Township of Forks, PA Use Regulations

A-1, agriculture. Agriculture shall include uses such as horticulture; crop farming; raising of livestock, horses or poultry that is not "intensive agriculture"; growing nursery trees, shrubs, and flowers, Christmas trees or vegetables; and related farmhouses and usual farm buildings, provided:

Farm unit. One single-family detached dwelling shall be allowed per lot, except as follows:

One additional dwelling unit per farm will be permitted per 25 acres without further subdivision, provided the dwelling is intended for occupancy by employees of the farm or relatives of the primary operator of the farm.

The applicant shall prove compliance with any conservation easement that pertains to the property.

Buildings and structures associated with agriculture shall be permitted, provided that buildings used for the keeping of livestock and poultry shall not be located any closer than 100 feet to the lot line of a lot that is not in common ownership. Manure storage facilities shall be set back a minimum of 100 feet from any lot that is not in common ownership, unless a larger setback is established by state nutrient management regulations.

Livestock. The keeping of livestock, horses or poultry shall be limited to lots of at least five acres in area, unless a more restrictive provision applies under intensive agriculture. Riding academies, livery or boarding stables, commercial dog kennels, and the raising of fur-bearing animals are not included in this provision and must meet the requirements of Uses A-6 or A-8 herein.

Landscape contracting shall be considered a separate use.

Minimum parking. No less than two off-street parking spaces per dwelling unit and one space per two employees.

A-2, accessory agricultural sales. Sales of farm products shall be conducted from all or part of a portable or permanent structure not exceeding 400 square feet in area, under the following conditions:

Only farm products may be sold.

At least 40% of the products must be grown or raised on the property, in the county, or on other property of the operator or his/her relatives.

Access to the tract must be controlled by physical means to limit access to two points. The access point shall be no more than 24 feet wide. The access shall be able to meet safe sight distance requirements along a public street.

Buildings shall comply with the minimum setback requirements of the district.

Minimum parking. No less than one off-street parking space for each 200 square feet of building floor area or a minimum of four spaces, whichever is greater. All parking shall be provided behind the legal right-of-way.

See signs in § 200-45M.

A-3, forestry.

Forestry is the ongoing program of clearing or cutting timber resources within forested or wooded areas and coordinated with a reforestation program. Forestry does not include authorized clearing in accordance with plans approved pursuant to this chapter, the issuance of a building permit, nor removal of sick or dead trees.

Forestry is permitted, provided that the landowner obtains a zoning permit subject to the following conditions:

The application for a permit shall include a written and graphic reforestation or forest maintenance program showing a program for the reestablishment of the forest or wooded area on a sustained yield basis.

If clear cutting of woodland is planned, such operations shall be limited to no greater than 20% of the woodland area per year and shall include a soil sedimentation and erosion control plan and woodland management plan which is subject to the review and approval of the Township. Furthermore, all clear-cutting operations shall be coordinated with a reforestation program. Clear-cut forestry shall not be permitted on slopes greater than 15% or within 100 feet from the average water level of the Delaware River or the Bushkill Creek.

An agreement must be signed by the landowner and recorded with the Township stating that no such forestry operation shall be considered to reduce the area of forest or "woodlands" as defined within this chapter. The application for a permit must indicate the existing amount of forested or wooded land for the total site prior to the commencement of any forestry operation.

The landowner shall be responsible that all such forested or wooded areas are either reforested or maintained in a forested state. In addition, the landowner shall be responsible for the installation and maintenance of the soil sedimentation and erosion control plan. The Township may require a performance bond to insure that these standards are met.

Forestry shall not permit the construction of structures.

A-4, greenhouse. Buildings and structures associated with interior vegetable production and/or horticultural or nursery uses, including permanent, temporary or portable, cold sheds and the like, provided:

Buildings of more than 5,000 square feet of floor area shall not be located any closer than 100 feet to any property line or closer than 50 feet to any delineated one-hundred-year floodplain or wetland. All such buildings and structures shall require an approved stormwater management plan in accordance with Chapter 175, Subdivision and Land Development, and a plan for the recycling of all fertilizers, pesticides and other organic or inorganic chemicals used in or associated with the use.

The maximum permitted impervious surface ratio shall be 35%, unless a more restrictive requirement is established by the district regulations.

A-5, intensive agriculture. Intensive agriculture, including composting of mushrooms or livestock, or poultry operations that involve an average of more than five animal equivalent units on the lot.

Minimum lot area: 25 acres.

Dwellings and accessory farm buildings shall be permitted in accordance with the regulations for agriculture, Use A-1.

If any stream or swale is present, it shall be buffered by a twenty-foot vegetated strip outside of the outer edge of the floodplain. Measures that will be used to protect water quality shall be described in writing.

The applicant shall show compliance with state nutrient management regulations.

Parking. No less than one off-street parking space per two employees.

Use A-5 shall also comply with the requirements for Use A-1.

In addition to the setback provided under Use A-1, buildings for the confinement of livestock or poultry as part of intensive agriculture shall be set back a minimum of 500 feet from any OR, SR, SR-1, HC, RC, or CR District boundary.

A-6, kennel. The keeping of more than six dogs that are more than six months old on a lot, which shall meet the following conditions:

Minimum lot area: five acres.

No animal shelter or runway shall be located closer than 300 feet to any residential building other than the owner's. No animal shelter or runway shall be located less than 100 feet from a lot line of another lot.

The total number of dogs on the property shall not exceed 100.

Parking. No less than one off-street parking space for each employee plus space for each 10 animals in capacity, except for training where one space shall be provided for each three animals.

A-7, farm support facility. Commercial grain or commercial feed mill; facility for the warehousing, sale and service of agricultural equipment, vehicles, feed or supplies.

Minimum lot area: five acres.

Maximum impervious surface ratio: 40%.

The lot shall have frontage on and take access from an arterial or a major collector highway as designated in the Forks Township Comprehensive Plan.

No area for the storage or processing of manure shall be situated less than 200 feet from any street or property line.

Parking. One off-street parking space for every 500 square feet of gross floor area plus one space for each company vehicle normally stored on the premises.

A-8, riding academy/boarding stable. Equestrian riding academy, livery, or boarding stable, subject to the following provisions:

Minimum lot area: 10 acres.

Dwellings and accessory farm buildings shall be permitted in accordance with the regulations for agriculture, Use A-1.

No more than two horses or similar animals per acre shall be permitted.

Parking. No less than one off-street parking space shall be provided for every three persons present at such facilities when they are used to capacity.

A-9, accessory farm business. An accessory farm business is a revenue-gathering venture that is conducted on the land in addition but as an accessory to the principal agricultural or nursery use.

The following requirements apply to accessory farm businesses:

Purposes. To encourage the continuation of farming by allowing working farms to market their products and services directly to the public as an accessory use and in a manner that is compatible with the rural/residential character of the Township.

Accessory agricultural sales are also allowed under Use A-2.

All farm businesses shall meet the requirements for water supply, sewage disposal, and restroom facilities of the Township, DEP and any other agency with jurisdiction.

The accessory farm business is permitted as an accessory use only. If any of the conditions to which the use is subject cease to be met, then the accessory farm business use shall also cease.

The following shall be allowed under this use:

Accessory farm entertainment uses if the requirements of Subsection A(9)(b) are also met.

Educational tours.

Pony/horseback rides or boarding of horses and similar animals.

Custom woodworking and wood refinishing or furniture repair.

Custom manufacture of lawn ornaments or gazebos.

Repair and maintenance of one motor vehicle at a time, in addition to farm equipment.

[g]

Small engine repair, blacksmithing or sharpening services.

[h]

Composting and sale of leaves, branches or bark, not including burning of materials brought into the site from elsewhere and not including burying of tree stumps.

Construction tradesperson's headquarters or rental storage.

[j]

Other uses that the applicant proves to the satisfaction of the Zoning Hearing Board, as a special exception, are closely similar to uses provided above. See also Use A-7, farm support facility, which allows additional uses.

The use shall be conducted by a resident or owner of the property, his/her relatives, and a maximum of six other persons working on site at one time, in addition to persons employed for agricultural uses. In addition, a farm building that existed prior to the adoption of this section may be leased to a nonresident for a use meeting these standards.

An accessory farm business shall not occupy more than 5% of the lot area, and shall not involve construction of more than 5,000 square feet of building floor area for the use after the adoption of this section. Any newly built or expanded building shall maintain a residential or agricultural appearance.

Any manufacturing use shall be of a custom nature, be conducted completely indoors, and not require daily service by tractor-trailer trucks.

The use shall not generate noises, odors, nuisances, nighttime lighting, or hazards beyond what is typical for an agricultural use.

Minimum tract area: 15 acres.

Entertainment as an accessory farm business. This shall include the use of a farm for educational tours, seasonal festivals related to products grown on the farm, craft fairs, hayrides, and horse shows. In addition to complying with Subsection A(9)(a) above, an accessory farm entertainment use is subject to the following additional requirements:

Minimum lot area for nonagricultural commercial uses: 15 contiguous acres.

The accessory farm uses permitted are limited to educational tours, seasonal festivals related to products grown on the farm, craft fairs, hayrides, and horse shows.

No activity or event or structure used for an activity or event shall be located within 100 feet of a right-of-way line or property line, except for a parking area which may be located within 20 feet of a right-of-way line or property line.

No entertainment event shall continue past 9:00 p.m. Sunday through Thursday, and past 11:00 p.m. Friday and Saturday.

The following types of activities shall not be permitted:

Outdoor concerts or amplified sounds which exceed or would exceed the decibel (dBA) limits for residential districts as set forth in § 200-33 of this chapter.

Amusement rides without a permit.

Flea markets.

Farm entertainment uses are permitted within the FP District as follows:

Educational tours.

Halloween hayrides. Seasonal festivals, craft fairs and sleigh rides.

Parking for farm entertainment uses. Off-street parking areas shall be provided in designated areas to accommodate all attendees at any special event, seasonal festival, craft fair, hayride, or other permitted event. Driveways from public roads to parking areas shall have a paved apron at the entrance, which is a minimum of 25 feet in length from the edge of paving.

A traffic control plan and a parking control plan must be submitted to and approved by the Township Police Department prior to the events other than educational tours. Two road connections are required to allow for emergencies.

Access to the farm to be used for an entertainment use must be from an arterial or collector road.

Lighting will be subject to the requirements of § 200-39, Lighting, of this chapter, on adjacent properties. All event-related lighting is to be turned out 30 minutes after the event has concluded.

Signs will be subject to the requirements of Article VIII of this chapter.

Residential uses. All dwelling units shall provide a minimum of two off-street parking spaces per dwelling unit.

B-1, single-family detached dwelling. This use shall involve a detached building that only includes one dwelling unit, and that has a front, rear and two side yards.

If a single-family detached dwelling is a manufactured/mobile home, then the following additional requirements shall apply:

Construction. Any mobile/manufactured home placed on any lot after the adoption of this chapter shall be constructed in accordance with 1976 or later Safety and Construction Standards of the United States Department of Housing and Urban Development. (NOTE: These federal standards supersede local construction codes for the actual construction of the home itself.)

Each site shall be graded to provide a stable and well-drained area.

Each home shall have hitch and tires removed.

Anchoring. A mobile/manufactured home on an individual lot or mobile/manufactured home park shall include a system that properly secures the home to the ground to prevent shifting, overturning or uneven settling of the home, with a secure base for the tie-downs. The anchoring devices shall extend below the frost line. This system shall comply with the Township Construction Codes.[1]

Editor's Note: See also Ch. 77, Building Construction.

Foundation treatment. The space between the bottom of the home and the ground and/or home pad shall be enclosed using a durable fire-resistant material that has the appearance of a foundation of a site-built home, such as material with a concrete-type or stucco facing. Metal skirting shall not be permitted. Provisions shall be provided for access to utility connections under the home.

B-2. (Reserved)

B-3. (Reserved)

B-4. (Reserved)

B-5, twin house. A twin house involves two single-family semidetached dwelling units, with the dwelling units completely separated by one vertical wall.

B-6, duplex. A duplex is a detached building composed of two-dwelling units, that does not meet the definition of a "twin house." In most cases, this will involve one dwelling unit above the other dwelling unit.

B-7. (Reserved)

B-8, townhouse. A townhouse duplex is a one-family attached or semidetached dwelling within a building that involves three or more dwelling units attached side-by-side or back-to-back, with only one dwelling unit from ground to roof. No more than two vertical walls of each dwelling are in common with other such dwellings, provided:

An average of five dwelling units in a row shall be permitted, with no more than eight dwelling units connected in any row or grouping.

