. Any connection
to or addition to an existing on-site sewer system shall be subject
to the review and approval of the sewage enforcement officer.
Accessory farm dwellings are subject to the following criteria:
A.
No more than one accessory farm dwelling shall be permitted on a
farm.
B.
The minimum lot area and building setback requirements of the respective
zoning district shall apply to the principal and accessory farm dwellings
individually.
C.
The off-street parking requirements of this chapter shall apply to
both the principal and the accessory farm dwelling.
D.
All water supply and sewage disposal facilities shall be approved
by the appropriate agencies prior to the issuance of a building permit
for the accessory farm dwelling.
E.
The location of the accessory farm dwelling must also conform to
the requirements of the applicable Subdivision and Land Development
Ordinance.
A.
Purpose. The purpose of this section is to provide for the establishment
of adult-oriented businesses within the Township at such places, and
in such manner, as is appropriate and reasonable; and to establish
reasonable regulations which take into consideration the potential
for adverse impact from such businesses upon adjoining property owners,
occupants and uses.
B.
Interpretation and application. This section shall be interpreted
and applied in a manner consistent with the Constitution and shall
not be applied to unduly restrict or infringe upon rights guaranteed
thereby.
C.
Severability. The provisions of this section shall be severable,
and in the event any one thereof shall be determined to be invalid
or unenforceable, such determination shall not operate to repeal or
invalidate the remaining provisions.
D.
ADULT BOOKSTORE
ADULT THEATER
ADULT-ORIENTED BUSINESS
ADULT-ORIENTED PRODUCT
ADULT-ORIENTED SERVICE
As used in this chapter, the following terms, word and phrases shall
have the meanings ascribed to them by this section:
An establishment open to the general public in which 5% or
more of the occupied sales or display area offers for sale, for rent
or lease, for loan, or for view upon the premises, pictures, photographs,
drawings, prints, images, sculpture, still film, motion picture film,
video tape, or similar visual representations distinguished or characterized
by an emphasis on sexual conduct or sexually explicit nudity, or books,
pamphlets, magazines, printed matter or sound recordings containing
explicit and detailed descriptions or narrative accounts distinguished
or characterized by an emphasis on sexual conduct, or offers for sale
of sexual devices.
A building or a room within a building open to the general
public, used for presenting live entertainment, motion picture film,
video tape or similar visual representation of materials distinguished
or characterized by an emphasis on sexual conduct or sexually explicit
nudity.
Any business offering for sale, lease, or hire products,
materials, or inventory, the majority of which consists of adult oriented
products, or any business that provides any adult oriented services.
Any business that restricts its clientele to persons over the age
of 18 years in order to comply with the Pennsylvania Crimes Code shall
be considered an adult-oriented business.
Anything which depicts, describes, presents, or displays
human nudity or humans engaging in sexual foreplay or intercourse
and appearing to have at least a significant motivation for such depiction,
presentation, or display the sexual stimulation or sexual gratification
of the consumer of same. Also included within this definition is any
object that is intended or may be used by the consumer for purposes
of sexual stimulation or gratification. Movies having received an
R or PG-13 rating, or the literary equivalent of it, shall not be
considered adult-oriented products.
Any action performed, for consideration, by one or more persons
to or for the benefit of another person or persons where at least
one motivation for such action is the sexual stimulation or gratification
of either the performer or the recipient.
E.
The use and occupancy of any land, building or structure as an adult-oriented
business shall be subject to the following:
(1)
An adult-oriented business shall be permitted only by special
exception and only in a GC - General Commercial District.
(3)
An adult-oriented business shall not be permitted to be located
within 1,000 feet of any of the following:
(4)
No materials, merchandise, or film offered for sale, rent, lease,
and loan or for view upon the premises shall be exhibited or displayed
outside of a building or structure, or be visible from outside the
building or structure.
(5)
Any building or structure used and occupied as an adult-oriented
business shall be windowless, or have an opaque covering over all
windows or doors of any area in which materials, merchandise, live
entertainment or film shall be visible from outside of the building
or structure.
(6)
No sign shall be located upon the premises that depicts a visual
representation of the type of materials, merchandise, or film being
offered therein.
(7)
All entrances to the premises shall be posted with notices that
persons under the age of 18 years are not permitted to enter and warning
all other persons that they may be offended by the materials, merchandise,
or film exhibited or displayed therein.
(8)
No adult-oriented business may change to another adult oriented
business except upon approval by an additional special exception.
(9)
The use shall not create an enticement for minors because of
its proximity to nearby uses where minors may congregate.
(10)
No unlawful sexual activity or conduct shall be permitted.
(11)
No more than one adult oriented business may be located within
one building.
The following standards shall be applicable to the siting, installation,
and construction of communications towers, communications antennas,
and communications equipment buildings wherever the same may be respectively
permitted under this chapter:
A.
The applicant shall demonstrate that it is licensed by the Federal
Communications Commission to operate a communications tower, if applicable,
and communications antennas. If the use of such tower or antenna also
requires licensing by another state or federal agency, the applicant
shall submit evidence that it has obtained the same.
B.
The applicant shall demonstrate that the communications tower and
communications antennas proposed to be mounted thereon comply with
all applicable standards established by the Federal Communications
Commission governing human exposure to electromagnetic radiation and
shall not adversely impact humans or animals whether by field current,
radio waves, or the like.
C.
Communications towers shall comply with all applicable Federal Aviation
Administration, Commonwealth Bureau of Aviation, and any applicable
airport zoning regulations.
D.
The applicant shall be required to submit evidence of the need for
the communications tower and that all alternatives have been exhausted
to constructing the communications tower in the proposed location.
Applicants are required to prove need by providing evidence, including
coverage diagrams and technical reports, that, in terms of location
and construction, there are no existing towers, communications towers,
buildings or structures able to provide the platform for the necessary
equipment for one or more of the following reasons:
(1)
Planned equipment would exceed the structural capacity of the
existing communications towers, buildings or structures, and existing
communications towers, buildings or structures, cannot be reinforced
to accommodate planned or equivalent equipment at a reasonable cost;
or
(2)
Planned equipment will cause interference with other existing
or planned equipment for that communications tower, building or structure
and the interference cannot be prevented at a reasonable cost; or
(3)
Existing or approved communications towers, buildings or structures
do not have the space on which planned equipment can be placed so
it can function effectively and at least be in parity with other similar
equipment in place or planned; or
(4)
Other reasons make it impractical to place the equipment by
the applicant on existing and approved communications towers.
E.
Any applicant proposing construction of a new communications tower
shall demonstrate that a good faith effort has been made to obtain
permission to mount the communications antennas on an existing building,
structure, or communications tower (hereinafter collectively referred
to as structures). A good faith effort shall require that all owners
of potentially suitable structures within a 1/4 mile radius of the
proposed communications tower site be contacted and that one or more
of the following reasons for not selecting such structure apply:
(1)
The proposed antennas and related equipment would exceed the
structural capacity of the existing Structure and its reinforcement
cannot be accomplished at a reasonable cost.
(2)
The proposed communications tower or antennas and related equipment
would cause radio frequency interference with other existing equipment
for that existing Structure and interference cannot be prevented at
a reasonable cost.
(3)
Such existing structures do not have adequate location, space,
access or height to accommodate the proposed equipment or to allow
it to perform its intended function.
(4)
Addition of the proposed communication tower or antennas and
related equipment would result in electromagnetic radiation from such
structure exceeding applicable standards established by the Federal
Communications Commission governing human exposure to electromagnetic
radiation.
(5)
A commercially reasonable agreement could not be reached with
the owners of such structures.
F.
In order to reduce the number of communications towers needed in
the Township in the future, any proposed communications tower shall
be designed and made available to accommodate other users, including
but not limited to, other communication competitors, police, fire
and emergency services. The applicant shall secure a building and
zoning permit from East Hanover Township and shall notify the Township
of the name and address of any other users of the communications tower.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
G.
If a communications tower remains unused for a period of 12 consecutive
months, the owner or operator shall dismantle and remove the communications
tower within six months of the expiration of such twelve-month period.
A security shall be posted with the Township for removal acceptable
to the Township Solicitor. Security shall be provided before issuance
of the permit by the Planning Department.
H.
Access shall be provided to the communications tower and communications
equipment building by means of a public street or easement to a public
street. The easement shall be a minimum of 20 feet in width and shall
be improved to a width of a least 10 feet with a dust-free, all weather
surface for its entire length.
I.
A communications tower may be located on a lot occupied by other
principal structures and may occupy a leased parcel within a lot provided
that the larger lot meets the minimum lot size requirements for the
Zoning District. A communications tower and antenna and a communications
equipment building use shall not be subject to the minimum dimensional
requirements of this chapter as those dimensions relate to area and
distances within the leased parcel itself.
J.
The applicant shall demonstrate that the proposed height of the communications
tower and antenna is the minimum height necessary to perform its function.
