Township of East Hanover, PA Article XXV Criteria for Special Exceptions and Other Selected Uses

§ 250-237 General description.

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.

§ 250-238 Procedure.

The procedure for consideration of a special exception shall follow the procedure for review and hearings as stated in Article XXVIII of this chapter.

§ 250-239 Plan requirements.

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.

§ 250-240 General standards for all special exception applications.

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.

P. For development within the general Floodplain District, that the application complies with the requirements listed in Article XVIII.

§ 250-241 Criteria for specific land uses.

In addition to those items required by §§ 250-239 and 250-240 (if applicable), each of the following land uses contains criteria that shall be addressed by the applicant and reviewed by the Zoning Officer, when permitted by right, or by the Zoning Hearing Board, when permitted by special exception.

§ 250-242 Accessory apartments.

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.

§ 250-243 Accessory farm dwellings.

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.

§ 250-244 Adult-oriented business.

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. As used in this chapter, the following terms, word and phrases shall have the meanings ascribed to them by this section:

ADULT BOOKSTORE

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.

ADULT THEATER

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.

ADULT-ORIENTED BUSINESS

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.

ADULT-ORIENTED PRODUCT

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.

ADULT-ORIENTED SERVICE

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.

(2) An adult-oriented business shall not be permitted to be located within 500 feet of any of the following:

(a) Any building or other structure used for residential purposes.

(b) Any residentially zoned land.

(c) The geographical boundary line of the Township.

(3) An adult-oriented business shall not be permitted to be located within 1,000 feet of any of the following:

(a) Any other adult-oriented business.

(b) Any public or private school, park or playground, day-care facility, public recreation facility, commercial recreation or entertainment facility, library, museum, or church or other house of worship.

(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.

§ 250-245 Standards governing communications towers and antennas and communications equipment buildings.

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.

§ 250-246 Elder cottage housing (ECH) units.

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:

(a) The death of the occupants of the ECH unit;

(b) The date of the conveyance or other transfer of the lot by the owner or owners;

(c) The failure to comply with any of the requirements specified herein; or

(d) The failure to comply with any of the conditions imposed by the Zoning Hearing Board.

(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.

§ 250-247 Industrial/business parks.

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.

H. Off-street parking shall be provided in accordance with Article XXI of this chapter.

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.

L. Development plan. For each industrial/business park development, a land development plan shall be prepared, submitted and approved in accordance with the requirements of Chapter 185, Subdivision and Land Development.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 250-248 Accessory keeping of horses.

[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.

F. The minimum lot area requirements of § 250-248A may be modified only by a special exception granted by the Zoning Hearing Board.

§ 250-249 Business in the agricultural district.

[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.

(8) Contractor's offices or shops, and contractor storage yards, as also regulated in §§ 250-253.3 and 250-253.4 of this chapter.

(9) Agritainment/agritourism enterprises, as also regulated in § 250-253.7 of this chapter.

(10) Self-storage facilities, as also regulated in § 250-253.1 of this chapter.

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

(d) Existing buildings that exceed the business building coverage allowed in Subsection J(1)(a) through (c) above may be used in the business provided they don't exceed the total impervious coverage limitations in Subsection J(2) below.

(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.

L. All businesses in the Agricultural District shall require the preparation of a land development plan in accordance with the requirements of Chapter 185, Subdivision and Land Development and shall comply with the requirements of Chapter 172, Storm Water Management.

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:

(1) Amount of floor space to be used for accessory retail sales.

(2) Hours of operation.

(3) Type and placement of screening.

§ 250-250 Open space development.

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.

(b) The total area of the tract may include:

[1] The right-of-way of any new future streets proposed within the tract as part of the open space development plan submittal; and

[2] Any proposed public and/or private open space.

(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.

(1) Permitted uses. The following uses are permitted within an open space development:

(a) Within the RSP and RLD zoning districts:

[1] Single-family detached dwellings.

[2] Open space uses as set forth in Subsection F of this section.

(b) Within the RHD zoning district:

[1] Single-family detached dwellings.

[2] Single-family semidetached dwellings.

[3] Two-family detached dwellings.

[4] Two-family semidetached dwellings.

[5] Townhouses.

[6] Garden apartments.

[7] Open space uses as set forth in Subsection F of this section.

(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:

[1] Single-family detached: a minimum of 40% and maximum of 100% of all proposed dwelling units.

[2] Single-family semidetached: a maximum of 40% of all proposed dwelling units.

[3] Townhouses and garden apartments: a maximum of 20% of all proposed dwelling units.

(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:

[i] Promote recharge of the groundwater system;

[ii] Be available and appropriate for active or passive recreational use or scenic enjoyment; and

[iii] Otherwise conform to the purposes, standards, and criteria for open space set forth in this section.

[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:

[a] Such land is accessible to the residents of the Township;

[b] There is no cost of acquisition other than any costs incidental to the transfer of ownership such as title insurance and recording fees; and

[c] The Township agrees to and has access to maintain such lands.

[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;

(4) Such modifications will not result in a decrease in open space below that required in § 250-250D for the open space development.

(5) The extent of the modification provides the minimum amount of relief necessary to ensure compliance with the preceding criteria in this § 250-250.

§ 250-251 Riding club or riding stable.

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.

§ 250-252 Townhouses and garden apartments.

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.

(9) Off-street parking, as required by Article XXI of this chapter, shall be located within 150 feet of the dwelling unit to be served.

(10) Townhouse development requires the submission of a subdivision/land development plan in compliance with Chapter 185, Subdivision and Land Development.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

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.

(9) Off-street parking, as required by Article XXI of this chapter, shall be located within 150 feet of the dwelling unit to be served. Furthermore, parking facilities and driveways shall be located no less than 25 feet from any road right-of-way and 10 feet from all other property lines.

(10) Garden apartment development requires the submission of a subdivision/land development plan in compliance with Chapter 185, Subdivision and Land Development.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

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.

§ 250-253 Indoor shooting ranges.

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.

§ 250-253.1 Self-storage facility.

[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.

§ 250-253.2 Storage facilities in converted structures.

[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.

§ 250-253.3 Contractor's office or shop.

[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.

C. Off-street parking shall be provided in accordance with the requirements of Article XXI.

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.

§ 250-253.4 Contractor storage yard.

[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.

§ 250-253.5 Airfields, strips, or landing facilities.

[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.

§ 250-253.6 Sandpits, gravel pits, removal of topsoil, and natural resource extraction or removal.

[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.

§ 250-253.7 Agritainment/agritourism enterprises.

[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.