Townhouses shall be arranged in groups or clusters. The total length of a row of townhouses shall not exceed 160 feet.

To create architectural interest in the layout and character of housing fronting streets, variations in setbacks, rooflines and design shall be required. In any case, a minimum of two feet variation in setback or rooflines shall occur at least every third dwelling.

Each townhouse dwelling shall have a minimum building width of 18 feet. However, if a townhouse dwelling has garage door(s) for two or more motor vehicles entering onto the front of the dwelling, or if more than 50% of the front yard would be paved, then the minimum building width shall be 24 feet.

B-9. (Reserved)

B-10, apartment. An apartment dwelling is an attached dwelling within a three-unit to sixteen-unit dwelling building and which does not meet the definition of a "townhouse" or a "residential conversion." The building has setbacks on all four sides.

The maximum length of such a building shall be 120 feet.

Apartments shall be arranged in groups or clusters.

To create architectural interest in the layout and character of housing fronting streets, variations in setbacks, rooflines and details shall be required. In any case, a minimum of six feet variation in setback or rooflines shall occur at least every 60 feet.

The following building layout regulations shall apply.

Minimum spacing between apartment buildings.

End wall (no openings) to end wall: 1/2 the height of highest wall, 12 feet minimum.

Any building face to street curb: height of building face for first 25 feet, two times building height for 25 feet and over, 20 feet minimum.

Any building face to parking area: 1/2 the height of highest building face, 12 feet minimum.

End wall to window wall: 1 1/2 times the height of highest wall, 30 feet minimum.

Window wall to window wall: three times the height of highest wall, 75 feet minimum.

Minimum spacing between an apartment building and a building of a different use:

Where buildings of different types will be developed as a single development group, such as single-family dwellings and apartments, an appropriate buffer shall be used. This may include fencing, facing similar uses toward each other, natural areas, parks or recreation facilities or uses providing gradual density changes between two dissimilar uses.

Actual building spacing between the two types of uses shall be equal to the height of the lower-density use times the difference in the net density of the two uses. Where a development abuts existing single-family detached housing, the requirements for buffers as set forth herein shall apply.

(10A)

B-10A, apartment with commercial-retail mixed-use component (retail and/or office). The following regulations shall apply to Use B-10A in lieu of standards specified by SALDO § 175-44, Multifamily dwelling design standards.

[Added 5-21-2020 by Ord. No. 363]

A Use B-10A apartment building is an attached dwelling within a three-unit to sixty-unit dwelling building and which does not meet the definition of a "townhouse" or a "residential conversion." The building has setbacks on all four sides.

The maximum length of such a building shall be 200 feet.

Apartment buildings shall be arranged in groups or clusters.

To create architectural interest in the layout, character, and facades of housing that fronts streets, building recesses and projections, rooflines variations, and material and color variations shall be provided. A minimum variation of one foot in building recess or projection and rooflines shall occur at least every 60 feet of building length. At least three complementary materials in three complementary colors shall be used to enhance the architectural character of the building facade.

Permitted projections beyond the building envelope shall include roof soffits; up to three feet of private apartment balconies (if incorporated into architectural design at the sole discretion of the applicant); up to three feet of bay windows, up to three feet of pent eave roofs, up to five feet of porticoes and stoops, up to 18 inches of pilasters, and any other feature deemed an architectural facade element.

The following building layout regulations shall apply to Use B-10A.

Minimum spacing between apartment buildings:

End wall (no openings) to end wall: 25 feet minimum.

Any building face to street, driveway, service road, curb: 10 feet minimum.

Any building face to parking area: 10 feet minimum.

End wall to window wall: 30 feet minimum.

Window wall to window wall: 30 feet minimum.

In no case shall space between buildings be less than the height of the tallest building involved.

For Use B-10A buffering from adjoining properties containing single-family residential uses shall be as required by § 200-19C.

Parking:

For Use B-10A, parking shall be provided at the rate of 2.0 parking spaces per dwelling unit.

Parking spaces for the commercial-retail component shall be in addition to required parking for Use B-10A, as designated by allowable uses within the TC Town Center District, § 200-18, except that use of the parking spaces within the commercial-retail component may also be utilized by Use B-10A and vice versa.

Parking design shall be in compliance with applicable requirements of SALDO § 175-43, Residential design standards.

Angled parking with one-way aisles shall be permitted with the following minimum aisle widths:

60° angled parking: minimum 18 feet aisle width.

45° angled parking: minimum 16 feet aisle width.

30° angled parking: minimum 14 feet aisle width.

Entrance:

For Use B-10A, the entrance shall be a boulevard-style design having a minimum length of 125 feet as measured from the center line of the intersecting street.

The primary entrance shall be classified as a private street and not a public street, unless offered for dedication to, and accepted by, the Township.

Minimum cartway width of each boulevard lane shall be 14 feet.

Minimum width of boulevard island shall be six feet as measured from face of curb to face of curb.

The boulevard shall be landscaped at a minimum with lawn area (or other material approved by the Township), and provided with a shade tree a minimum of every 40 linear feet.

Trees shall be compliant with Township SALDO requirements.

Parking along the primary boulevard-style entrance and egress lanes shall be prohibited and posted accordingly with PennDOT approved signage.

The primary entrance shall be designed in accordance with applicable standards of Township SALDO § 175-42N.

Access to Use B-10A shall include the primary entrance plus at least one eighteen-foot-wide gated, secondary emergency access driveway, providing secondary emergency access to the site. If requested by the applicant, multiple points of access may be provided in lieu of a dedicated emergency access at the sole discretion of the Township.

Commercial-retail component for Use B-10A:

The commercial-retail component shall consist of minimum 45 square feet of commercial space per dwelling unit.

The commercial area shall be situated off of and along the boulevard-style site entrance.

All uses and parking within the commercial-retail component for Use B10A shall be as permitted and regulated by § 200-18, TC Town Center District.

B-11, single-family detached cluster. A single-family detached cluster use shall include single-family detached dwellings on individual lots that are clustered to preserve open space. See § 200-40.

In the FP District, cluster developments shall be located and designed to minimize intrusion upon the active farmland. The development shall be kept in tight configuration to minimize the edge of the development that abuts active farmland.

Wherever feasible in the determination of the Township, the majority of the required common open space shall be placed at a boundary of a site in a location where it can be interconnected with existing, approved or potential future common open space on an adjacent site.

B-12, mobile (manufactured) home park. A lot which has been so designated and improved that it contains two or more mobile (manufactured) homes. At the option of the applicant, a mobile (manufactured) home park may also include single-family detached sectional or modular dwelling units that are designed to meet the Township Building Code, instead of the HUD Manufactured Housing Code.

All mobile (manufactured) homes shall be set back from existing abutting public streets or roads not less than the following. These setback lines shall be measured from the street line:

	Type	Setback (feet)
	Arterial highway	120
	Collector road	80
	Other preexisting public road	60
	Other public street	40

Each mobile (manufactured) home shall be set back a minimum of 10 feet from an accessory building of a different mobile (manufactured) home.

No mobile (manufactured) home within a mobile (manufactured) home park shall be located closer than 100 feet to any residential district boundary line or to any property line on which a single-family residence is erected. Planted buffers shall be provided in accordance with § 200-38, Buffer yards and landscaping.

An enclosure of compatible design and material shall be erected around the entire base of each mobile (manufactured) home. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure. The hitch, which is employed for the normal movement of the unit, shall be removed.

Each mobile (manufactured) home shall be erected on a mobile (manufactured) home pad or using an anchoring system meeting the Construction Code[2] and the recommendations of the manufacturer.

Each mobile (manufactured) home pad shall be at least equal in length and width to the dimensions of the mobile (manufactured) home to be placed thereon.

The pad, at least six inches in thickness, shall be constructed from either concrete or asphalt concrete to prevent abnormal settling or heaving under the weight of the home. In order to prevent wind overturn and rocking, the corners of the mobile (manufactured) homes shall be secured with at least six tie-downs such as concrete dead men, screw augers, arrowhead anchors, or other devices suitable to withstand a tension of at least 2,800 pounds.

Each mobile (manufactured) home shall be set level on sturdy and substantial supports.

Editor's Note: See also Ch. 77, Building Construction, and Ch. 100, Floodplain Management.

Service buildings. Within a mobile (manufactured) home park, nonresidential uses such as management office, storage facilities for the park residents, laundry facilities, maintenance buildings and storage areas for park maintenance equipment, and a community building for the use of the park residents may be constructed subject to the following standards:

A maximum of 10% of the base site area may be used for these buildings and parking.

All buildings must comply with the required buffer yard requirements.

All buildings must be set back at least 50 feet from adjacent mobile (manufactured) homes.

All buildings must be set back 30 feet from interior streets in the mobile (manufactured) home park.

All buildings must comply with the requirements of § 200-34, Floodplain District, herein.

Parking. In addition to the two parking spaces per dwelling, there shall be an additional 0.50 parking space per unit for guests to be located in common parking areas.

Each manufactured/mobile home shall also comply with the requirements listed in this section for a mobile/manufactured home under Use Class 1, single-family detached dwelling.

A landscaped area shall be provided with a minimum width of 30 feet around the entire perimeter of the mobile (manufactured) home park. This landscaped area shall be free of vehicle parking and buildings.

B-13, performance subdivision. A performance subdivision shall include a subdivision in which a mix of types of residential dwelling units is encouraged to promote sound land planning and to provide a variety of housing choices and in which clustered development is required to preserve open space, provided that the following regulations are met:

General regulations.

Performance subdivisions shall be of a scale that will maintain the character of the appropriate district.

A minimum setback of 100 feet shall be required between any new townhouse or apartment building and any abutting lot line of a preexisting single-family detached dwelling that is not part of a performance subdivision.

The development shall consist of a harmonious grouping of buildings, service and parking area circulation, and open spaces, planned as a single unit, in such manner as to constitute a safe, efficient, and convenient residential site.

There shall be adequate provision for safe and efficient pedestrian and vehicular traffic circulation within the boundaries of the site.

Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the site without undue congestion to or interference with normal traffic flow within the region.

If the development is to be carried out in progressive stages, each stage shall be so planned that the foregoing requirements and intent of this chapter shall be fully complied with by the development at the completion of any stage. For example, maximum density and minimum open space shall be met with each phase.

The provisions for the design and maintenance of open space shall conform to the open space performance regulations in § 200-40.

A performance subdivision shall comply with Chapter 175, Subdivision and Land Development, as amended.

Required dwelling unit mix. All performance subdivisions shall conform to the minimum standards for a mix of dwelling unit types as set forth below. Dwelling unit types are specified for each district and are designated in § 200-28B(13)(d) below. Where apartments are permitted, they shall not make up more than 40% of the dwelling units in a performance subdivision.

	Number of Dwellings in Development	Minimum Required Number of D.U. Types	Maximum Percent Any D.U. Type
	1 to 85	1	100%
	85 plus	2	70%

	NOTES:
	D.U. = Dwelling unit.

Dwelling unit types per district. The following dwelling unit types shall be permitted in the following zoning districts in accordance with Subsection B(13)(c) above:

[Amended 6-16-2022 by Ord. No. 383]

Dwelling Unit Type	OR	CR	SR or SR-1	EC-1
Single-family detached, Use B-1	P	P	P	P
Twin house, Use B-5	P	P	P	P
Townhouse, Use B-8	N	N	P	P
Apartments, Use B-10, or duplex, Use B-6	N	N	P	N

NOTES:
P = Permitted
N = Not permitted

Each dwelling unit shall also meet the requirements of this § 200-28B for that use type (such as the requirements for Use B-8, townhouses).

B-14, residential conversion. Such use shall include the conversion of an existing dwelling into more than one dwelling or the conversion of an accessory building into no more than one dwelling, provided:

The yard requirements for the district in which the use is located shall be met.

There shall be a maximum of one residential conversion per residential building per residential lot.

The following minimum floor areas per unit shall be required:

Efficiency or one bedroom: 600 square feet.

Two bedrooms: 750 square feet.

Three or more bedrooms: 900 square feet.

All conversions must comply with all applicable construction codes.

If a one-family dwelling is converted, it shall maintain the appearance of a one-family dwelling as viewed from the street.

Exterior fire escapes and outside stairways shall be located at the rear or side of the building.

Documentation is required that any existing well and septic system can accommodate additional unit demands.

Parking.

No additional off-street parking shall be permitted in the front yard. Parking in the side and rear yards shall be visibly buffered from the street and the adjacent yards.

The intensity of development may be contingent upon the amount of parking permitted for any given lot. No parking shall be so extensive in proportion to the total area of any lot so as to detract from the residential character of the community. The maximum impervious surface ratio for the district may not be exceeded.