The maximum total height of a combined communications tower and antenna
shall be 200 feet.
K.
The foundation and base of any communications tower shall be set
back from a property line (not lease line) in accordance with the
minimum yard and setback requirements of the Township Zoning Ordinance
in the district where the tower is located, or at a distance at least
equal to the total height of the communications tower and antenna,
whichever is greater.
L.
The communications tower shall be landscaped so as to screen from
abutting properties the communications tower foundation and base and
the communications equipment building and the fence surrounding the
site. The screen can be either a hedge or a row of evergreen trees.
The screen shall be a minimum height of six feet at planting, and
shall grow up to a minimum of 15 feet at maturity. In addition, existing
vegetation on and around the site shall be preserved to the greatest
extent possible. The communications tower shall be made to blend with
its surroundings whenever possible.
M.
The communications equipment building shall comply with the required
minimum yard and setback requirements and with the maximum building
height requirements of the applicable zoning district for a commercial
accessory structure within that district.
N.
The applicant shall submit a certification from a Pennsylvania registered
professional engineer that the proposed communications tower and antenna
will be designed and constructed in accordance with the current structural
standards for steel antenna towers and antenna supporting structures,
published by the Electrical Industrial Association/Telecommunications
Industry Association and applicable requirements of the Building Code.
Applicant is required to obtain a building permit and zoning permit
from East Hanover Township prior to commencement of construction or
modification of any communications tower or communications equipment
building. Furthermore, before a certificate of use and occupancy will
be issued, the applicant shall provide the Township with an engineer's
certification that the communications tower is constructed as designed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
O.
The applicant shall submit a copy of its current Federal Communications
Commission license, the name, address and emergency telephone number
for the operator of the communications tower and antenna and a certificate
of insurance covering such tower and antenna evidencing general liability
coverage in the minimum amount of $1,000,000 per occurrence and property
damage coverage in the minimum amount of $1,000,000 per occurrence.
P.
All guy wires associated with guyed communications towers and antennas
shall be clearly marked so as to be visible at all times and shall
be located within fenced enclosure.
Q.
The site of a communications tower and communications equipment building
shall be secured by a fence with a minimum height of eight feet and
with a locked gate to limit accessibility by the general public.
R.
No signs or lights shall be mounted on a communications tower and
antenna except as may be required by the Federal Communications Commission,
the Federal Aviation Administrator or other governmental agency which
has jurisdiction, including East Hanover Township. Lighting shall
be required on all towers in excess of 50 feet. A red marking beacon,
in accordance with Federal Aviation Administration regulations, shall
be placed at the top of the tower. Other lighting alternatives and
designs are subject to East Hanover Township approval.
S.
Two off street parking spaces with a dust free all weather surface
shall be provided within or adjacent to the fenced area.
T.
Communications antennas shall not cause radio frequency interference
with other communications facilities located in the Township and shall
not interfere with residential radio, television, cordless telephones,
CB, ham radio and the like.
U.
The applicant proposing to construct a new communication tower shall
demonstrate that it is utilizing "stealth" technology to the greatest
extent possible in the design of a communication tower.
V.
Building mounted communications antennas shall not be located on
any residential structure.
W.
Building mounted communications antennas shall be permitted to exceed
the height limitations of the applicable zoning district by no more
than 20 feet.
X.
Any applicant proposing communications antennas to be mounted on
a building or other structure shall comply with and submit the following:
(1)
A certification from a Pennsylvania-registered professional
engineer that the proposed installation will not exceed the structural
capacity of the building or other structure, considered wind and other
loads associated with the antenna location.
(2)
A copy of agreements and/or easements necessary to provide access
to the building or structure on which the antennas are to be mounted
so that installation and maintenance of the antennas and communications
equipment building can be accomplished.
Y.
The Township should be notified if the tower is sold or taken over
by another owner.
A.
Purpose and legislative intent. It is hereby declared a matter of
legislative declaration and belief that the increasing numbers of
elderly persons in the Township are in need of suitable forms of housing
which would allow for the elderly to remain as independent as possible,
while maintaining a close connection to the members of their family.
It is the intent of the Board of Supervisors to provide for such housing
by special exception since this is an acceptable form of alternative
housing for the elderly if properly limited.
B.
General requirements of ECH unit.
(1)
At least one of the proposed occupants of the elder cottage
housing unit (ECH unit) shall be a blood relative or adopted relative
of the owner or one of the owners of the lot where the ECH unit is
to be situated.
(2)
At least one occupant of the ECH unit shall be at least 62 years
of age or be disabled/handicapped.
(3)
There shall be no more than two occupants of the ECH unit. Such
occupants shall be married to each other or shall be both blood relatives
or one of the occupants or shall be an adopted relative of the owner
or one of the owners of the lot. In no event shall a nurse be deemed
to be an occupant of the ECH unit when that said nurse is providing
medically necessary nursing care for the occupant or one of the occupants
of the ECH unit.
(4)
The owner or at least one of the owners of the lot shall live
either in the principal dwelling unit or ECH unit on a permanent basis.
(5)
The right to utilize the ECH unit shall terminate upon any one
of the following events:
(6)
Upon termination under either Subsection B(5)(a) or (b), the owner or owners shall give written notice of such event to the Zoning Officer within 10 days of the date thereof. The ECH unit, as well as any breezeways, attachments, and connections thereto shall be removed from the lot within 120 days of said date of termination.
(7)
The date of termination under Subsection B(5)(c) or (d) shall be the date of receipt of written notice of said failure to comply. The owner or owners of the lot shall have 30 days from said date to cure all violations specified in said written notice. In the event that compliance is not accomplished within said thirty-day period, then the ECH unit, as well as any breezeways, attachments and connections thereto shall be removed from the lot within 120 days of the date of termination.
(8)
One off-street parking space shall be provided for each motor
vehicle owned by the proposed occupant or occupants, which parking
spaces shall meet all requirements of this chapter.
C.
Location, size, height and area requirements.
(1)
The ECH unit shall have a minimum floor area of 200 square feet
and a maximum floor area of 800 square feet.
(2)
The ECH unit shall not exceed 16 feet in height measured from
the bottom of the main floor to highest point of the roof.
(3)
The ECH unit shall not be permanently attached to the existing
dwelling unit nor shall the ECH unit be located more than 50 feet
from the existing dwelling unit.
(4)
The ECH unit shall be located in the rear of the lot unless
the Zoning Hearing Board determines that it would be impractical to
so locate the ECH unit due to sewage, drainfields, or surface water
drainage, in which event the ECH unit may be located in the side yard.
The ECH unit, when located in the rear of the lot, shall comply with
all side yard, rear yard and lot coverage requirements of the zoning
district wherein the lot is located. The ECH unit, when located in
the side yard, shall comply with all front yard, side yard, rear yard
and lot coverage requirements of the zoning district wherein the lot
is located.
D.
Design requirements.
(1)
The ECH unit shall be constructed of materials which allows
for the removal of the unit upon an event of termination such that
the lot can be restored to its original condition prior to removal.
(2)
No permanent walls, fences or other similar structures shall
be installed, provided that the ECH unit may be temporarily connected
to the existing dwelling unit by the construction of a breezeway subject
to the approval of the Zoning Hearing Board.
(3)
The exterior of the ECH unit shall be compatible with the architecture
of the existing dwelling unit, as determined by the Zoning Hearing
Board.
(4)
The ECH unit shall be designed in such a manner so that the
existing sewer and water service may be utilized for servicing the
ECH unit without providing additional sewer or water facilities. All
such designs shall be subject to the approval of the Township Sewage
Enforcement Officer.
E.
Additional regulations. In rendering its decision, the Zoning Hearing
Board shall consider the following general provisions for all ECH
units permitted by special exception:
(1)
The compatibility of the use, structure or development with
the purpose and intent of the applicable zoning district and with
the Comprehensive Plan of the Township.
(2)
The suitability of the site for the use, structure or development.
(3)
The compatibility of the use, structure or development with
the existing adjacent properties, with the community as a whole, and
with the anticipated development in the foreseeable future.
(4)
The effect the use, structure or development will have on existing
streets, transportation patterns, public services and public facilities,
and the logical and economical extension of such streets, services
and facilities.
(5)
The compatibility of the site for on-lot sewer and water facilities.
(6)
The importance of the use, structure or development and the
availability of alternate locations.
F.
Application procedures. In addition to all other requirements of
this chapter, all property owners who desire to install an ECH unit
on a lot shall submit a written application to the Zoning Hearing
Board, which shall contain the following information:
(1)
The names and addresses of all owners of the lot.
(2)
The names and addresses of the proposed occupants of the ECH
unit, as well as a statement of their relationship to the owners of
the lot.
(3)
A plan of the lot showing the dimensions and location of all
existing structures on the lot, as well as all paved areas and square
footage of the existing dwelling unit.