B-15, age-restricted housing. This shall include a form of residential use that is designed and operated for mature adults with or without certain support facilities, provided:

In order to be approved as age-restricted housing, every dwelling unit (except a unit for one manager) shall be permanently restricted by deed, by any lease and by notes on the recorded plan to the following occupancy limitations: a minimum of one head of household of each dwelling unit shall be age 55 years or older or be "physically disabled" as defined by Social Security disability regulations, and no person under age 18 shall live in the dwelling unit for more than 30 days in any calendar year. Any violation of such age restrictions shall be a violation of this chapter.

However, if a household was in compliance with this requirement of Subsection B(15)(a) at the time of that household's initial occupancy, and a change occurred in the household that was solely the result of death, illness, disability, divorce or separation, that change by itself shall not cause the household to be in violation of this requirement of Subsection B(15)(a).

The Township may require that the developer establish an association or similar entity that would have the primary responsibility to enforce the age limitations. This provision shall not restrict the ability of the Township to also enforce the age limitations.

Sidewalks or other Township-approved walkways shall be provided.

Parking shall be provided in the ratio of two spaces per unit. One of the two required spaces may be located in convenient overflow parking areas.

There shall be adequate provision for safe and efficient pedestrian and vehicular traffic circulation within the boundaries of the site.

The provisions for the design and maintenance of open space shall conform to the open space performance regulations in § 200-40.

Age-restricted housing shall comply with Chapter 175, Subdivision and Land Development, as amended.

Required dwelling unit mix. All performance subdivisions shall conform to the minimum standards for a mix of dwelling unit types as set forth below.

	Number of Dwellings in Development	Minimum Required Number of D.U. Types	Maximum Percent Any D.U. Type
	1 to 85	1	100%
	85 plus	2	70%

	NOTES:
	D.U. = Dwelling unit.

The development may include the following housing types: single-family detached, Use B-1; twin house, Use B-5; townhouse, Use B-8; apartments, Use B-10; or duplex, Use B-6.

B-16, group home.

The purpose of this use is to create a setting, which most nearly approximates traditional familial living arrangements for handicapped, elderly, disabled persons, and others. The intent of this use is to offer persons facing institutionalization an alternative whereby they can be placed in a family setting as nearly normal as possible, and thereby enter into the mainstream of society. This use is intended to serve the following: persons with mental illness that are not a threat to the physical safety of others: persons with developmental disabilities, victims of domestic abuse; and persons with physical disabilities or disabling illnesses. All group homes shall have the appearance of single-family dwellings or other residential structures. A group home shall not include any use that meets the definition of Use E-26, treatment center, in § 200-28E or any use that involves more than seven residents. See § 200-79E.

In addition to any other applicable provisions of this chapter, the following standards must be met in order to qualify for this use:

If a group home use will need federal, state or county permits, certifications or licenses, then the operator shall provide evidence of such permits, certifications or licenses prior to receiving an occupancy permit. Any revocation or suspensions of such permits, certifications or licenses shall be reported to the Zoning Officer in writing within seven days.

Parking. One parking space shall be provided for each employee plus one space for each two residents. Said parking spaces shall be constructed so that no more than two spaces appear in the front yard, thereby confining the remainder of the parking to the rear and side yards.

(17)

B-17, continuing care facility. Such use shall be required to comply with the following regulations:

There shall be no more than 250 dwelling units.

The maximum permitted density shall be 10 dwelling units per acre. Each two independent living, personal care, assisted living, or nursing home beds shall be equivalent to one dwelling unit.

Not more than 50% of dwelling units constructed shall contain more than one bedroom.

Direct access to a higher order road such as a major or minor arterial and residential collector street shall be provided.

The facility and its health care components shall comply with all applicable state and federal regulations.

The facility shall have access to and be connected to public water and sewer.

Parking. There shall be one parking space for each two full- or part-time employees at full operation, plus one space for each two residents. In addition, visitor parking shall equal one space for every five dwelling units. Parking spaces shall be constructed so that parking in the front yard is confined to visitor parking and the remainder to the fullest extent possible, is confined to rear and side yards. At the conditional use hearing or special exception hearing for this use, if the Board of Supervisors or Zoning Hearing Board, as the case may be, determines that fewer parking spaces are required to be built, the tribunal may grant approval of a lesser number of parking spaces. In that event, the applicant must make provision on the plans for additional on-site parking spaces if it is subsequently determined by the Board of Supervisors that said additional parking spaces are required to be built.

Religious, educational, recreational and institutional uses.

C-1, athletic facility. Such use shall include a park within a development, a recreational facility owned or operated by a nongovernmental agency, including buildings for indoor court games played with a ball such as racquetball, handball, squash, tennis, basketball, and volleyball, stadium and sports arenas owned by a school, and facilities related thereto, provided:

A minimum lot size of one acre is required.

The use shall not permit wild animal parks or zoos.

No outdoor active recreational area shall be located nearer to the lot line of a dwelling than 50 feet.

Outdoor play areas shall be sufficiently landscaped and lighting directed so as to protect residents from inappropriate nuisances.

No stadium or sports arena structure shall be located nearer than 100 feet from any residential property line. The maximum height for such structure shall be 70 feet.

Parking.

Driving range. No less than one off-street parking space for every tee, plus one space for each employee.

Other facilities. No less than one off-street parking space for each three persons of total design capacity of the facility or at least one off-street parking space for each 50 square feet of floor area used or intended to be used for service to customers, patrons, clients, guests, or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee.

C-2, cemetery. A cemetery shall include a burial place or graveyard, including a mausoleum, crematory, or columbarium, provided:

Cemetery area and bulk regulations.

The minimum lot size shall be 10 acres.

All buildings shall be set back a minimum of 40 feet from all lot lines and street rights-of-way.

If the cemetery area exceeds 50 acres, one dwelling, to be used for custodial personnel, may be permitted. If the cemetery area is less than 50 acres, there shall be no dwellings.

Cemetery design standards.

The maximum height of buildings shall be three stories or 35 feet, whichever is more restrictive.

Entrance features such as gates, fountains, statuary, and identification signs shall be set back a minimum of 10 feet from the nearest right-of-way line of any public street.

There shall be not more than two identification signs at each entrance, each with a maximum sign area of 10 square feet and a maximum height of eight feet.

Parking. Parking along a driveway or parking on a stabilized shoulder shall be provided such that traffic can still reach a public street while the parking is being used.

A crematorium shall need special exception approval and be set back a minimum of 250 feet from any lot line of a dwelling and shall only be allowed in an Employment Center District.

Any building other than a crematorium shall be set back a minimum of 75 feet from any residential property line.

C-3, community center. A community center shall include an educational center or other similar facility operated by an educational, philanthropic, or religious institution, Township, or homeowners' association, or a theater for the performing arts or concert hall as an accessory use to a school, and shall be subject to the following additional provisions:

The use shall not be conducted as a private, gainful business.

No outdoor recreational area shall be located nearer to any lot line than 100 feet for residential and 50 feet for nonresidential uses.

Parking. No less than one off-street parking space for each three seats provided for patron use, or at least one off-street parking space for each 50 square feet of floor area used or intended to be used for service to customers, patrons, clients, guests, or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee.

C-4, commercial school. Such use shall include a trade, professional, music, karate, dancing or similar school, provided:

Parking. No less than one off-street parking space per faculty member and employee, plus two spaces per three students. Parking areas shall be adequately screened when situated next to land zoned for or in residential use.

No structure shall be located nearer than 100 feet to any residential property line.

C-5, day-care center. Such use shall include a day nursery, nursery school, kindergarten, or other agency giving day care to clients, subject to the following additional provisions:

The minimum lot area shall be equivalent to the minimum lot area for a single-family detached dwelling for each applicable district.

The subject use shall be a principal use in all permitted districts, and may be an accessory use to a C-11 place of worship, C-13 recreational facility, C-12 private organization/club, C-3 community center, or any D office use.

No new principal building shall be located nearer than 75 feet from any lot line of an existing principal residential use or lot occupied by a manufacturing use.

The outdoor recreation area shall be enclosed with a secure minimum forty-five-inch-high fence. The recreation area shall be screened in accordance with § 200-38 so as to protect adjoining dwellings and shall provide adequate shade for the clients.

Such use shall show proof that it will conform to all applicable state laws.

Parking. No less than one off-street parking space for each employee plus two parking spaces per five clients. Parking shall be adequately screened when situated next to land zoned for or in residential use.

C-6, golf course. A golf course may include a clubhouse, restaurant, and other accessory uses, provided these are clearly accessory to the golf course, and is subject to the following provisions:

Minimum lot area: 50 acres, except that a par 3 nine-hole executive course may be 20 acres.

No building or parking lot shall be closer than 100 feet to any residential lot line. No building shall be less than 50 feet from any other lot line.

Trees shall be planted where necessary between portions of the golf course and adjacent homes to reduce the potential of golf balls hitting homes.

Parking:

One off-street parking space per four people of total capacity, including accessory uses, plus one additional space per employee.

Driving range. No less than one off-street parking space for every tee, plus one space for each employee.

C-7, hospital. An establishment, licensed by the State Department of Health, which provides health services primarily for inpatient medical or surgical care of the sick or injured, including related facilities, such as laboratories, outpatient departments, training facilities, central service facilities, and staff offices as an integral part of the establishment. A hospital is subject to the following additional provisions:

Lot and yard requirements.

Minimum lot area: 10 acres.

Minimum front yard: 100 feet.

Minimum side yards: 50 feet.

Minimum rear yard: 50 feet.

Minimum lot width at front building line: 200 feet.

A hospital shall be located along an arterial highway.

Parking. One space for every three patient beds plus one space for each doctor and employee. Parking areas must be adequately screened with a planted buffer 30 feet in width when situated within 50 feet of land zoned for or in residential use.

C-8, library or museum.

Such use shall include a library or museum open to the public or connected with a permitted educational use.

Parking. No less than one space per five seats or one space per 220 square feet of gross floor area where no seats are provided, plus one space for every employee. Parking areas shall be adequately screened when situated next to land zoned for or in residential use.

C-9, municipal facility. Such use shall include a municipal administration building, fire or ambulance station, police headquarters, library, or public works maintenance facility, provided that no less than one off-street parking space for every employee on-site during peak periods or one space for every two seats in the largest meeting room, whichever is greater.

C-10. (Reserved)

C-11, place of worship. Such use shall include a church, synagogue, mosque, temple, or other similar place regularly used for religious worship, provided:

The use shall be adjacent to a collector or arterial street as delineated in the Forks Township Comprehensive Plan of 2010, as amended.

The minimum lot area shall be two acres, except five acres for a building with seating capacity in one room of more than 800 persons.

Minimum yards. The minimum yards for the district shall apply, except that where a place of worship abuts a residential use, the minimum side yard shall be doubled.

Parking. A minimum of one off-street parking space for each four seats in the largest room, plus one additional space for each full-time employee. Parking areas shall be adequately screened when situated next to land zoned for or in residential use.

C-12, private organization/club. A private club is a nonprofit association supported by dues or fees imposed on a uniform basis upon all members and paid at least in part for membership status rather than for periodic use of the club's facilities; includes, but is not limited to, fraternal, school, athletic, or other associations, with rules, bylaws, charter, or local or national affiliation and is based on membership of persons with common interests, pursuits, or purposes and is subject to the following additional provisions:

The minimum lot area shall be increased to three acres in the HR, OR and RC Districts.

The use shall be for members and their authorized guests only.

Outdoor play areas shall be sufficiently screened and isolated so as to provide a buffer to adjacent residences from inappropriate noise, light and other disturbances.

The use shall not include a tavern, outdoor racetrack, or target range, unless the requirements for that use are also met.

Parking. No less than one off-street parking space for every three members of total design capacity of the facility or at least one off-street parking space for each 50 square feet of floor area used or intended to be used for service to customers, patrons, clients, guests, or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee.

An outdoor firearms target range shall only be allowed in the FP District.

C-13, recreational facility. Such use shall include a recreational facility, wildlife refuge, or park, owned or operated by the municipality or other governmental agency provided:

No outdoor active recreational area shall be located nearer to any lot line than 50 feet for residential lines and 25 feet from nonresidential lines.

Outdoor active play areas shall be sufficiently screened and light shall be directed so as to provide a buffer to adjacent residences from inappropriate noise, light and other disturbances.

C-14, primary or secondary school or college. This use may include a public or private institution of elementary or secondary school or a college or university that is authorized to grant degrees of higher education by the Pennsylvania Department of Education.

The minimum lot area shall be eight acres, plus one acre for each 100 students of projected maximum enrollment of the institution.

The use shall be adjacent to an arterial or collector road as delineated in the Forks Township Comprehensive Plan of 2010, as amended.

Outdoor play areas shall be screened so as to protect adjacent residential neighborhoods from inappropriate noise and other disturbances.

Parking.

Elementary school or middle school: no less than one off-street parking space for each employee plus one space per two classrooms.

High school: no less than one off-street parking space for each employee, plus one additional space per each three students over age 16, or one space for every three seats in the largest capacity gymnasium, stadium or auditorium, whichever is greater.

College and university: no less than one off-street parking space for each employee and one additional space per each two students attending classes on the site at peak times, or one space for every three seats in the largest gymnasium, stadium or auditorium, whichever is greater.

If a school, college or university will have two or more gymnasiums, stadiums or auditoriums in use by spectators or patrons at one time, then the parking requirements for all such facilities in use at one time shall be required to be added together.

Parking areas shall be adequately screened when situated next to land zoned for or in residential use.

C-15, prison. The applicant shall have the full burden of proof to show that the use will not create a safety or security hazard to nearby residents.

C-16, windmills. The following requirements shall apply when windmills are proposed beyond what is allowed as an accessory use under Use H-5:

The total maximum height of a windmill, including the turbine blades, shall be 400 feet above the surrounding ground level. If four or more windmills on a lot will have a total maximum height exceeding 200 feet, then such windmills shall be set back a minimum of 2,000 feet from any SR, SR-1, OR, CR, RC or HC District. In no case shall a windmill have a setback from a lot line that is less than its height above the surrounding ground level.

The applicant shall produce information on the visual impact, noise and light flicker effect of the proposed windmills.

Office uses.

D-1, medical office clinic. Such use shall include a building or buildings with multiple offices for one or more physician, optometrist or dentist, or similar medical professional for examination or treatment of persons as outpatients and laboratories incidental thereto, provided that no less than one off-street parking space for every 120 square feet of gross floor area shall be provided.

D-2, office, or D-3, professional services.

Such use shall be carried on wholly indoors and within the principal building.

Parking. No less than one off-street parking space for every 200 square feet of gross floor area.

D-4, office park/corporate center. An office park is a planned development of office and related uses which includes improvements for internal streets, coordinated utilities, landscaping and buffering.

Individual uses may be located in detached and attached structures and may involve condominium ownership.

Dimensional requirements:

Minimum lot area: one acre.

Minimum building spacing: 30 feet.

Minimum setbacks from internal streets: 50 feet.

Permitted uses: C-5 (day-care center), D-1 (medical office), D-2 (office), D-3 (professional services), E-11 (financial establishment), G-9 (research).

At least 70% of the total floor space of the park shall be utilized for office uses.

Accessory outside storage or display of materials, goods or refuse is not permitted within an office park.

Lighting facilities shall be protect streets and other properties from direct glare or hazardous interference of any kind and shall meet the standards for lighting contained in § 200-39.

All uses within the office park shall take access from an interior roadway. Access for the park shall be from an arterial or collector highway.

No parking and loading facilities shall be located within 30 feet from the curbline of a public street at the front of the lot. Where curb does not exist, such distance shall be measured from the street right-of-way.

Interior roadways shall have street trees meeting the requirements of Chapter 175, Subdivision and Land Development, averaging forty-foot centers.

All commonly owned elements shall be owned and maintained in accordance with the Pennsylvania Uniform Condominium Act.[3]

Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.

Parking. One off-street parking space for each 200 square feet of gross floor area devoted to office space.

Retail and consumer services uses.

E-1, adult entertainment use.[4] These standards are intended to serve the objectives provided in § 200-59B. See definitions in § 200-7.

No adult entertainment use shall be located within any of the following distances:

Within 1,000 feet of:

A place of worship.

A public or private educational facility, including but not limited to child day-care facilities, nursery schools, preschools, primary or secondary schools, and including the school grounds.

On the same lot as premises licensed to allow the sale and consumption of alcoholic beverages.

Within 500 feet of:

A boundary of a residential zoning district.

A public park or recreational area, including but not limited to a park, playground, recreation trails, swimming pool, athletic field, or other similar lands.

An entertainment business which is oriented primarily towards children and family entertainment.

Screening and buffering. Any lot which is to be used for any adult entertainment use shall contain screening and buffering along property lines adjoining other zoning districts in accordance with the provisions of § 200-38.

Sufficient additional data shall be submitted to enable the Planning Commission and the Board of Supervisors to determine that the requirements of this and other ordinances of the Township relevant to the proposed use have been fulfilled, and that the owners and operators of proposed adult entertainment facilities demonstrate a desire and ability to comply with the ordinances of the Township and to prevent their establishments from being used for any illegal activities.

No adult materials shall be visible from the exterior of the building.

No person under the age of 18 years of age shall be permitted within an adult entertainment use.

Parking. One off-street parking space for each 100 square feet of gross floor area.

Minimum building setback from all lot lines: 100 feet, unless a larger setback is required by the applicable zoning districts.

To minimize the secondary impacts of the use, the use shall not be open to the public between the hours of 1:00 a.m. and 7:00 a.m.

Editor's Note: See also Ch. 65, Adult Entertainment.

E-2, automotive sales. Automotive sales include the sale, rental and lease of two or more motor vehicles, boats, or recreational vehicles, provided:

The minimum lot size shall be three acres.

Lighting. All outside lighting shall be directed in such a way as not to create a nuisance to any adjacent property, and all lighting shall be arranged and shielded so as to protect the street or highway and adjoining property from direct glare or hazardous interference of any kind. See § 200-39.

A ten-foot wide area maintained in grass or other natural ground cover shall separate the use from the curbline. If no curb is provided, such width shall be measured from the street right-of-way. Such width may be met of one or both sides of any sidewalk.

Parking. No less than one off-street parking space for every 25 vehicles on display, plus one space for every employee.

E-3, automotive accessories. Such use shall include the sale of automotive accessories, parts, tires, batteries, and other supplies, provided:

The storage and installation of any parts shall be within an enclosed structure.

Parking. No less than one off-street parking space for every 120 square feet of gross floor area, plus one space for every employee.

E-4, automotive repair shop. Such use shall include automotive and motorcycle mechanical repair, paint spraying, body and fender work, and/or washing, provided:

All vehicle repair work shall be performed within an enclosed building.

All automotive parts and similar articles that are stored overnight shall be kept within a building or if stored outside, shielded from view from the public streets and residential lots.

A car wash shall include a water recycling facility.

All areas used for motor vehicle repair or vehicle fueling shall be set back a minimum of 75 feet from a lot in a residential district or a principal residential building. If a use primarily serves tractor-trailer trucks, this setback shall be increased to a minimum of 150 feet.

Parking. No less than six off-street parking spaces for every service bay, plus one space for every employee.

This use may be combined with Use E-20, gas station, if the requirements for each use are met.

Minimum lot area: one acre.

All refuse shall be stored within a building or suitable container.

Paint spraying shall meet state and federal health requirements.

No vehicle shall be stored outdoors while awaiting repairs for more than 60 days.

Junk vehicles shall not be stored within view of a public street or residential lot for more than 10 days.

The sale or rental of two or more automobiles, trucks, trailers, or other vehicles shall be prohibited unless Use E-2 is also approved.

Convenience shopping shall be permitted as an accessory use to the sale of petroleum products.

Convenience shopping shall be permitted for tires, batteries, and other auto parts and accessories.

E-5, bed-and-breakfast. The use and occupancy of a detached dwelling shall be permitted for accommodating transient guests for rent subject to the following additional conditions and restrictions:

No more than six guest rooms may be provided, each of which shall accommodate a maximum of three adults.

One off-street nonresident parking space shall be provided for each guest room, plus one space for each nonresident employee and two spaces for the dwelling unit. Any new off-street parking spaces shall be located either to the rear or side of the main dwelling and screened from an abutting residential lot by plant material as specified in § 200-38.

No external alterations, additions or changes to the exterior structure shall be permitted that reduce the residential appearance of an existing dwelling, except as may be necessary to meet government codes.

The use shall be carried on primarily by residents of the premises. Nonresident employees shall be permitted.

There shall be no separate kitchen or cooking facilities in any guest room. Food shall be served only to guests on the premises.

The maximum uninterrupted length of stay shall be 14 days.

The use of any amenities shall be restricted in use to guests of the establishment.

There shall be no advertising visible outside the premises other than a single, nonilluminated sign which meets the regulations set forth in Article VIII, Signs.

E-6, convenience store. Such use shall include a store intended for quick carry-out trade such as a small grocery, delicatessen, newsstand, laundry, etc., provided that no less than one off-street parking space for every 120 square feet of gross floor area, plus one space for every employee, shall be provided. Fuel sales shall only be allowed if specifically listed in the applicable district provisions.

E-7, restaurant without drive-through service.

Drive-through service is prohibited.

The sale of alcoholic beverages must be incidental to the sale and consumption of food.

Parking. No less than one off-street parking space for every two seats provided for use by patrons, plus one space for every employee.

E-8, restaurant with drive-through service.

The use shall be adjacent to a collector or arterial street.

Where a drive-through window is proposed, a stacking lane shall be provided to serve a minimum of eight cars. The stacking lane shall not be used for parking lot circulation aisles, nor shall it in any way conflict with through-circulation or parking.

A pedestrian walkway shall be provided between an existing sidewalk and the entrance to the restaurant. If there is no sidewalk, one shall be provided along the street frontage.

All such restaurants shall provide a trash storage area which shall be screened from the street and adjacent properties, in accordance with § 200-38 to prevent trash from blowing from the area, and to permit safe and easy removal of the trash.

Trash receptacles shall be provided outside the restaurant for patron use.

Parking. No less than one off-street parking space for each two seats, plus one space for every employee.

E-9, entertainment. An entertainment facility shall include a bowling alley, skating rink, billiard hall, movie theater, theater, or other similar uses, provided that parking is as follows:

Theater. No less than one off-street parking space for every four seats in the auditorium, plus one space for every employee.

Bowling alley. No less than two off-street parking spaces for every bowling lane, plus one off-street parking space for every employee.

Other uses. No less than one off-street parking space for every 120 square feet of gross floor area, plus one space for every employee.

E-10, farmers market. A market consisting of booths and stalls which is organized, owned, and operated by farmers to sell produce and farm products to the general public.

The use may be a temporary use or seasonal use limited to certain days and morning hours and may temporarily occupy a parking lot which is intended for another use. However, if such use is to be a permanent use housed within a structure, the minimum lot size shall be 20,000 square feet.

All remnants of the market shall be dismantled and removed once the market is not active.

Sales shall primarily involve farm products and services, craftsman produced goods and food services.

Parking. No less than one off-street parking space for each stall or 125 square feet of gross floor area plus one space for every employee.

E-11, financial establishment. A financial establishment shall include a bank, savings-and-loan association, credit union or other financial establishment, provided that no less than one off-street parking space for every 200 square feet of gross floor area, plus one space for every employee, shall be provided.

E-12, funeral home. Such use shall include a mortuary or funeral home, provided no less than one off-street parking space for each 100 square feet of floor area used or intended to be used for serving visitors, or one off-street parking space per employee plus seven additional spaces, whichever requires the greater number of parking spaces, shall be provided.

E-13, large retail store. This use shall include a large retail store with greater than 10,000 square feet of floor area. The minimum parking shall be one off-street parking space for every 220 square feet of gross floor area. If a retail store involves more than 50,000 square feet of building floor area, then a one-hundred-foot minimum building setback shall be required from any residential zoning district.

E-14, mini warehouse. Warehouse/storage units provided for lease to the general public for the purpose of storage of articles commonly associated with residential properties.

Dimensional requirements.

Minimum lot area: two acres.

Maximum building coverage: 50%.

Maximum impervious surface ratio: 70%.

Minimum setbacks from street line: 75 feet.

Minimum setbacks from other lot lines: 50 feet.

Minimum lot width: 150 feet.

Maximum height of buildings: 35 feet.

Minimum aisle width between buildings: 26 feet.

Maximum size of any individual storage unit: 1,000 square feet.

The storage facilities complex shall be surrounded by a fence at least eight feet in height of a type approved by the Township. The outside perimeter of the fence shall be surrounded by plantings which shall provide a visual screen, with evergreens a minimum of six feet in height planted every six feet.

Outdoor storage of automobiles, boats, and recreation vehicles is permitted if they are within the fenced area, and the parked vehicles shall not interfere with traffic movement through the complex and they are not visible from the street.

An office and residence is permitted as an accessory use to provide for a full-time caretaker.

The following provisions shall be established on all leases:

Storage limited to items routinely stored in a household garage or basement.