(4)
A floor plan for the ECH unit, as well as a drawing depicting
where the same shall be located on the lot.
(5)
An architectural drawing showing the design and landscaping
of the ECH unit in conjunction with existing dwelling unit.
(6)
A brief description of the water and sewer systems to be utilized
for the purpose of serving the ECH unit.
(7)
The decision of the Zoning Hearing Board granting approval shall
specifically prescribe all of the conditions applicable to the ECH
unit, including those herein enumerated, and shall be acknowledged
in writing by the applicant before a permit is issued.
Within any LI - Limited Industrial or I - Industrial District,
an industrial/business park may be developed on a parcel of land containing
not less than 10 acres, and provided that:
A.
The plan and location is consistent with the Comprehensive Plan for
the orderly development of the Township.
B.
All height and bulk regulations of the base zoning district shall
be complied with, including the requirement of effective screening.
C.
The appropriate use of property adjacent to the industrial/business
park shall be safeguarded.
D.
The development shall consist of a harmonious grouping of buildings,
service and parking areas planned as an integral unit, in such manner
as to constitute a safe, efficient and convenient industrial/business
park.
E.
The industrial/business park shall be under unified management which
shall clearly establish centralized responsibility for the operation
and maintenance of the project including all common areas.
F.
There shall be a minimum of two separate points of ingress and egress
and no access points shall be located within 125 feet of intersecting
streets, unless such points are located directly at an intersection.
G.
Traffic circulation within an industrial/business park project shall
be designed to direct driveway access from individual lots onto interior
service roads and to minimize pedestrian and vehicular mixing and
congestion.
I.
All buildings within the site shall be served with public sewerage
and public water.
J.
Signs shall be permitted in accordance with the applicable provisions of Article XXII of this chapter.
K.
If the development is to be carried out in stages, each stage shall
be so planned that the foregoing requirements and the intent of this
chapter shall be fully complied with at the completion of any stage.
[Amended 6-28-2021 by Ord. No. 2021-2]
The accessory keeping of horses is permitted by right in the
Agricultural District only. The following standards shall apply for
the keeping of horses and related equine animals as an accessory use
to a principal detached single-family dwelling that is not contained
upon a farm However, these standards shall not be interpreted as applying
to animal hospitals, veterinary clinics, kennels, riding clubs or
stables, or normal farming operations.
A.
The minimum lot area required for the keeping of one horse shall
be three acres. This minimum lot area shall be increased by one additional
acre for each additional horse kept.
B.
Maintaining horses shall be strictly as an incidental use.
C.
The area within which horses are kept shall be enclosed by a fence
designed for containment.
D.
No building, corral, or stable shall be closer than 100 feet to the
nearest dwelling other than that of the owner, nor within 50 feet
of any property line. Any pasture fence shall be located a minimum
distance of 10 feet from a Residential Zoning District boundary or
the property line of an adjacent parcel in residential use.
E.
The owner of the horse(s) shall provide suitable shelter for the
animal(s), shall exercise suitable control over the animal(s) and
shall not allow a nuisance condition to be created in terms of excessive
noise, odor or soil erosion.
[Amended 6-28-2021 by Ord. No. 2021-2]
Businesses in the Agricultural District are permitted by special
exception, subject to the following criteria.
A.
For the purposes of this section, a business in the Agricultural
District may involve any one of a wide range of uses, so long as it
remains compatible with neighboring properties and uses. Examples
of businesses in the Agricultural District include, but are not limited
to, the following uses:
(1)
Facilities for the service and repair of nonfarm motor vehicles,
and equipment, and small engines.
(2)
Small-scale manufacturing, with a retail sales display area
not to exceed 1,000 square feet.
(3)
Blacksmith and tool sharpening shops.
(4)
Carpenters.
(5)
Woodworking, furniture, and cabinet making shops.
(6)
Metalworking shops.
(7)
Tailor and shoe shops.
B.
In the case where the proposed business requires the construction
of new buildings or additions to existing buildings on an existing
farm, the applicant shall provide information justifying that the
location of the proposed construction does not unnecessarily utilize
existing agricultural lands and/or does not have an adverse effect
upon the existing agricultural uses of the farm.
C.
The Zoning Hearing Board shall determine if the proposed business
and land use are not detrimental to the agricultural uses of the Agricultural
District and do not interfere or conflict with the continuation and
perpetuation of agricultural activities and the health, safety, and
welfare of the community. Additionally, the Zoning Hearing Board may
require that impact studies be furnished which evaluate the effect
of the proposed business and land use upon the subject tract of land,
the abutting properties and the community in general.
D.
The applicant shall acknowledge as part of the special exception
application that additional Township, county, commonwealth, and federal
requirements may exist, and that it is his responsibility to comply
with any additional requirements, including, but not limited to, the
industrial performance standards of this chapter (if applicable).
E.
The applicant shall demonstrate that the proposed business and land
use provide for the safe and efficient movement of traffic by addressing
anticipated changes in vehicular movements. No public roadways shall
be used for loading/unloading. The length of access drive(s) shall
be of sufficient length to accommodate stacking of delivery and customer
vehicles.
F.
The business shall provide an open space buffer of not less than
50 feet in width from adjoining lots. Such areas may be used for storm
water facilities, sewer facilities, and may be farmed or cultivated.
The open space buffer may be varied by the Zoning Hearing Board if
natural features, terrain, or other buildings of the owners accomplish
the desired open space buffer, or if existing structures are utilized
by the applicant.
G.
The owner and/or occupant of the business shall not allow a nuisance
condition to be created in terms of excessive noise, dirt, or odor.
Additionally, the business shall be conducted in a manner that does
not allow the accumulation of trash and debris.
H.
Businesses may be located on a subdivided lot or on a portion of
an existing lot.
I.
A minimum one acre lot size (or lot area) is required to establish
a business in the Agricultural District.
J.
Maximum building and impervious coverage on lots one to two acres
in size.
(1)
Maximum (total) building coverage for all buildings used for
businesses in the Agricultural District is as follows:
(a)
One-acre lot/area maximum business building coverage: 2,500
square feet.
(b)
Two-acre lot/area maximum business building coverage: 4,000
square feet.
(c)
For lots greater than one acre but less than two acres, the
maximum allowable business building coverage shall be calculated as
follows:
|
Maximum Business Building Coverage (BC)
| |
|
1-acre lot = 2,500 SF maximum. 2-acre lot = 4,000 SF maximum.
| |
|
Lot Size between 1 and 2 Acres:
| |
|
BC = 2,500 + 1,500X, where X = [(area in acres) - (1.0)]
| |
|
Example - 1.4 acres
|
BC = 2,500 + (1,500)(1.4 - 1.0)
BC = 2,500 + (1,500)(0.4)
BC = 2,500 + (600)
BC = 3,100 SF
|
(2)
Total impervious coverage, as defined in this chapter, shall
not exceed 50%.
K.
On existing lots greater than two acres in size:
(1)
Existing buildings may be converted for business use without
limitation on size, provided the area for the business is delineated
from any existing farming operations.
(2)
Indoor storage in existing buildings shall also be unlimited.
(3)
On existing lots greater than two acres and less than five acres
in size, the maximum new business building coverage shall be 5,000
square feet. All business-related activities, including new and existing
buildings used in the business, outdoor storage, and storm water management
facilities, but excluding parking and driveways, shall be located
within a two-acre area delineated on the lot. Total impervious coverage
within the delineated area shall not exceed 50%.
(4)
On existing lots five acres or greater in size, there is no
maximum new business building coverage. However, all business-related
activities, including new and existing buildings used in the business,
outdoor storage, and storm water management facilities, but excluding
parking and driveways, shall be located within a two-acre area delineated
on the lot. Total impervious coverage within the delineated area shall
not exceed 50%.
(5)
Outdoor storage areas shall be properly screened.
M.
New structures shall observe all lot, bulk, and setback requirements
of the Agricultural District. The architectural design of all new
buildings must blend in with the existing buildings on the property
and will be subject to review and approval by the Zoning Hearing Board.
N.
Off-street parking shall be provided in accordance with the provisions of Article XXI. Required parking spaces shall not be utilized for storage or otherwise reduced.
O.
The applicant shall provide information on the type and number of
truck trips to be generated by the business.
P.
The applicant shall provide a listing of any hazardous or flammable
materials proposed to be used in the business.
Q.
Outdoor storage of supplies, materials and products shall be screened
from adjoining roads and properties.
R.
No mobile home or travel trailer may be utilized as part of the business.
S.
No more than one business per lot shall be permitted.
T.
In its review of the special exception request for a business in
an Agricultural District, the Zoning Hearing Board may attach such
reasonable conditions as it may deem necessary to implement the purposes
of this chapter. Such conditions may include, but are not limited
to, the following:
A.