No retail business activities shall be allowed other than leasing of storage units. Rental of trucks shall be permitted with a limit of four twenty-foot-to-twenty-five-foot-size vehicles per use.

No explosive, toxic, radioactive or highly flammable materials shall be stored.

Parking. A minimum of four spaces plus one space for every 50 storage units.

E-15, motel, hotel and inn. Such use shall include a building or group of buildings containing rooms for rent for the accommodation of transient guests, chiefly motorists, plus a restaurant use, E-7, provided:

Within the RC and HC Districts, the maximum of such rented rooms shall be 15.

The use must be adjacent to a collector or arterial street.

Units in such facilities shall contain a bedroom and a separate bathroom equipped with a flush water closet, a sink, and a bathtub or shower.

Parking. No less than one off-street parking space for each guest room shall be provided in addition to any parking required for any restaurant use, E-7, plus one space for every employee.

E-16, neighborhood shopping facility. A neighborhood shopping facility provides for the sale of convenience goods (food, drugs, and sundries) and personal services, those which meet the daily needs of an immediate neighborhood trade.

The minimum site area for such centers shall be at least three acres.

A minimum of 10,000 square feet and a maximum of 100,000 square feet of gross leasable area (GLA) is permitted.

Building setback of 100 feet from adjacent residential districts. All buildings shall be set back a minimum of 100 feet from all residential neighborhoods.

All landscaping including parking lot and buffer landscaping, shall be in accordance with § 200-38.

Lighting shall be provided in accordance with § 200-39.

Loading shall be provided in accordance with § 200-37.

Trash receptacles shall be enclosed with a solid fence and landscaped so as to not create an intrusion upon adjacent properties.

Shopping cart storage shall be in accordance with § 200-36.

Mechanical equipment shall be properly screened by architectural features to blend in with the architecture or the building.

An equivalent of 10% of the gross leasable area shall remain as open areas with landscape amenities.

All structures in a neighborhood shopping center shall be physically grouped as part of one complex by means of pedestrianways on which pedestrians can move from one building to another. No freestanding buildings of less than 3,000 square feet shall be permitted without such connection as part of a neighborhood shopping center.

Parking shall be provided at 5.5 spaces per 1,000 square feet of GLA. Parking shall be located in connected but separate lots and shall not be just one lot in front of the building(s).

(17)

E-17, recreational campsites. Recreational campsites are privately owned and operated campsites that provide temporary outdoor accommodations for tents and recreational vehicles, provided:

The minimum lot area shall be two acres and the maximum number of campsites shall be 100 campsites.

All such sites shall have a screened fifty-foot buffer from the adjoining property in accordance with § 200-38.

Such use shall provide a minimum site area of 1,200 square feet per each campsite for tent or recreational vehicle.

Such use shall provide public water and sewer facilities in accordance with all applicable regulations by the Forks Township sewage system, where such facilities are feasible.

Parking. There shall be one parking space for each campsite plus one parking space for each employee.

(18)

E-18, repair shop. A repair shop shall include any business for the repair of appliances, lawn mowers, watches, guns, bicycles, locks, and small business machines (but not including automobile, vehicle and motorcycle repairs), provided that no less than one off-street parking space for every 120 square feet of gross floor area, plus one space for every employee shall be provided.

Restaurant: See E-7.

(19)

E-19, retail shop. A retail shop shall include a store selling apparel, baked goods, books, confections, drugs, dry goods, flowers, foodstuffs, furniture, gifts, liquor, hardware, household appliances, jewelry, milk, notions, periodicals, shoes, stationery, tobacco, toys, paint, records, cards, novelties, hobby and art supplies, music, luggage, sporting goods, pets, floor covering, garden supplies, plants, fabrics, and beer and soft drinks, provided:

Over-the-counter sale of alcoholic beverages in taverns and bars is not included.

Stores with a gross floor area in excess of 10,000 square feet are not included under this Use E-19. See Use E-13.

Parking. No less than one off-street parking space for every 120 square feet of gross floor area, plus one space for every employee.

(20)

E-20, gas station. A gas station shall include a building or group of buildings for the sale of petroleum products, tires, and motor vehicle service, provided:

Minimum lot width of not less than 200 feet shall be provided along at least one street.

Driveway access to a street shall be at least 80 feet from the intersection of any streets.

Any activity, such as use of machinery when changing tires, that generates noise off of the property line shall be conducted inside of a building to minimize the noise.

Fuel pumps shall be at least 25 feet from any ultimate street right-of-way.

All automotive parts and similar articles that are stored overnight shall be kept within a building or, if stored outside, shielded from view from the public streets and residential lots.

No vehicle shall be stored outdoors while awaiting repairs for more than 60 days.

Junk vehicles shall not be stored within view of a public street or residential lot for more than 10 days, unless they are actively under repair as part of Use E-4.

Paint spraying or body and fender work shall only be permitted if the lot is also approved for Use E-4.

All refuse shall be stored within a building or suitable container.

The sale or rental of two or more automobiles, trucks, trailers, or other vehicles shall be prohibited unless Use E-2 is also approved.

Convenience shopping shall be permitted as an accessory use to the sale of petroleum products.

Parking. No less than one off-street parking space for every 1/6 service bay, plus one space for every employee. For gas stations with retail sales as accessory uses, the parking requirements of Use E-6, convenience stores, shall also apply.

A car wash shall include a water recycling facility.

All areas used for motor vehicle repair and vehicle fueling shall be set back a minimum of 75 feet from a lot in a residential district or a principal residential building. If a use primarily serves tractor-trailer trucks, this setback shall be increased to a minimum of 150 feet.

(21)

E-21, service business. A service business shall include such uses as a barber, beautician, laundry and dry cleaning (whether or not coin operated), shoe repair, tailor, photographer, newspaper, photocopying, and travel agency, provided:

Parking. No less than one off-street parking space for every 120 square feet of gross floor area, plus one space for every employee.

(22)

E-22, specialty-cultural shopping facility. Such use shall include stores dealing in handicraft art, flowers, household goods, boutiques, antiques, etc., provided:

The facility shall contain no more than 10 acres of land.

Only Uses E-7, E-10, E-11, E-19, and E-24 shall be permitted, provided they are in keeping with the spirit of this section.

The maximum size of each establishment shall be 4,000 square feet.

The facility shall be planned and designed as a single complex centering around a pedestrian street or common area.

Parking. No less than one off-street parking space for every 120 square feet of gross floor area, plus one space for every employee.

(23)

E-23, shopping center. Such use shall include a building or a group of buildings, designed as a planned complex of related structures and circulation patterns, subject to the following additional criteria:

A major landscaped pedestrian and bicycle path system shall provide access to the adjacent community.

Parking lot landscaping shall be provided in accordance with § 200-36.

Lighting shall be provided in accordance with § 200-39, Lighting.

Such use shall be set back a minimum of 100 feet from any adjacent residential use or district.

Parking. Parking requirements are:

For shopping centers of 100,000 square feet or less of gross floor area: 5.5 spaces for every 1,000 square feet of leasable floor area.

For shopping centers of more than 100,000 square feet of gross floor area: 4.7 parking spaces for every 1,000 square feet of leasable floor area.

(24)

E-24, tavern. This use means an establishment which sells alcoholic beverages for on-premises consumption and off-premises consumption, and which is licensed by the State of Pennsylvania for such purpose, and which involves alcoholic beverage sales making up a majority of the business' total sales. This use shall meet the following additional requirements:

Minimum building setback from residential districts: 100 feet. Minimum parking lot setback from residential districts: 50 feet, unless a more restrictive provision is established by another section of this chapter.

Parking. No less than one off-street parking space for every two seats intended for use by patrons, plus one space for every employee.

(25)

E-25, veterinary office or clinic. Such use shall include the office of veterinarian with accessory overnight keeping of animals. In no event shall animal kennels be allowed as a primary use, unless the requirements for a kennel are also met.

Parking. No less than one off-street parking space for every 120 square feet of gross floor area, plus one space for every employee.

(26)

E-26, treatment center.

This use shall include a facility involving overnight housing of any of the following:

Persons undergoing criminal rehabilitation (such as a criminal halfway house), and which is not a prison; or

Persons undergoing treatment for a current addiction to a controlled substance that was used in an illegal manner or alcohol; or

Persons with a type of mental illness or other behavior that causes the person to be known to be a threat to the physical safety of others.

The applicant shall provide a written description of types of conditions that will cause persons to be housed and/or treated within the facility. Any future additions to this list shall require an additional Township zoning approval.

The applicant shall prove to the satisfaction of the Board of Supervisors that the use will involve adequate on-site supervision and security measures to protect public safety. The Board of Supervisors may place reasonable conditions upon the use to protect public safety, such as conditions on the types of residents, types of persons who receive counseling or treatment on site or who are not residents, and security measures.

See also § 200-79E.

(27)

E-27, grocery store. This use shall primarily involve the retail sale of groceries and household items, and shall have a maximum building floor area of 100,000 square feet. The use may also include accessory or closely related commercial uses within the same building, such as a bakery, pharmacy, financial institution or restaurant. The use shall not include drive-through service. This use may be placed on the same lot or tract as Use E-20, gas station, provided the requirements for each use are met.

This use must be adjacent to an arterial and collector street, or to two arterial streets.

The minimum lot size is five acres.

The minimum parking shall be one off-street parking space for every 220 square feet of gross floor area.

If a loading dock, compactor, or any related service facilities abut a street, then a berm and planting buffer meeting § 200-38 are required. Such berm shall have a minimum height of four feet and a maximum 3:1 slope on the street side. The interior side of the berm may utilize a retaining wall or a maximum 2:1 slope, provided that it is stable and maintainable.

The lot shall include landscaped islands, curbing or similar barriers to channel traffic to follow intended routes and aisles, and shall include provisions to promote safe pedestrian crossings from the parking areas into the store entrances.

(28)

E-28, academic clinical research centers.

[Added 4-20-2017 by Ord. No. 349]

Parking requirements will follow the parking regulations found in § 200-36 of the Township of Forks Zoning Ordinance. Off-street parking regulations shall utilize those listed for colleges, universities, technical or fine arts schools, and postsecondary schools as appropriate.

An academic clinical research center may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the DOH. The portions of the academic clinical research center where the medical marijuana is grown or processed shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

All external lighting serving an academic clinical research center must be shielded in such a manner not to allow light to be emitted skyward or onto adjoining properties.

A buffer planting is required where an academic clinical research center adjoins a residential use or district, pursuant to § 200-38B of the Zoning Ordinance.

Any and all other provisions contained in the Act[5] affecting the construction, use and operation of an Academic Clinical Research Center.

Editor's Note: See 35 P.S. § 10231.101 et seq.

The academic clinical research center shall require a site plan review and approval if it is utilizing an existing facility and land development review and approval if a new facility is being built and utilized.

(29)

E-29, dispensary facility.

[Added 4-20-2017 by Ord. No. 349]

A dispensary facility must be owned or leased and operated by a legally registered dispensary in the commonwealth and possess a current and valid medical marijuana permit from the DOH pursuant to the Act.[6]

Editor's Note: See 35 P.S. § 10231.101 et seq.

A dispensary facility may only dispense medical marijuana in an indoor, enclosed, permanent, and secure building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

Dispensary facility may not operate on the same site that a grower/processor facility is located.

Dispensary facility shall have a single, secure public entrance and shall implement appropriate security measures to deter and prevent the theft of medical marijuana and unauthorized entrance into areas containing medical marijuana, all of which shall be in accordance with the Act.[7]

Editor's Note: See 35 P.S. § 10231.101 et seq.

Permitted hours of operation of a dispensary facility shall be 8:00 a.m. to 8:00 p.m. (of the same calendar day).

A dispensary facility shall be a maximum of 5,000 gross square feet, of which no more than 500 square feet shall be used for secure storage of medical marijuana, and shall have an interior customer waiting area equal to a minimum of 25% of the gross floor area of the dispensary facility.

Dispensary facility shall:

Not have a drive-through service;

Not have outdoor seating areas;

Not have outdoor vending machines;

Prohibit the administering of, or the consumption of, medical marijuana on the premises; and

Not offer direct or home delivery service.

A dispensary facility may dispense only medical marijuana to certified patients and caregivers as set forth in the Act[8] and shall comply with all lawful, applicable health regulations, including those of DOH.

Editor's Note: See 35 P.S. § 10231.101 et seq.

A dispensary facility may not be located within 1,000 feet of a property line of a public, private or parochial school or a day-care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of municipality in which it is located.