Purpose. It is the intent of this section to implement the East Hanover
Township Comprehensive Plan and promote desirable community development
by:
(1)
Maintaining a healthy residential environment with adequate
open space and recreational amenities;
(2)
Integrating open space within future development and in areas
that are of strategic importance to potential greenway corridors throughout
the Township;
(3)
Encouraging land use and development patterns which complement
and accentuate the distinctive features of the Township's landscapes
and natural environment including prime agricultural soils, woodlands,
wetlands, stream corridors, steep slopes, and scenic views;
(4)
Directing growth to areas of the Township that are the most
appropriate for development;
(5)
Reducing infrastructure costs by minimizing the amount of infrastructure
required for future growth;
(6)
Providing an opportunity for flexibility in lot designs and
building arrangement not afforded by conventional lot-by-lot development;
(7)
Providing for a more varied, innovative, and efficient development
pattern; and
(8)
Promoting new development that is compatible with existing uses,
architecture, landscapes and community character.
B.
Eligibility.
(1)
Areas permitted. Open space development shall be permitted by
right in the RSP, RLD and RHD zoning districts, where the applicant,
to the satisfaction of the Board of Supervisors, can demonstrate compliance
with all design standards and criteria of this section, as well as
all other applicable provisions of this chapter.
(2)
Minimum tract area required. A tract may be eligible for approval
for an open space development if it includes a minimum of 10 contiguous
acres.
(a)
For the purposes of this article, the term "total area of the
tract" shall mean the total lot area, not including areas within the
existing and future rights-of-way of existing streets shown on previously
filed plans for the tract.
(3)
Water supply. Open space developments shall be served by water supply systems in accordance with the provisions of Chapter 185, Subdivision and Land Development. The applicant shall demonstrate, to the satisfaction of the Board of Supervisors that an adequate water supply exists for the intended residential and open space uses. The Board of Supervisors may also require agreements and financial assurances to ensure proper long-term operation, maintenance, and ownership of the water system.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)
Sewage disposal.
(a)
As a condition of approval, the applicant shall demonstrate
to the satisfaction of the Board of Supervisors, that adequate sewage
disposal services exist for the intended residential and open space
uses.
(b)
Development under the open space development option shall be served by sewage disposal systems consistent with the East Hanover Township Sewage Facilities (Act 537) Plan and in accordance with the applicable provisions of Chapter 185, Subdivision and Land Development, subject to demonstration of compliance with all applicable regulations of the Pennsylvania Department of Environment Protection (DEP).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(c)
Any proposed wastewater disposal system which requires a permit
issued by the DEP and is not owned or operated by a municipal authority
shall be required to comply with specific conditions which ensure
the long-term proper operation and maintenance of such facilities.
Such requirements shall be established by the Board of Supervisors
to ensure consistency with 25 Pa. Code Chapter 71, § 71.72
relating to the establishment of the legal entity responsible for
such systems and financial assurances for the completion, maintenance,
and operations of such facilities.
(d)
Where individual or community on-lot sewage disposal systems
are provided, such systems may be located within common open space
areas where approved at the discretion of the Board of Supervisors.
Such systems shall require adequate deed restrictions and legal agreements
between the owner of such system and the owner of the common open
space which specify ownership, operation, and maintenance responsibilities.
(5)
Consistency with municipal planning program. The proposed development
shall be consistent with the goals and strategies of the East Hanover
Township Comprehensive Plan.
(6)
Plan processing. The tract of land to be developed shall be
in single ownership or, if in multiple ownership, shall be developed
according to a single plan with common authority and responsibility.
The applicant is strongly encouraged to submit a sketch plan to the
East Hanover Township Planning Commission and to discuss community
development and open space resource conservation objectives with the
Planning Commission prior to the preparation of a preliminary plan.
C.
General regulations.
(2)
Mix of residential dwelling types in the RHD District.
(a)
The following general standards shall govern the mix of dwelling
unit types within an open space development in the RHD District:
(b)
The remainder of the housing stock shall be left to the discretion of the applicant. The requirements of this section may be waived by the Board of Supervisors upon the applicant successfully demonstrating that the required housing type(s) are not presently marketable. Upon granting a modification pursuant to § 250-250G, the required percent of the remaining housing types shall be adjusted proportionately.
D.
Area and bulk regulations.
(1)
Minimum restricted open space. The minimum restricted open space
shall not be less than the following percentage of the total area
of the tract, as stipulated for the appropriate zoning district. Designated
restricted open space shall comply with all standards and criteria
for restricted open space established in this section.
|
Zoning District
|
Minimum Restricted Open Space
|
|---|---|
|
RSP/RLD District
|
45%
|
|
RHD District
|
35%
|
(2)
Permitted density calculation. To determine the potential number
of dwelling units permitted for open space developments, the applicant
shall prepare a conceptual "yield plan" depicting the conventional
development of the parent tract according to the design standards
of the base zoning district. The applicant shall then prepare a conceptual
open space development plan with a maximum number of dwellings not
to exceed the number of dwellings depicted on the yield plan. The
Township Planning Commission shall review the yield plan and provide
comments to the Board of Supervisors regarding compliance with this
section. Applicants are strongly encouraged to present the yield plan
to the Planning Commission as early as possible to obtain input regarding
the calculation of the number of dwellings permitted in the open space
development.
(3)
Residential area and bulk regulations. The following lot and
yard area regulations shall apply to any principal residential structure
or any other building.
(a)
Proposed lots are not subject to a minimum lot area. The applicant
shall indicate for each permitted use, including potential accessory
uses, the limits of the building envelope within which compliance
with these provisions is feasible:
(b)
The minimum separation between principal structures at any point
shall be 20 feet, except that the minimum separation measured perpendicularly
from the rear wall of any dwelling to any point on any other building
not accessory to such residential structure shall be 50 feet.
(c)
Accessory structures shall be setback at least five feet from
any property line and shall be permitted only in rear yards.
(d)
No exterior windows, doors, or other openings shall be permitted
in any portion of any principal or accessory structure located less
than five feet from any lot line.
(e)
Where any portion of any principal or accessory structure is
located less than five feet from any lot line, a perpetual easement
providing for maintenance of such structure, and measuring no less
than five feet in width from the affected walls, shall be provided
on the adjacent lot(s). This provision shall not apply to lot lines
that separate two-family or multifamily dwelling units on the interior
of the same principal structure.
(f)
The minimum setback of principal buildings from the right-of-way
shall not be less than 10 feet.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(g)
All proposed dwelling units in an open space development shall
be situated so that they are set back a minimum distance from the
pre-development perimeter boundary of the tract equal to the applicable
minimum yard dimension under the base zoning district provisions.
Existing dwellings and dwellings resulting from the conversion of
existing structures shall be exempt from this requirement except that
additions to such existing structures shall not further reduce required
setbacks.
(h)
The maximum length of any residential building, including rows
of single-family attached dwellings or buildings containing multiple-family
dwellings, shall not exceed 160 feet.
(i)
The maximum building heights for principal and accessory structures
shall be the same as stated in the base zoning district.
(j)
The maximum lot coverage (including all impervious surfaces)
for all building lots shall be 20% greater than the base zoning district
according to the dwelling type. The maximum lot coverage for all restricted
open space parcels shall be 30%.
(k)
Flag lots may be utilized where appropriate; however, no more
than 10% of the total number of lots may be designed as flag lots
and each flag lot shall have a minimum area of 10,000 square feet.
(l)
No dwelling units within the open space development shall have
direct driveway access to surrounding existing Township or state roads.
All driveways shall access internal street systems as designed for
the project.
(m)
All open space developments with single-family attached dwellings
(townhouses) shall include off-street common parking areas.
(n)
Where adjacent curb cuts accessing separate residential properties
are separated by less than 25 feet, one additional off-street parking
space shall be provided on each property that abuts the curb cut or
in an off-street common parking area.
E.
Conservation and development design standards.
(1)
General development standards.
(a)
Except where this section specifies otherwise, all design and
performance standards and other regulations applicable in the base
zoning district shall apply to any open space development.
(b)
The placement of buildings and design of internal circulation
systems shall minimize the number of intersections and traffic on
Township and state roads.
(c)
The applicant shall demonstrate compliance with applicable state
and/or federal regulation of streams and wetlands. For any proposed
activity requiring the submission of a wetland delineation report,
stream or wetland encroachment permit or mitigation plan to DEP and/or
US Army Corps of Engineers or successive agencies, a copy of all such
documentation shall be submitted to East Hanover Township by the applicant.
(2)
Architectural design. It is not the intention of the Township
to govern specific architectural design or to link approval to any
specific architectural design criteria. Open space developments proposing
residential buildings other than single-family detached and two-family
dwellings shall comply with the following:
(a)
The applicant shall provide drawings illustrating the general
character of the intended exterior design of all principal structures.
(b)
Where the Board determines that the architectural design as
presented by the applicant is an essential means by which the proposed
development complies with the objectives of this section, the Board
may require, as a condition of approval, the establishment of appropriate
means to guarantee general adherence to the intended architectural
character.
(3)
Special provisions for conservation of historic resources. Historic
resources shall be preserved to the greatest degree practicable, through
incorporation into development plans and design, including historic
structures, ruins or sites, historic road or other transport traces,
paths and trails, and any other historic landscape features. Applicants
are encouraged to contact local and state historic agencies for information
regarding historic resources.
F.
Open space designation and management standards.
(1)
General standards for open space designation.
(a)
Areas designated as restricted open space shall be consistent
with the goals and strategies of the East Hanover Township Comprehensive
Plan. The location and layout of restricted open space shall be configured
so as to serve residents adequately and conveniently and to promote
the conservation of the following resources to the greatest extent
practicable.
[1]
Any area designated for "Conservation/Open Space" on the Future
Land Use Map in the East Hanover Township Comprehensive Plan;
[2]
Prime agricultural soils;
[3]
Scenic views from public roads and neighboring residential properties;
[4]
Mature trees and woodland tree masses, hedgerows, native flowering
trees and shrubs, fence rows, rock outcroppings, steep slopes (in
excess of 25%) and other noted landscape features;
[5]
Lands adjoining and within 150 feet of any historic structure
listed on the National Registration of Historic Places.
(b)
No more than 25% of the required restricted open space shall
be comprised of a floodplain district, wetlands, and slopes in excess
of 25%.
(c)
The calculation of the minimum required restricted open space
area shall not include the following areas:
[1]
Areas within 25 feet of any structure except structures devoted
to permitted open space uses;
[2]
Areas extending less than 100 feet in the narrowest dimension
at any point;
[3]
Areas comprising stormwater management facilities.
[a]
At the discretion of the Board of Supervisors,
areas devoted to stormwater management facilities may be included
within the minimum required restricted open space area where the applicant
can demonstrate to the satisfaction of the Board that such facilities
are designed to:
[b]
For example, a long low berm graded to reflect
natural contour could be designed to: 1) blend into the scenic landscape;
2) permit passive recreational use over the top of it; while 3) providing
a relatively large linear area for seepage of stormwater into the
groundwater system.
(d)
Subject to the provisions of the measurement of the minimum
required open space stipulated herein, sewage service, stormwater
management, and/or water supply facilities may be located entirely
or partially within restricted open space areas. Where such facilities
are so located, maintenance agreements and easements satisfactory
to the Board of Supervisors shall be established to require and enable
maintenance of such facilities by the appropriate parties.
(e)
Areas designated for open space purposes may be used for any
of the following:
[1]
Woodland, meadow, wetland, wildlife habitat, game preserve,
or similar conservation-oriented area;
[2]
Crop or pasture land, subject to submission of conversation
plan approved by the Lebanon County Conservation District;
[3]
Public, common, or private park or outdoor recreation area;
[4]
Sewage disposal facilities provided that the Board of Supervisors
is satisfied that adequate provision(s) for the long-term management
and maintenance of the facilities are guaranteed.
[5]
Parking for the exclusive use of individuals using recreational
areas within the required open space where deemed appropriate by the
Board of Supervisors.
[6]
Open space shall be interconnected with open space areas on
abutting parcels wherever possible, including, where appropriate,
provisions for pedestrian pathways for general public use to create
linked systems within the Township.
[7]
Where deemed appropriate by the Board of Supervisors, open space
areas shall be provided with sufficient perimeter parking, and with
safe and convenient access by adjoining street frontage or other right-of-way
or easement capable of accommodating pedestrian, bicycle, and maintenance
and vehicle traffic, and containing appropriate access improvements.
[8]
Where open space development is planned to occur in two or more
development phases, a proportionate amount of designated restricted
open space and required parking shall be permanently recorded with
each phase.
(2)
Standards for ownership of restricted open space. Except to
provide for permitted open space uses, designated open space shall
be restricted from further subdivision and land development by deed
restriction, conservation easement, or other agreement in a form acceptable
to the Township and duly recorded in the office of the Recorder of
Deeds of Lebanon County. Subject to such permanent restrictions, restricted
open space land in any open space development may be owned by a homeowners'
association, the Township, a land trust or other conservation organization
recognized by the Township.
(a)
Offer of dedication.
[1]
The Township may, but shall not be required, to accept dedication
in the form of fee simple ownership of restricted open space land
provided:
[2]
Where the Township accepts dedication of restricted open space
land that contains improvements, the Board of Supervisors may require
the posting of financial security to ensure structural integrity of
said improvements as well as the functioning of said improvements
for a term not to exceed 18 months from the date of acceptance of
dedication. The amount of financial security shall not exceed 15%
of the actual cost of installation of said improvements.
(b)
Homeowners' association. The restricted open space land and
associated facilities may be held in common ownership by a homeowners'
association. The association shall be formed and operated under the
following provisions.
[1]
The developer shall provide a description of the association,
including its bylaws and methods for maintaining the open space.
[2]
The association shall be organized by the developer and operating
with financial subsidization by the developer, before the sale of
any lots within the development.
[3]
Membership in the association is mandatory for all purchasers
of homes therein and their successors. The conditions and timing of
transferring control of the association from the developer to the
homeowners shall be identified.
[4]
The association shall be responsible for maintenance and insurance
on common open space land, enforceable by liens placed by the homeowners'
association. Maintenance obligations also may be enforced by the Township,
which may place liens to recover its costs. Any governmental body
with jurisdiction in the area where the development is located may
place liens on the owners of the open space to collect unpaid taxes.
[5]
The members of the association shall share equitably the costs
of maintaining and developing such common land. Shares shall be defined
within the association bylaws. Association dues shall be structured
to provide for both annual operating costs and to cover projected
long-range costs relating to the repair of any capital facilities
(which shall be deposited in a sinking fund reserved for just such
purposes).
[6]
In the event of a proposed transfer, within the methods here
permitted, of common open space land by the homeowners' association,
or of the assumption of maintenance of such land by the Township,
notice of such action shall be given to all property owners within
the development.
[7]
The association shall have or hire adequate staff to administer
common facilities and properly and continually maintain the common
open space land.
[8]
The homeowners' association may lease open space lands to any
other qualified person, or corporation, for operation and maintenance
of such lands, but such a lease agreement shall provide:
[a]
That the residents of the development shall at
all times have access to the open space lands contained therein;
[b]
That the common open space land to be leased shall
be maintained for the purposes set forth in this chapter; and
[c]
That the operation of open space facilities may
be for the benefit of the residents only, or may be open to the residents
of the Township, at the election of the developer and/or homeowners'
association, as the case may be.
[9]
The lease shall be subject to the approval of the Board and
any transfer or assignment of the lease shall be further subject to
the approval of the Board. Lease agreements so entered upon shall
be recorded with the Recorder of Deeds of Lebanon County within 30
days of their execution and a copy of the recorded lease shall be
filed with the Township Zoning Officer.
[10]
Homeowners' association documentation demonstrating
compliance with the provisions herein shall be filed with the final
subdivision and land development plans. At the time of preliminary
plan submission, the applicant shall provide draft homeowners' association
documentation with sufficient detail to demonstrate feasible compliance
with this section.
(c)
Condominiums. The restricted open space land and associated facilities may be held in common through the use of condominium agreement(s), approved by the Board of Supervisors. Such agreement shall be in conformance with the Uniform Condominium Act of 1980, 68 Pa.C.S.A. § 3101 et seq. All common open space land shall be held as "common elements" or "limited common elements." To the degree applicable, condominium agreement(s) shall comply with the provisions of Subsection F(2)(b) above, set forth for homeowners' associations. Condominium agreement(s) shall be filed with the final subdivision and land development plans. At the time of preliminary plan submission, the applicant shall provide draft condominium agreement(s) with sufficient detail to demonstrate feasible compliance with this section.
(d)
Dedication of easements. The Township may, but shall not be
required to, accept easements for public use of any portion or portions
or restricted open space land. The title of such land shall remain
in common ownership by a condominium or homeowners' association, provided:
[1]
Such land is accessible to Township residents;
[2]
There is no cost of acquisition other than any costs incidental
to the transfer of ownership, such as title insurance; and
[3]
A satisfactory maintenance agreement is reached between the
developer, condominium or homeowners' association and the Township.
(e)
Transfer of easements to a private conservation organization.
With the permission of the Township, an owner may transfer easements
to a private, nonprofit, organization recognized by the Township,
among whose purpose it is to conserve open space and/or natural resources,
provided that:
[1]
The organization is acceptable to the Board of Supervisors,
and is a bona fide conservation organization with perpetual existence;
[2]
The conveyance contains appropriate provision for proper reverter
or transfer in the event that organization becomes unwilling or unable
to continue carrying out its functions; and
[3]
A maintenance agreement acceptable to the Board of Supervisors
is entered into by the developer and the organization.
(f)
Private ownership of restricted open space.