Dispensary facility shall be a minimum distance of 1,000 feet from the next nearest medical marijuana facility. This does not include complementing or supporting businesses covered by different definitions. This distance shall be measured in a straight line from the closest exterior walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted, regardless of municipality in which it is located. This separation distance does not apply to the distance between the grower/processor facility or academic clinical research centers and the specific dispensary facility they serve, or with which they partner.

Any medical marijuana facility lawfully operating pursuant to the Act[9] shall not be rendered in violation of these provisions by the subsequent location of a public, private or parochial school or day-care center.

Editor's Note: See 35 P.S. § 10231.101 et seq.

All external lighting serving a dispensary facility must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

Parking requirements will follow the parking schedule found in § 200-36 of the Township of Forks Zoning Ordinance. Off-street parking regulations shall utilize those listed for medical and dental offices including outpatient clinics.

A buffer planting is required where a dispensary facility adjoins a residential use or district pursuant to § 200-38B of the Township of Forks Zoning Ordinance.

(o)

Entrances and driveways to a dispensary facility must be designed to accommodate the anticipated vehicles used to service the facility.

(p)

The dispensary facility shall require a site plan review and approval if it is utilizing an existing facility and a land development review and approval if a new facility is being built and utilized pursuant to the Township of Forks ordinances.

(q)

Any and all other provisions contained in the Act[10] affecting the construction, use and operation of a dispensary facility.

Editor's Note: See 35 P.S. § 10231.101 et seq.

(30)

E-30, medical marijunana delivery vehicle office.

[Added 4-20-2017 by Ord. No. 349]

A traffic impact study is required where the office is to be located and operated.

Parking requirements will follow the parking schedule found in § 200-36 of the Township of Forks Zoning Ordinance.

All external lighting serving a medical marijuana delivery vehicle office must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

A buffer planting is required where a medical marijuana delivery vehicle office adjoins a residential use or district pursuant to § 200-38B of the Township of Forks Zoning Ordinance.

Entrances and driveways to a medical marijuana delivery vehicle office must be designed to accommodate the anticipated vehicles used to enter and exit the premises.

The medical marijuana delivery vehicle office shall require a site plan review and approval if it is utilizing an existing facility and land development review and approval if a new facility is being built and utilized pursuant to the Township of Forks ordinances.

If for some reason a medical marijuana product is to be temporarily stored at a medical marijuana delivery vehicle office, the office must be secured to the same level as a grower/processor facility and dispensary facility.

Any and all other provisions contained in the Act[11] affecting the construction, use and operation of a medical marijuana delivery vehicle office.

Editor's Note: See 35 P.S. § 10231.101 et seq.

Utilities and public service organizations.

F-1, utility operating facility. Such use shall include a transformer station, pumping station, relay station, power generator, tower (transmission or relay), substation, sewage treatment plant, and any similar or related installation, not including a public incinerator and solid waste landfill, provided:

Such installation is essential to serve the Township of Forks.

No public business office or any storage yard or storage building is operated in connection with the use.

For a sewage pumping station, electric substation or sewage treatment plant, a fifty-foot buffer yard shall be provided along all property lines in accordance with the buffer requirements in § 200-38, Buffer yards and landscaping, herein.

For a new sewage treatment plant, there shall be an impact statement which shall evaluate the impact of the proposed land use on the district and on surrounding land uses. Such statement shall include assessments of the impacts on the following:

Air quality.

Water quality.

Community appearance.

Vegetation.

Land use.

Traffic and road safety.

Historical features.

Parking. No less than one off-street parking space or one space per employee, whichever requires the greater number of spaces.

F-2, emergency services. Emergency services shall include fire, ambulance, rescue, and other emergency services of a municipal or volunteer nature.

For facilities without a community room, there shall be a minimum lot size of 1.5 acres.

For facilities with a community room, there shall be a minimum lot size of three acres.

Parking. No less than one off-street parking space for every employee on the two major shifts at maximum employment, or four off-street parking spaces for each fire truck where no community room is part of the building, whichever requires the greater number of parking spaces. Where a community room is provided, two off-street parking spaces for each fire truck plus one off-street parking space for each 100 square feet of gross floor area. All off-street parking requirements shall be determined by the number of trucks, if there is no community room on the premises, or the requirements for community rooms, if it applies.

F-3, passenger terminal. A passenger terminal shall include a railway station, or bus station for intercity service. Off-street parking shall be adequate as determined by the Zoning Officer.

F-4, essential services. Essential services shall include municipal recycling, the erection, alteration or maintenance by public utilities or by municipal or other governmental agencies of buildings, structures, ponds, spillways, drainage swales, service buildings, underground, surface or overhead gas, electrical, steam or water transmission systems, including poles, wire, mains, drains, sewers, pipes, conduits, cables, traffic signals, telephone lines, fire hydrants, railroad lines and other similar equipment and accessories reasonably necessary for the furnishing of adequate service by such public utility or governmental agency or facilities for the public health, safety and welfare. See Use Category C for specific parking and other regulations.

F-5, commercial communications antennas, equipment or towers. Buildings and/or structures for the delivery of low power wireless radio telecommunications through a network, provided:

An applicant to construct a new commercial communications tower shall present documentary evidence regarding the need to locate cellular antennas within the Township of Forks. This information shall identify the cellular network layout and coverage areas to demonstrate the need for such equipment within the Township of Forks.

An applicant proposing to erect a new commercial communications tower shall provide documentary evidence that a legitimate attempt has been made to locate the antennas on existing buildings or structures. Such evidence shall include a radio frequency engineering analysis of the potential suitability of existing buildings or structures in the search area for such antennas. Efforts to secure such locations proving to have an acceptable correspondence between the commercial communications provider and the property owners(s) of the existing buildings or structures. The Township reserves the right to engage a professional radio frequency engineer to review such documentation. The fee for the professional radio frequency engineer retained by the Township shall be paid out of the applicant's escrow funds.

Applicants proposing to construct new commercial communications towers shall document the locations of all existing telecommunications towers within the Township of Forks and surrounding municipalities with coverage in the Township as well as the closest such facilities in all directions and shall provide competent testimony by a radio frequency engineer regarding the suitability of potential co-locations in light of the design of the commercial communications network. Where a suitable co-location on an existing tower is found to exist, but an applicant is unable to secure an agreement to co-locate its equipment on such tower, the applicant shall provide written evidence of correspondence with the owner of such tower verifying that suitable space is not available on the existing tower and giving the reasons therefor.

When an applicant to construct a new commercial communications tower demonstrates to the satisfaction of the governing body that suitable locations on existing buildings or structures either do not exist or are not available, the applicant may erect a new telecommunications tower according to the following requirements:

Minimum setback of tower and equipment from any property line and existing structures on the site: 1.25 times height of tower.

Maximum tower height: 200 feet.

Antenna modifications, tower certification and abandonment.

Operators of commercial communications tower shall provide to the Township of Forks an annual report from a licensed professional engineer certifying the structural integrity of the tower together with all antennas mounted thereon, and that such facilities meet applicable minimum safety requirements and applicable federal and state radio frequency emission standards.

The property owner shall remove commercial communications towers that have not been in use for commercial communications purposes for 12 months consecutively. This removal shall occur within 90 days of the end of such twelve-month period. Upon removal, the site shall be clean, restored, and revegetated to blend with the existing surrounding vegetation. The facility owner or property owner may be required by the Township to post a bond in a form acceptable to the Township at time of site plan approval to cover the cost of tower removal and site restoration. The amount of the bond or cash deposit shall include anticipated cost escalations. Any and all additional or unanticipated costs of the tower removal, including the full cost in the event the bond has expired, shall be the responsibility of the property owner. The property owner's signature consenting to the application shall indicate acceptance of such responsibility under this subsection.

Co-location required. Authorization for the construction of any new commercial communications tower shall be conditioned on agreement by the tower owner that other commercial communications service providers will be permitted to co-locate antennas on the proposed tower and to co-locate equipment buildings within the limits of structural and radio frequency engineering requirements and at rates which reflect the fair market value for such services. As part of any application for new tower approval, the applicant shall document the extent to which additional antennas which could be accommodated as well as the ability to accommodate the equipment building(s) for such antennas within the equipment compound.

Access. The equipment compound shall have access to a public street by means of a driveway constructed in accordance with the Township's Driveway Ordinance.

Lighting. Security lighting shall be shielded downward and inward toward the equipment compound to prevent direct light or glare for encroaching onto neighboring properties and streets. Said lighting must be activated by motion sensors and/or remote control to preclude continuous lighting of the premises.

Soundproofing. All equipment, including emergency generators, shall be located within a soundproofed structure, such that there will be no impact on existing sound levels measured at the property lines.

Visual compatibility requirements for the installation of commercial communications antennas.

Commercial communications antennas may be erected in existing buildings or structures, and an equipment compound may be constructed in support of such antennas, consistent with the following requirements:

Antenna arrays shall, wherever possible, be mounted on existing buildings or structure but shall not extend beyond the overall height of any such building or structure by more than 20 feet.

An equipment compound consisting of up to 750 square feet in area may be erected in support of such antenna arrays, provided:

A chain-link fence at least six feet high shall surround the equipment compound.

The equipment compound shall be situated behind existing structures, buildings or terrain features which will shield the compound from public view.

A landscaped buffer of 20 feet in width shall be provided around the outside of the compound to shield the building and fencing from view from public streets and dwellings. Landscaping shall include evergreen trees at least six feet high at the time of planting and planted in staggered double rows 10 feet on center, or equivalent.

Antennas installed according to these provisions shall be suitably finished and/or painted so as to minimize their visual impact on the landscape.

Federal Communications Commission (FCC).

Documentation that the communications company is licensed by the FCC shall be provided.

Documentation of FCC approval for the proposed commercial communication tower or antenna shall be provided.

Documentation demonstrating that the proposed commercial communications tower or antenna complies with all acceptable standards established by the FCC governing human exposure to electromagnetic or radio frequency radiation shall be provided within 90 days of the facility becoming operational. Such documentation shall then be provided to the Township on an annual basis from the date the facility becomes operational. The Township may secure the services of a qualified independent radio frequency engineer to review the documentation and conduct tests as necessary to verify said documentation. The engineer shall state in a written report that the radio frequency radiation measurements are accurate and either conform or not conform to any and all FCC standards. Should the facility not meet FCC standards, the Township shall make a formal complaint, in writing, to the FCC. The applicant shall be copied in on any complaint filed with the FCC by the Township.

Airport coordination. The applicant for a proposed commercial tower or antenna, located within a five-mile radius of an existing airport, shall notify the airport of its intent to place such structure(s). Any comments received from the airport shall be considered by the Township in the processing of the application for the proposed commercial communications tower or antenna.

Industrial uses.

G-1, building materials sales equipment storage. Such may include the outside storage of building materials and equipment, provided:

Such use shall have a permanent screen of stockade fencing and landscaping in accordance with § 200-38.

Parking. No less than 10 off-street parking spaces for every nine employees, or one space for every 470 square feet of gross floor area, whichever requires the greater number of parking spaces, plus one space for every company vehicle that is stored on the premises.

G-2, contracting. Contracting shall include offices and supply shops such as building supplies, cement, electric, heating, plumbing, masonry, painting, landscaping and roofing, provided that no less than 10 off-street parking spaces for every nine employees, or one space for every 470 square feet of gross floor area, whichever requires the greater number of spaces, plus one space for each company vehicle normally stored on the premises shall be provided.

G-3, food processing.

Food processing shall include the manufacturing of frozen foods, pasta, baking, etc., but shall not include slaughterhouses or the rendering of fat or processing of fish or animal by-products.

Parking. No less than one off-street parking space for every employee, plus one space for each company vehicle normally stored on the premises.

G-4, fuel storage and distribution. Such use shall include fuel storage and distribution tanks and related buildings, provided:

Minimum lot area shall be two acres.

No retail sales will be permitted on the premises.

Such use shall be required to submit an impact statement outlining the impact of the facility on the surrounding land uses and the district. The impact statement shall discuss the following effects:

Air quality.

Water quality.

Safety.

Traffic and road safety.

Such use shall be separated by 1,000 feet from a residential district.

Parking. No less than one off-street parking space for every employee, plus one space for each company vehicle normally stored on the premises.

G-5. (Reserved)

G-6, lumberyard. Such use shall include a lumberyard and may include millworking as an accessory use, provided:

Such use, if located in a planned industrial district, shall have a permanent screen of stockade fencing and buffering.

Parking. No less than 10 off-street parking spaces for every nine employees, or one space for every 470 square feet of gross floor area, whichever requires the greater number of spaces, plus one space for each company vehicle normally stored on the premises.