[1]
Restricted open space may be retained in ownership by the applicant
or may be transferred to other private parties subject to compliance
with all standards and criteria for restricted open space herein.
[2]
All or portions of the designated restricted open space, where
permitted by the Board of Supervisors, may be included within or divided
among one or more of the individual lots. Where deemed appropriate,
the Board of Supervisors may require that responsibility for maintenance
of restricted open space be conferred upon and/or divided among the
owners of one or more individual lots.
(3)
Required open space management plan.
(a)
All open space development plans shall be accompanied by a conceptual
plan for the long-term management of the restricted open space that
is to be created as part of the development. Such plan shall include
a discussion of 1) the manner in which the restricted open space will
be owned and by whom it will be managed and maintained; 2) the conservation,
land management and agricultural techniques and practices which will
be used to maintain and manage the open space in accordance with conservation
plan(s) approved by the Lebanon County Conservation District, where
applicable; 3) the professional and personnel resources that will
be necessary in order to maintain and manage the property; 4) the
nature of public or private access that is planned for the restricted
open space; and 5) the source of money that will be available for
such management, preservation and maintenance on a perpetual basis.
The adequacy and feasibility of this conceptual management plan as
well as its compatibility with the open space resource protection
objectives stated in this section shall be factors in the approval
or denial of the open space development plan by the Board of Supervisors.
(b)
The conceptual management plan shall be transformed into a more
detailed open space management plan and presented to the Township
for review and approval with the preliminary subdivision and land
development plan. The Board of Supervisors may require that the management
plan be recorded, with the final subdivision and land development
plans, in the Office of the Recorder of Deeds of Lebanon County. In
order to allow for the changing needs inherent in the perpetual management
of land, the management plan shall contain a provision to the effect
that it may be changed by written application to the Board of Supervisors,
so long as the proposed change is feasible and consistent with the
purposes of preservation of open space set forth in this section and
so long as the plan for such change avoids a likelihood of the obligation
of management and maintenance of the land falling upon the Township
without the consent of the Board of Supervisors. The Board's approval
of such application shall not be unreasonably withheld or delayed.
(4)
Open space performance bond.
(a)
All landscape improvements, plantings, access points, and recreational
facilities within designated open space areas shall be provided by
the developer as applicable. A performance bond or other security
shall be in the same form and adhere to the same conditions as otherwise
required for proposed improvements under the applicable Subdivision
and Land Development Ordinance.
(b)
An appropriate portion of the performance bond or other security
will be applied by the Township should the developer fail to install
the planting or recreational facilities.
G.
Modification of standards. The Board of Supervisors may permit the
modification of the design standards in order to encourage the use
of innovative design. Any modification of the design standards shall
be subject to the following standards:
(1)
Such modifications of design standards better serve the intended purposes and goals of the open space design option as expressed in § 250-250A.
(2)
Such modifications of the design standards would not result
in adverse impact to adjoining properties, or future inhabitants within
the open space development.
(3)
Such modifications will not result in an increase in residential
densities permitted for the open space development;
A.
Minimum lot area. Ten acres; The number of horses permitted shall
be based on a minimum of one acre per animal kept or stall provided,
whichever is greater.
B.
All animals except while exercising or pasturing shall be kept within
a completely enclosed building which was erected or maintained for
that purpose.
C.
All outdoor training, show, riding, boarding, or pasture areas shall
be enclosed by a minimum four foot-high fence, which is located at
least five feet from all property lines.
D.
Any structure used for the Boarding of horses shall be set back at
least 200 feet from any property line.
E.
All stables shall be maintained so to minimize odors perceptible
at the property line.
F.
All parking compounds and unimproved overflow parking areas shall
be set back at least 20 feet from adjoining lot lines. Unimproved
overflow parking areas shall also provide a fence delineating such
occasional parking facilities and preventing the parking and/or movement
of vehicles across neighboring properties.
G.
No manure storage facility or area shall be established closer than
150 feet to any property line.
H.
One sign shall be permitted which shall not be greater than two square
feet in area and located a minimum of 20 feet from the street right-of-way
line.
A.
Townhouses are subject to the following requirements:
(1)
Minimum lot area of 3,000 square feet per dwelling unit.
(2)
Maximum development density shall not exceed 10 dwelling units
per gross acre.
(3)
Minimum lot width of 20 feet.
(4)
A minimum front and rear yard of 25 feet each, as measured from
the property line or any paved parking area, shall be provided for
each townhouse unit.
(5)
Side yard minimums of 15 feet shall be provided from the unattached
sides of buildings; however, a minimum side yard of 25 feet shall
be provided from any paved parking areas. A minimum distance of 25
feet shall also separate each group of townhouses.
(6)
No group of townhouses shall consist of more than eight attached
units, with no more than three continuous dwellings with the same
front setback, each variation of the setback being at least four feet.
Developers are encouraged to use variety in design and construction
to enhance appearance.
(7)
No detached accessory buildings or structures shall be permitted on individual lots. Storage areas, garages, and other normal accessory structures may be attached to the principal structure on each individual lot provided all other requirements of this chapter are met. Detached accessory buildings and structures for common use by the entire development shall be permitted on common areas as per Article XIX of this chapter.
(8)
The site shall be served by public water and sewer facilities,
with design for individual unit service where lots are to be sold.
B.
Garden apartments are subject to the following requirements:
(1)
Maximum development density shall not exceed 12 dwelling units
per gross acre.
(2)
A minimum site size of 24,000 square feet shall be provided
for garden apartment development.
(3)
Garden apartment buildings shall contain at least four but not
more than 16 dwelling units in a single structure.
(4)
A minimum setback of 30 feet shall be provided from any road
right-of-way, driveway, or paved parking area. Additionally, the building
setback line shall be a minimum distance of 30 feet from any front,
side, or rear property line.
(5)
A minimum isolation distance of 50 feet shall be provided between
garden apartment buildings.
(6)
The site shall be served by public water and public sewer facilities.
(7)
If provided, balconies shall not extend more than eight feet
from the face of any principal building and the minimum floor area
of any balcony shall be 72 square feet.
(8)
If patios are provided at ground level, they shall be designed
for visual privacy and shall be a minimum of 150 square feet.
C.
Supplemental townhouse and garden apartment standards. The following
criteria shall apply as additional requirements for townhouse and
garden apartment development:
(1)
The developer should vary architectural treatments within apartment
projects, individual apartments, and between dwelling units in a townhouse
development. Variations may include those of exterior elevation, building
setbacks, provisions of balconies, architectural details, pitch of
roof, exterior materials, or use of color.
(2)
Variety and flexibility in design layout and arrangement of
buildings, parking areas, services, recreation areas, common open
space, and plantings that fully consider the particular physical characteristics
of site and natural amenities is highly desired.
(3)
Screen plantings shall be provided where multiple dwelling unit land developments abut any nonresidential use or where such developments abut any single-family residential or other zoning district. Screen plantings shall be designed, located, and maintained in accordance with the requirements of Article XX of this chapter.
(4)
All utility lines within a townhouse or garden apartment development
shall be placed underground.
(5)
All open space, green areas, patios, courts, and buffer yards
shall be landscaped and maintained to ensure the safety, privacy,
and comfort of townhouse and garden apartment residents.
(6)
Exterior storage areas for trash and rubbish shall be well screened
on three sides and contained in covered, vermin-proof containers.
Indoor shooting ranges are permitted, subject to the following
criteria:
A.
The applicant shall present qualified expert documentation to establish
that sufficient soundproofing shall be provided to render the sound
of discharge of any firearm not greater than 100 decibels at the property
line of the lot on which the building housing the indoor shooting
range is located. The applicant also shall present qualified expert
documentation that the sounds of shooting in the nearest residential
zoning district do not exceed the ambient noise level.
B.
The range shall be designed and constructed in accordance with then-existing
National Rifle Association's standards for the particular type of
range and shall comply with future NRA standards as enacted. The range
designer shall provide certification of compliance with the NRA standards.
C.
The range shall be operated in compliance with the existing National
Rifle Association's standards for operation and safety and shall comply
with future NRA standards as enacted.
D.
The range shall be used only for the type of firearms for which it
is designed to accommodate.
[Added 6-28-2021 by Ord.
No. 2021-2]
Self-storage facilities are permitted, subject to the following
criteria:
A.
Permitted uses: The following provisions shall specifically apply
to the permitted and prohibited uses contained within a self-storage
facility:
(1)
The principal use shall be the self-storage units contained
on the lot.
(2)
One office area or building may be included within the development
site. The office use shall be an accessory use to the self-storage
or portable storage facilities.
(3)
Self-storage facilities shall be used solely for the storage
of personal property. The following uses and activities shall be prohibited:
(a)
On-site auctions, except storage lien auctions.
(b)
Wholesale uses, retail sales uses and garage sales.
(c)
Residential occupancy.
(d)
The storage of flammable, high combustible, explosive or hazardous
chemicals.
(e)
The servicing, repair, or fabrication of motor vehicles, motorcycles,
boats, trailers, lawn mowers, appliances, or similar equipment.
(f)
The operation of power tools, spray painting equipment, table
saws, lathes, compressors, welding equipment, kilns, or other similar
equipment.
(g)
Any use that is noxious or offensive because of odors, dust,
noise, fumes, or vibrations; retail sales and services; residential
uses; and other similar noncompatible uses.
B.
Lot width, setback, coverage and height requirements. The self-storage
facility use shall comply with the following lot width, setback, coverage
and height requirements.
(1)
The minimum lot width for the self-storage facility shall be
200 feet.
(2)
The principal buildings and self-storage facilities located
on the lot occupied by the self-storage facility use shall be located
at least 50 feet from all street rights-of-way lines.
(3)
The outdoor storage and/or parking of recreational vehicles,
boats, campers, trailers or similar vehicles, shall only be permitted
by special exception and shall only be permitted behind the self-storage
buildings, and shall be located at least 50 feet from any property
line.
(4)
No more than 50% of the lot shall be covered by buildings.
(5)
No more than 70% of a lot shall be covered by any combination
of buildings, structures and impervious surfaces, including permeable
paving.
(6)
The maximum height of any building or structure shall not exceed
35 feet, as measured from the average ground elevation to the highest
point of the building or structure.
C.
General requirements.
(1)
The self-storage facility shall be serviced by public sanitary
sewer facilities (where available) or on-lot sanitary sewer facilities,
which shall be consistent with any plans adopted by East Hanover Township.
(2)
The self-storage facility shall be serviced by public water
supply facilities (where available) or on-lot water supply facilities,
which shall be consistent with any plans adopted by East Hanover Township.
(3)
All other utility provisions serving the self-storage facility
shall be planned and installed in accordance with the specifications
of the public utility provider supplying service. Unless otherwise
required by the utility company or authority providing service, the
utility services and connections shall be installed underground.
(4)
Each self-storage building shall be a fully enclosed building
that shall be built of durable materials on a permanent foundation.
(5)
Truck trailers, box cars or similar structures shall not be
used as storage units.
(6)
If required by the Township, the perimeter around the self-storage
units shall be enclosed and contained by an eight-foot security fence,
with a twenty-four-hour automated access gate.
(7)
The entrance and all vehicular access aisles shall be a minimum
of 24 feet in width and shall be unobstructed by vehicles and/or equipment.
The entrance or main entrance shall be paved and landscaped from the
cartway of the public road to a point 50 feet within the automated
access gate.
[Added 6-28-2021 by Ord.
No. 2021-2]
All storage facilities shall comply with the following requirements,
conditions, and regulations:
A.
All storage shall be conducted in buildings existing as of the effective
date of this chapter.
B.
All storage facilities shall be fully enclosed structures.
C.
Storage facilities shall be used solely for the storage of personal
property. The following uses and activities shall be prohibited:
(1)
On-site auctions, except storage lien auctions.
(2)
Wholesale uses, retail sales uses and garage sales.
(3)
Residential occupancy.
(4)
The storage of flammable, high combustible, explosive or hazardous
chemicals.
(5)
The servicing, repair, or fabrication of motor vehicles, motorcycles,
boats, trailers, lawn mowers, appliances, or similar equipment.
(6)
The operation of power tools, spray painting equipment, table
saws, lathes, compressors, welding equipment, kilns, or other similar
equipment.
(7)
Any use that is noxious or offensive because of odors, dust,
noise, fumes, or vibrations; retail sales and services; residential
uses; and other similar noncompatible uses.
[Added 6-28-2021 by Ord.
No. 2021-2]
Contractor's offices or shops are subject to the following criteria:
A.
Construction vehicles and equipment shall be stored within enclosed
structures.
B.
A ten-foot buffer yard shall be provided along side and rear lot
lines unless a larger buffer yard is required under other provisions
of this chapter.
D.
Hours of operation on site shall be limited to minimize impacts on
adjacent residential uses.
E.
Outdoor storage of supplies, inventory, or materials used in the
contractor's operation shall be permitted.
F.
Any activities that produce noxious dust, odor, light, or noise,
perceptible at the property line are prohibited.
[Added 6-28-2021 by Ord.
No. 2021-2]
Contractor storage yards are subject to the following criteria.
Supplies stored outdoors shall be neatly arranged and no required
yard setback areas shall be used for storage. Where such use abuts
any Residential District, the following requirements shall apply to
the side and rear yard property boundaries:
A.
Construction of a solid wall or solid opaque fencing eight feet in
height, or equivalent landscape screening designed to conceal and
screen the storage areas from adjoining properties.
B.
Within a required rear yard or side yard setback, there shall be
a landscaped planting strip not less than four feet in depth, planted
with shrubs or trees which are not less than three feet high at the
time of planting and which are of a type that may be expected to form
a year-round dense screen at least four feet high within three years.
The landscaped planting strip shall be maintained in good condition
at all times, including the replacement of any shrubs or trees which
are damaged, die or otherwise fail to grow.
C.
Outdoor trash dumpsters shall be concealed within an area surrounded
by solid opaque fencing not less than six feet in height. The provision
of any outside lighting shall be directed away from adjacent properties.
[Added 6-28-2021 by Ord.
No. 2021-2]
Airfields, strips, or landing facilities and buildings accessory
thereto are subject to the following criteria:
A.
Minimum lot area of 10 acres.
B.
Applicant shall submit a plot plan of the lot indicating the runway
approach area and existing residences located within a five-hundred-foot
radius of the runway.
C.
Runway shall be no closer than 100 feet to any residential district,
and no closer than 50 feet to any property line or road right-of-way
line.
D.
A description of equipment and facilities to be utilized, and a description
of overall development plans for the lot shall be made available to
the Zoning Hearing Board.
E.
The airport approach area shall be defined as a three-hundred-foot-wide
area lying within and below an inclined plane extending outward horizontally
1,000 feet at a ratio of one foot of height for each 20 feet from
each end of the runway. No building, structure or airport hazard shall
exceed one foot in height, for each 20 feet of length of an established
airport runway, with no structure or airport hazard to exceed 35 feet
in height anywhere within the lot.
F.
Any pulsating or intermittent lighting is prohibited.
G.
Flood lights, spotlights and other lighting devices shall be arranged
or shielded so as to illuminate parallel to the ground and not in
an upward direction.
H.
Any radio or electronic device shall be permitted only with approval
and license by the Federal Communications Commission.
I.
All facilities of this nature shall conform and operate under the
standards set by the FAA and Pennsylvania Aeronautical Commission.
J.
The Zoning Hearing Board may impose other conditions as are appropriate
to public safety and welfare, including hours of operation, frequency
of use and a location in relation to existing residences.
[Added 6-28-2021 by Ord.
No. 2021-2]
Sandpits, gravel pits, removal of topsoil, and the excavation,
extraction or removal of any natural resource from the land or ground
for any purpose are subject to the following criteria:
A.
Application for the special exception shall be accompanied by an
approved Department of Environmental Protection permit authorizing
said activities.
B.
The proposed operation shall not adversely affect soil fertility,
drainage, and lateral support of abutting land or other properties,
nor shall it contribute to soil erosion by water or wind.
C.
Where any open excavation will have a depth of 10 feet or more and
a slope of more than 30%, there shall be an appropriate, protective
fence with suitable gates where necessary, effectively blocking access
to the area in which extraction is located. Such fence shall be located
no less than 50 feet from the edge of the excavation. All operations
shall be screened from nearby residential uses as required by the
Zoning Hearing Board.
D.
That portion of access roads located within 100 feet of any lot in
residential use or lot zoned residentially shall be provided with
a dustless surface. Access roads shall connect to collector or major
road networks avoiding undue movement through residential areas.
E.
At all stages of operations, proper drainage shall be provided to
prevent the collection and stagnation of water and to prevent harmful
effects upon surrounding properties.
F.
A site plan for rehabilitation, showing both existing and proposed
final contours, shall be submitted. After any such operations, the
site shall be made re-usable for a use permitted in the Zoning District.
Where topsoil is removed, sufficient arable soil shall be set aside
for retention on the premises and shall be respread over the premises
after the operation is terminated. Except where lakes are created
and retained, the area shall be brought to final grade by a layer
of earth at least two feet deep or to original thickness, whichever
is less, and capable of supporting vegetation. Fill shall be of an
acceptable material.
[Added 6-28-2021 by Ord.
No. 2021-2]
A.
Purpose.
(1)
Successful tourism depends upon the quality of the natural and
built environments. Lebanon County's distinct character and quality
resource provides the foundation for developing appropriate types
of authentic tourism products that would ensure that the county remains
a unique and competitive destination in the future. Therefore, any
tourism venture or experience that would be permitted in the agricultural
areas of the Township must be directly related to supporting the primary
use of the farm by interpreting the agricultural heritage of the county
and providing a distinctly Lebanon County experience.