G-7, manufacturing. Manufacturing uses shall include but not be limited to the production, processing, cleaning, and testing of materials, goods, foodstuffs, and products, provided that no less than 10 off-street parking spaces for every nine employees, or one space for every 470 square feet of gross floor area, whichever requires the greater number of spaces, plus one space for each company vehicle normally stored on the premises.

The environmental, hazard and nuisance regulations of § 200-33 shall apply, including but not limited to, noise regulations.

G-8, planing mill. A planing mill shall include facilities where wood products are processed to finished items such as molding, trim, etc., provided that no less than 10 off-street parking spaces for every nine employees, or one space for every 470 square feet of gross floor area, whichever requires the greater number of spaces, plus one space for each company vehicle normally stored on the premises.

G-9, planned industrial development (PID). An area developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate multiple industrial uses and any other uses incidental to the predominate use as permitted herein. Such use shall include a building or group of buildings, designed as a planned complex with a common circulation, stormwater, utility plan and employee amenities, under one or common ownership, either as a leasehold or condominium association, and which shall be subject to the following additional criteria:

Such complexes shall have a minimum contiguous area of 10 acres.

All uses permitted by right, by special exception and by condition in the applicable district shall be allowed.

All parking shall be located within 300 feet of the designated user.

A landscaped pedestrian path system shall be provided within the complex and shall be designed to be utilized by the occupancy of the complex. In addition, a means of linking the pedestrian system of the complex with the adjacent land uses shall be provided as deemed required and/or appropriate by the Board of Supervisors and on-site vehicular and pedestrian circulation shall be physically separated.

Parking lot landscaping shall be provided in accordance with § 200-36.

Lighting shall be provided in accordance with § 200-39.

Any portion of a building directly visible from any existing public street and adjacent residential district shall be adequately buffered by the use of vegetation and/or appropriate architectural treatments.

All mechanical equipment, whether ground- or roof-mounted, shall be screened in a manner visually compatible with the building's design and materials. At a minimum, hoods, vents, hatches, and other roof-mounted equipment shall blend with the color of that portion of the building in which said roof-mounted equipment is primarily visible.

All solid waste and refuse containers shall be concealed from view from all adjoining properties and from any public or private street.

Adequate provision shall be made for a water system which shall be of sufficient size, capacity and design to supply potable water and fire protection to each of the buildings within the development.

No parking is permitted within the first 30 feet from the front curbline.

All uses and tenants shall be required to apply for, and receive, a certificate of occupancy from the Township.

G-10, printing. Such use shall include printing, publishing, and binding, provided that no less than 10 off-street parking spaces for every nine employees, or one space for every 470 square feet of gross floor area, whichever requires the greater number of spaces, plus one space for each company vehicle normally stored on the premises.

G-11, quarry. Such use shall include extractive operations for sand, clay, shale, gravel, topsoil, stone, and similar operations including borrow pits (excavations for removing material for filling operations) subject to the following provisions:

There shall be a berm of average height of 15 feet and a maximum height of 30 feet. The slope of the sides of the berm shall not exceed a 2:1 ratio and shall be planted in low-maintenance vegetation. Erosion control measures shall be reviewed by and found acceptable to the County Conservation District. Berms shall begin at a point no closer to a street than the ultimate right-of-way line. No berm shall be constructed closer than 30 feet to a district in which extraction is not permitted. The Township may require additional planting pursuant to the standards of § 200-38.

A chain-link type fence at least six feet in height which may be surmounted by barbed wire, shall be required within the setback area at a point no closer than the ultimate right-of-way line to be maintained in a constant state of good repair. Appropriate warning signs shall be mounted or posted along the fence at intervals of not more than 100 feet.

An adequate internal circulation pattern of streets shall be maintained between the excavation sites and processing areas. Use of public streets shall not be permitted for hauling between extractive and processing areas except where required in connection with such pattern or for access of vehicular traffic originating from or destined to points beyond the limits of such excavation sites and processing areas.

No undercutting shall be permitted within the setback area except for tunnels to provide transportation of materials between extractive and processing areas.

All operations shall be conducted with sufficient lateral support to be safe with respect to hazard to persons, physical damage to adjacent lands or improvements, or damage to any street, sidewalk, parking area, or utility by reason of slide, sinking, or collapse.

Stockpiles shall not exceed 100 feet in height and shall not be located closer than 200 feet to any district boundary line nor closer than 300 feet to the center line of any street except where a railroad is the district boundary line or where the contiguous district is a district in which extraction is permitted. All reasonable precautions shall be taken to prevent any materials or wastes deposited upon any stockpile from being washed, blown, or otherwise transferred off the site by normal causes or forces.

All drainage from the site of extractive operations shall be controlled by dikes, barriers, or drainage structures sufficient to prevent any silt, debris, or other loose materials from filling any existing drainagecourse or encroaching on streets and adjacent properties.

Parking. Off-street parking spaces shall be provided as the Zoning Officer shall determine as adequate to serve customers, employees, visitors, and vehicles normally parked on the premises.

G-12, scrapyard or refuse facility. Such use shall include an area of land that is used for the outdoor storage and processing of used or discarded materials, including but not limited to metal, building materials, machinery, three or more wrecked or junk motor vehicles, and parts thereof.

The proposed use of an area shall not be detrimental to adjacent land uses.

There shall be a minimum lot area of two acres.

The land area used for such purposes shall not be exposed to public view from any dwelling or public street.

Such uses shall be entirely enclosed by a solid chain-link fence or masonry wall, at least six feet high with access only through secure gates. Such fence or wall shall be kept in good repair and neatly painted in a uniform color.

A dense evergreen buffer shall be provided on the outside perimeter of the fenced area. Evergreens shall be four to five feet in height and planted on ten-foot staggered centers.

The contents of such use shall not be placed or deposited to a height greater than 12 feet.

There shall be no compacting of automobiles, no storage of auto chassis from which usable parts have been removed and no storage of automobile tires.

The storage of paper shall be within a building.

The storage of toxic chemicals or nuclear wastes shall be prohibited.

Burning of any materials shall specifically be prohibited.

All such uses shall be sealed from groundwater contamination and shall provide groundwater monitoring wells in accordance with the requirements of the Township.

G-13, research. Such uses shall include a research or testing facility, and an experimental laboratory, provided that no less than 10 off-street parking spaces for every nine employees, or one space for every 470 square feet of gross floor area, whichever requires the greater number of spaces, plus one space for each company vehicle normally stored on the premises. All parking shall be screened in accordance with § 200-38.

G-14, stripping of soil. The permanent removal of any topsoil for sale or for use other than within the Township from which the soil was taken, except in land areas to be covered by buildings or paving, subject to the following provisions:

Requirement of permission. No person shall excavate or otherwise remove any topsoil without first having procured permission therefor from the Zoning Officer and having met erosion controls of the County Conservation District.

Conduct of operation.

If permission to remove the soil is granted, the owner or persons in charge shall so conduct the operations that there shall be no sharp declivities, pits, or depressions and in such a manner that the area shall be properly leveled off, cleared of debris, and graded to conform with the contour lines and grades as approved by the governing body.

The soil removal operation shall not be permitted within 100 feet of a property line.

The owner of the premises or the person in charge of the removal of soil, when permission has been duly granted, shall not remove from the premises the top layer of arable soil to the depth of six inches, but such top layer or arable soil to a depth of six inches shall be set aside for retention on the premises and shall be respread over the premises when the rest of the soil has been removed, pursuant to levels and contour lines approved by the governing body. This does not apply to Use G-10, quarry.

All areas where soil has been stored, or removed and respread shall be reseeded and maintained to insure an appropriate ground cover by the next growing season.

G-15, trades. Such use shall include a plumbing shop, carpentry shop, electrical shop, cabinetmaking, furniture-making, and landscaping, provided:

All related parts, similar articles, and refuse shall be stored within a building and/or shielded from view from the public street.

Parking. No less than three off-street parking spaces for each four employees on the largest shift, or one off-street parking space for every 500 square feet of gross floor area, whichever requires the greater number of spaces, plus one space for each company vehicle normally stored on the premises. All parking shall be screened in accordance with § 200-38.

G-16, truck terminal. A use of land and structures for the purpose of handling freight from one truck to another, including some short-term warehousing. Such use shall be permitted, provided:

The principal building for the use shall be located no closer than 1,000 feet to a property boundary of a residential use.

Trucks with compressors running 24 hours a day shall be located within a quadrangle of buildings or wall.

(17)

G-17, wholesale/warehouse.

[Amended 7-15-2021 by Ord. No. 375]

Each and every building containing this use shall have amenities for the truck drivers/operators of the vehicles using the facility in addition to any similar amenities provided to on-site warehouse/distribution employees.

The amenities shall include, at a minimum, a suitable lounge for drivers/operators, with restroom facilities, including at least three sinks, stalls, etc., per restroom, and dispensing machines or other facilities to provide food and beverages.

At least one amenity shall be provided for every thirty-truck loading/unloading docks/doorways of the use.

The size of each such amenity shall be proportionate to the number of loading/unloading docks/doorways of the use. Each amenity shall contain not less than one seat per 10 docks/doorways, with a minimum area to accommodate six seats and one four-person table.

Parking for the amenity shall be provided in close proximity to the amenity and in a suitable, safe, and separately defined location. There shall be provided at least one twelve-foot-by-eighty-foot truck parking space per each required lounge seat of the amenity.

Trucks parked in amenity parking spaces shall not leave engines idling unless required for safety or weather-related reasons. Electrical outlets shall be included in parking areas for trucks to utilize.

All trucks awaiting access to a loading/unloading dock/doorway shall park in the designated amenity parking spaces unless all such spaces are already occupied.

Where guard shacks or checkpoints are proposed at the entrance(s) to such facilities, adequate queuing space shall be provided within the property boundaries to prevent stacking of tractor-trailers on or along public streets.

This use shall reserve a minimum of 5% of the proposed total tractor-trailer parking spaces for trucks which are required to arrive early or required to layover or rest due to hours of service regulations. Such spaces must be made available to tractor-trailers 24 hours a day/seven days a week.

The facility's parking and driveway layout shall be designed to reduce mixing of truck traffic and car traffic, particularly in areas where cars would have to maneuver around or through truck loading/unloading areas.

Driveways and drive aisles shall be designed with adequate turning radii to allow tractor-trailers to complete turning maneuvers within their designated lanes.

Truck drivers shall be instructed regarding acceptable routes between the facility and the nearest expressway with respect to the class of vehicle accessing the facility.

No storage of garbage (other than is routinely produced on site and awaiting regular collection) shall be permitted.

All tractor-trailer truck parking, outdoor storage and/or loading/unloading areas that are visible from beyond the exterior lot lines of the use shall be screened by a fifty-foot buffer yard meeting the following requirements:

Include a dense landscape buffer consisting of the following:

One large evergreen tree per 25 linear feet of buffer.

Size of large evergreen trees shall be a minimum of eight feet in height at the time of planting.

[ii]

Narrow/upright evergreen species may also be used within buffers at a ratio of 3:1 (narrow species: large evergreen). No more than 25% of total required large evergreen species can be substituted with narrow/upright species.

One canopy (shade) tree per 75 linear feet of buffer.

Size of canopy (shade) trees shall be a minimum of 2 1/2 inch caliper at the time of planting.

One ornamental/flowering tree per 50 linear feet of buffer.

Size of ornamental/flowering trees shall be a minimum of eight feet in height for multistemmed varieties, or 2 1/2 inch caliper at the time of planting for single-stemmed varieties.

Five shrubs per 25 linear feet of buffer.

Size of shrubs shall be fully branched and minimum of three feet in height at the time of planting.

[ii]

Shrubs shall be a combination of evergreen and deciduous species, with a minimum of 50% being evergreen.

Plant material shall meet the following requirements:

Plant species within buffer plantings shall:

Be resistant to diesel exhaust;

[ii]

Not be identified on the most current DCNR invasive species or watch lists; and

[iii]

Be hardy within USDA hardiness Zone 6b.

Shall be planted on the exterior of any required berm (or exterior side of a wall or fence if permitted in lieu of a berm).

Shall be planted on the top and the exterior of any berm, in order to provide effective screening.

Shall be arranged in groupings to allow for ease of maintenance and to provide a naturalized appearance.

Shall provide a diversity in plant species, such that no one species accounts for more than 25% of each plant type.

Proposed plantings shall be reviewed and approved by the Township Engineer.

Where buffer yards are contained within, or contain within themselves, utility easements, such buffer yards shall be taken in addition to the utility easements.

Any tractor-trailer truck parking, outdoor storage and/or loading/unloading areas that are visible from and are within 250 feet of the exterior lot lines of the use shall be separated from such lot lines by an earthen berm. Such berm shall meet the following conditions:

Average a minimum of eight feet in height above the adjacent average ground level (disregarding any drainage channel) on the outside of the berm.