(2)
Therefore, certain types of uses are more appropriate than others
in certain zoning districts because of the direct nexus to experiencing
Lebanon County's agricultural heritage. Other uses that are determined
by the Zoning Hearing Board that do not meet this basic threshold
and are not incidental to the primary agricultural use are not permitted.
B.
Uses permitted.
(1)
Farm markets.
(2)
U-pick operations.
(3)
Christmas tree farm/cut your own.
(4)
Local farm products retail operations (including crafts made
on the farm; food products, garden and nursery products grown on the
farm; and clothing products made from the wool of animals raised on
the farm, etc.).
(5)
Corn mazes.
(6)
Hayrides.
(7)
Farm-related interpretive facilities and exhibits.
(8)
Agriculturally related educational and learning experiences.
(9)
On-farm tours with demonstrations of agricultural practices,
techniques and methods.
(10)
Walking and bicycling tours and trails.
(11)
Farm stays.
(12)
Recreation related operations (outfitters, cross country skiing,
fishing and hunting facilities, bird watching).
(13)
Horseback/pony rides.
(14)
Retail sale of food products not produced on the farm.
(15)
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, as long as they are directly related to, remain secondary
and clearly incidental to, and compatible with, the active agricultural
operation or agribusiness.
(16)
Weddings.
(17)
Concerts.
(18)
Banquets.
(19)
Agriculturally related special events/fairs/festivals.
(20)
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.
C.
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.
D.
Applicants must submit a sketch plan or land development plan identifying the location of the agritainment/agritourism enterprise, all farm buildings, dwellings, existing and proposed driveways, access drives, parking areas, vehicle turn around areas, location of sanitary facilities (if required), and screening and landscaping in accordance with Chapter 185, Subdivision and Land Development.
E.
Parking must be in compliance with Article XXI. Parking is not permitted in the street right-of-way.
F.
A driveway occupancy permit must be approved by the Township for
access to Township roads and must be reviewed by the Board of Supervisors
for access to state roads.
G.
Sanitary facilities shall be provided in accordance with PADEP requirements.
H.
All prepared food available for sale must be prepared in accordance
with applicable federal, state, or local regulations. Produce grown
on the farm is permitted.
I.
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.
J.
To the maximum extent feasible, the agritainment/agritourism use(s)
shall be conducted within an existing 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 event(s).
(1)
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.
(2)
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.
K.
The maximum permitted size for signs used for the agritainment/agritourism enterprise shall be in compliance with Article XXII.
L.
The applicant shall submit evidence that all state and federal requirements
have been met prior to the issuance of a final certificate of zoning
compliance. Applicants must consult with the Township's building code
officer to determine if a building permit is required for any building
proposed as part of the agritainment/agritourism enterprise.
M.
The applicant shall submit proof of adequate liability insurance.
N.
Special events, fairs and festivals shall comply with the following
regulations:
(1)
Tents or other temporary structures shall comply with all setback
regulations for principal buildings in this chapter.
(2)
All waste, trash and rubbish, tents and temporary structures,
and any other displays or exhibits that resulted from the special
event shall be removed from the property within 24 hours after the
special event has ended.
(3)
Overflow parking areas may be on grass surface areas of the
lot. The grass surface area which is to be used for overflow parking
shall be kept in suitable grass cover and shall not be allowed to
degrade to an erodible condition. In the event any portion of the
overflow parking area is disturbed, the areas shall be reseeded or
planted with sod to ensure the area remains grass surface. Such planting
shall occur within one week after the special event has ended. Overflow
parking areas shall be enclosed by a temporary barrier fence to prevent
the flow of traffic across property lines, all such fences shall be
removed within one week of a special event ending. Overflow parking
areas shall be set back at least 25 feet from side and rear property
lines.
(4)
All driveway locations must be permitted under applicable state
or local regulations.
O.
No part of an agritainment/agritourism use shall be located within
50 feet of any lot line.
P.
It shall be the responsibility of the applicant and/or landowner
to prove compliance with these regulations at the time of application
for a zoning permit.
[Added 12-18-2023 by Ord. No. 2023-03]
Short-term rentals are subject to the following criteria:
A.
A minimum lot size of one acre with an approved and operating on-lot
sewage system or connection to public sewer. If not served by a public
sewer system, evidence that the sewer system is adequate to serve
the maximum number of occupants of the short-term rental unit. The
number of bedrooms permitted for a short-term rental shall not exceed
the number of bedrooms approved for the dwelling unit on the sewage
permit issued for such property. Where there is no sewage permit on
record, the short-term rental shall be limited to three bedrooms unless
proof is provided to the Sewage Enforcement Officer that the septic
system is adequate to handle additional flows. Any short-term rental
advertising more than five bedrooms shall provide proof that the septic
system is adequate to handle such flows by having the system approved
by the Sewage Enforcement Officer, or by providing a septic permit
previously issued by a Sewage Enforcement Officer. If a sewage system
malfunction occurs, short-term rental of the dwelling unit shall be
discontinued until the malfunction is corrected in accordance with
Township and Pennsylvania Department of Environmental Protection requirements.
B.
An adequate and safe water supply to the property. If not served
by public water, then the owner shall provide annual proof that a
potable water supply is available for the short-term rental unit.
C.
Fully functioning bathing, toilet and kitchen facilities shall be
provided for every three bedrooms, or part thereof.
D.
A minimum of one off-street parking space shall be provided on said
property for each bedroom used as part of a short-term rental.
E.
All parking shall be designated on said property and there shall
be no on-street parking permitted at any time. Parking areas shall
be maintained in a mud-free condition with paving, stone or similar
material. No recreational vehicles, campers, buses or other large
vehicles used by the occupant(s) of the short-term rental unit shall
be parked on any lot except in a carport, an enclosed building, in
a rear yard, or in a side yard behind the front facade of the building
in which the short-term rental unit is located or on that portion
of a private driveway not within the road right-of-way. No such equipment
shall be used for living, sleeping or housekeeping purposes when parked
on a short-term rental lot, or in any location not approved for such
use.
F.
No exterior or inter SOLAR ARRAY ior sign intended to be seen by
the public that advertises the short-term rental use shall be permitted.
G.
The maximum overnight occupancy of a short-term rental is as follows,
unless otherwise authorized by the Board of Supervisors:
|
Number of Bedrooms
|
Maximum Number of Occupants
|
|---|---|
|
1
|
4
|
|
2
|
6
|
|
3
|
8
|
|
4
|
10
|
|
5
|
12
|
|
The maximum number of day guests allowed at any one time, in
addition to the overnight occupants, shall be 50% of the maximum overnight
occupancy of the short-term rental. No tents are permitted, and outdoor
overnight sleeping of tenants or guests is prohibited.
|
H.
All short-term rentals shall be equipped with the following which are in compliance with Chapter 68 (Construction Code, Uniform) and Chapter 141 (Property Maintenance of the East Hanover Township Code of Ordinances):
(1)
An operating smoke detector in each bedroom, outside each bedroom
in the common hallways, and on each floor.
(2)
An operating carbon monoxide detector for any open flame (oil
or gas) furnace or gas fireplace and in any attached garage.
(3)
An operating fire extinguisher in any kitchen.
(4)
GFCI outlets located within six feet of any water source, including,
but not limited to, all sinks, sump pumps, etc., and all electrical
outlets must have approved covers.
(5)
Aluminum or metal exhaust from any dryer, if provided.
(6)
Stairs (indoor and outdoor) and handrails in good condition.
(7)
Emergency egress windows.
I.
Every year the owner shall apply and receive a permit to operate
a short-term rental from the Township. The application shall require
that the owner provides sufficient information for confirmation that
the short-term rental unit meets the requirements of this part, and
said application criteria, process and procedure shall be established
by resolution. Any existing short-term rental unit, as of the adoption
of this part, shall provide certification from Lebanon County verifying
an established and registered short-term rental unit. The Board of
Supervisors may establish a permit fee for any short-term rental unit
by resolution. The Township shall have the right to enter upon and
inspect the rental unit, at reasonable hours and in a reasonable manner
for the administration and enforcement of this code. The Township
shall provide a minimum of twenty-four-hours' notice prior to
the inspection. The permittee shall be required to pay an inspection
fee as established by resolution.
J.
The owner shall identify a local designated agent (which may be the
owner) who shall have access and authority to assume management of
the property and take remedial measures. The local designated agent
shall provide a twenty-four-hour telephone number and shall respond
within one hour to the Township or the police after being notified
by such official of the existence of a violation of this part or any
disturbance requiring immediate remedy or abatement. If the local
designated agent is not the owner, this individual shall immediately
advise the owner of any notification of a violation. The local designated
agent and contact information shall be updated annually with the Township.