Not have one completely continuous height, but instead shall vary in height by a minimum of one foot in several locations. Berms shall be designed to have variations in shape, elevation and grade in order to provide a natural appearance.

Have a maximum side slope of three horizontal to one vertical.

Be covered by a well-maintained, all-season, natural ground cover, such as grass.

Landscape material that is required for buffers shall be in addition to any other ordinance requirements such as street trees and parking area buffers.

Wholesale use shall include wholesale storage business including a farm cooperative within a roofed structure, provided that no less than one off-street parking space for every 500 square feet of gross floor area, plus one space for each company vehicle normally stored on the premises shall be provided. All parking shall be screened in accordance with § 200-38.

(18)

G-18, airport/heliport. Airport or heliport shall include air landing strips, helipad, hangers, incidental maintenance and repair and storage of fuel, provided that the following regulations are met:

The minimum lot size on which an air landing strip is permitted shall be 30 acres.

The outside limits of the air landing strip shall be located 300 feet from any property line and from any public road.

The private air landing strip shall meet all the regulations of the State Department of Transportation, Bureau of Aviation, and shall have the approval of this agency and of any other air strip licensing agencies of the federal or state government and the provisions of § 200-41.

No activities shall be permitted which will violate the regulations of this chapter or any other Township ordinance controlling noise, dust, dirt, electrical disturbance, hazards, or other nuisances.[12]

Editor's Note: See also Ch. 125, Nuisances.

No air strip shall be established if its flight pattern will overlap with the flight pattern of any existing air landing field or heliport.

All buildings associated with the air strip, including hangers, landing pads, warm-up pads, refueling facilities, lights, etc., shall be placed at least 100 feet from the property line of the lot.

Parking. Not less than one parking space per each employee plus one parking space each for five aircraft stored on the premises.

(19)

G-19, solid waste facilities. Solid waste disposal facilities shall include landfills, composting plants, waste-to-energy plants, transfer stations and resource recovery facilities subject to the following provisions.

Solid waste landfill:

The minimum lot area shall be 50 acres.

The construction and operation of a solid waste landfill shall not be permitted unless a permit for such landfill has been issued by the Pennsylvania Department of Environmental Protection (DEP) and the landfill is constructed and operated in full compliance with state regulations.

A solid waste landfill operation shall be under the direction at all times of a responsible individual who is qualified by experience or training to operate a landfill.

Burning of solid waste is prohibited at a landfill. Suitable measures shall be taken to prevent fires by means and devices mutually agreeable to DEP and the Township.

Gaseous and particulate emission from the landfill site shall conform to the prevailing federal, state and local air pollution control codes and regulations.

Direct access shall be taken from an arterial or collector highway. No more than one access road shall be constructed to the entrance of the landfill. The access road shall be an all-weather paved surface road negotiable by and capable of supporting loaded solid waste collection vehicles. All existing public roads shall be kept mud free.

A tire-cleaning area shall be provided on site. All tires of all trucks leaving the landfill shall be cleaned. Runoff from the tire-cleaning area shall be controlled and disposed of in accordance with all pertinent federal, state and/or Township standards.

An equipment cleaning area shall be provided on site. All equipment used to grade and compact solid waste at the landfill shall be cleaned daily. Runoff from the equipment cleaning area shall be controlled and disposed of in accordance with all pertinent federal, state and/or Township standards.

Access to the site shall be limited to those posted times when an attendant is on duty. Unloading of waste shall be continuously supervised. In order to protect against indiscriminate and unauthorized dumping, every solid waste landfill shall be protected by locked barricades, fences, and/or gates or other positive means designed to deny access to the area at unauthorized times or locations. Such barricade, fence or gate shall be at least six feet high and shall be kept in good repair and neatly painted in a uniform color.

No site activity shall be permitted on Sundays or legal holidays. Dumping shall be permitted only between the hours of 7:30 a.m. and 5:30 p.m. No vehicles shall be staged or parked at entrance and/or access road of the landfill prior to 6:30 a.m. Overnight parking shall be prohibited.

Measures shall be provided to control dust and debris. The entire area shall be kept clean and orderly. The perimeter of the landfill shall be inspected for debris on a daily basis.

Hazardous, contaminated and/or toxic materials, including, but not limited to, highly flammable materials, explosives, pathological wastes, and radioactive materials shall not be disposed of in a solid waste landfill.

The disposal of sewage liquids and solids and other liquids shall be specifically prohibited in a solid waste landfill.

The storage of salvage shall be controlled in a manner that will not permit the inhabitation or reproduction of deleterious vectors.[13]

Editor's Note: See also Ch. 189, Vector Control.

The entire site, including the fill surface, shall be graded and provided with drainage facilities to minimize runoff onto and into the fill, to prevent erosion or washing of the fill, to drain off rainwater falling onto the fill, and to prevent the collection of standing water. Cracks in, depressions in, and/or erosion of cover shall be repaired daily.

An operation permit shall be obtained on an annual basis on or before June 1.

A final inspection of the entire site shall be made by DEP and the Township and their authorized representatives to determine compliance with approved plans and specifications before the earthmoving equipment is removed from the site. Any necessary corrective work shall be performed before the solid waste landfill project is accepted as completed. Arrangements shall be made for the repair of all cracked, eroded and uneven areas in the final cover during the first two years following completion of the solid waste landfill. A bond shall be posted to ensure that all corrective work is completed.

[18]

The initial application for a solid waste landfill shall be accompanied by impact statements. A plan for the reuse of the land shall be submitted, in writing, to the Board of Supervisors at the time of securing a permit. The plan shall be in compliance with the prevailing zoning at the time of application.

[19]

The maximum active dumping area shall be 25 acres. Continued operation of the landfill shall be subject to compliance with all state and Township regulations pertaining to landfill.

[20]

No operation, activity, use of occupation of any type shall be carried on within 300 feet of any property line of the landfill or within 300 feet of any street right-of-way. In addition, a landfill shall not be located within 300 feet of any residential zoning district or occupied residential dwelling unit.

[21]

The storage of fuel to be used on the landfill site shall be in accordance with all applicable federal, state and Township regulations.

[22]

A chain-link fence with a minimum height of 15 feet shall be erected along all boundary lines of the area which is approved for operational use as a sanitary landfill by DEP. The fence shall not contain openings greater than four square inches and shall contain, at all entrances, gates which are locked except during operation hours.

[23]

A fifty-foot wide buffer yard shall completely surround all area approved for operational use by DEP. The buffer yard shall consist of a dense evergreen screen, and is to be located and maintained along all boundary lines of the facility, except at the entrances. The selected evergreens shall have a minimum height of six feet and shall be staggered on ten-foot centers. No materials of any nature shall be stored within this buffer yard. A landscaping plan shall be submitted to the Township for review and approval.

[24]

The weight of all waste materials shall be submitted to the Township on a quarterly basis.

Resource recovery facilities, composting plants, waste-to-energy plants and transfer stations.

The minimum lot size shall be 10 acres.

Parking areas shall be a minimum of 100 feet from any property line.

Operation of the facility shall at all times be in full compliance with state statutes and regulations of DEP and the provisions of this chapter. In the event that any of the provisions of this chapter are less restrictive than any present or future rules or regulations of DEP, the more restrictive DEP regulations shall supersede and control.

Gaseous and particulate emission from the facility shall conform to the prevailing federal, state and local air pollution control codes and regulations.

Access to the site shall be limited to those posted times when an attendant is on duty. Unloading of waste shall be continuously supervised. In order to protect against indiscriminate and unauthorized dumping, every resource recovery facility and transfer station shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations. Such barricade, fence or gate shall be at least six feet high and shall be kept in good repair and neatly painted in a uniform color.

No site activity shall be permitted on Sundays or major legal holidays. Dumping shall be permitted only between the hours of 7:30 a.m. and 5:30 p.m. No vehicles shall be staged or parked at entrance and/or access road prior to 6:30 a.m. Overnight parking shall be prohibited.

Measures shall be provided to control dust and debris. The entire area shall be kept clean and orderly. The perimeter of the facility shall be inspected for debris on a daily basis.

Hazardous, contaminated and/or toxic materials, including, but not limited to, highly flammable materials, explosives, pathological wastes, radioactive materials, shall not be disposed of at the facility.

The disposal of sewage liquids and solids and other liquids shall be specifically prohibited.

All parts of the process of unloading, handling and storage of municipal solid waste shall occur within a building. However, certain separated recyclable materials such as glass, aluminum, and other metals may be stored outdoors. The storage of paper shall be within a building. Any materials stored outdoors shall be properly screened so as not to be visible from any adjacent streets or property. No materials shall be placed or deposited to a height greater than the height of the fence or wall herein prescribed.

No municipal solid waste shall be stored at a transfer station for more than 72 hours.

A contingency plan for disposal of municipal solid waste during a facility shutdown must be submitted to the Township and approved by the Board of Supervisors.

Waste from the resource recovery facility composting or waste-to-energy process (such as, but not limited to, ash from an incinerator) shall be stored in such a manner as to prevent it from being carried from the site by wind or prevent it from being carried from the site by wind or water. This process waste shall be located at least 200 feet from any property line and stored in leakproof containers. Such process waste shall be disposed of in a sanitary resource recovery facility approved by DEP or in another manner approved by DEP.

Landfilling and open burning of any materials are not permitted.

[18]

No use shall emit noise in such quantity as to be audible beyond its lot lines.

[19]

An operational permit shall be renewed on an annual basis on or before June 1.

[20]

No operation, activity, use, or occupation of any type shall be carried on within 200 feet of any property line of the facility or within 200 feet of any street right-of-way. In addition, a facility shall not be located within 300 feet of any residential zoning district or occupied residential dwelling unit.

[21]

The facility shall be under the direction at all times of a responsible individual who is qualified by experience or training to operate such a facility.

[22]

The storage of fuel to be used at the facility site shall be in accordance with all applicable state and Township regulations.

[23]

A chain-link fence with a minimum height of eight feet shall be erected along all boundary lines of the area which is approved for operational use by DEP. The fence shall not contain openings greater than four square inches and shall contain, at all entrances, gates which are locked except during operating hours.

[24]

[25]

The weight of all materials shall be submitted to the Township on a quarterly basis.

(20)

G-20, grower/processor facility.

[Added 4-20-2017 by Ord. No. 349]

A grower/processor facility which grows medical marijuana must be owned or leased and operated by a grower/processor legally registered with the commonwealth and possess a current and valid medical marijuana permit from DOH pursuant to the Act.[14]

Editor's Note: See 35 P.S. § 10231.101 et seq.

A grower/processor facility which grows medical marijuana can only do so in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the DOH. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

The maximum floor area of a grower/processor facility shall be limited to 20,000 square feet, of which sufficient space must be set aside for secure storage of marijuana seeds, related finished product, and marijuana-related materials used in production or for required laboratory testing.

There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from any grower/processor facility where medical marijuana growing, processing or testing occurs.

Marijuana remnants and by-products shall be secured and properly disposed of in accordance with the DOH policy or policies and shall not be placed within any unsecure exterior refuse containers.

The grower/processor facility shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is specifically prohibited at a grower/processor facility.

A grower/processor facility may not be located within 1,000 feet of the property line of a public, private, or parochial school or day-care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of the municipality in which it is located.

All external lighting serving a grower/processor facility must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

Parking requirements will follow the parking regulations found in § 200-36 of the Township of Forks Zoning Ordinance.

A buffer planting is required where a grower/processor facility adjoins a residential use or district in accordance with § 200-38B of the Township of Forks Zoning Ordinance.

Entrances and driveways to a grower/processor facility must be designed to accommodate the anticipated vehicles used to service the facility.

The grower/processor facility shall require a site plan review and approval if it is utilizing an existing facility and land development review and approval if a new facility is being built and utilized pursuant to the provisions of the Township of Forks ordinances.

Any and all other provisions contained in the Act[15] affecting the construction, use and operation of a grower/processor facility.

Editor's Note: See 35 P.S. § 10231.101 et seq.

Any medical marijuana facility lawfully operating pursuant to the Act[16] shall not be considered in violation of these provisions by the subsequent location of a public, private or parochial school or day-care center.

Editor's Note: See 35 P.S. § 10231.101 et seq.

Accessory uses.

H-1, light home occupation. See definition of "home occupation, light" in § 200-7.

All home occupations shall meet the following requirements:

The use shall be conducted primarily by a permanent resident of the dwelling, and involve a maximum of one person working on site at any one time who does not reside within the dwelling. A maximum of one nonresident employee shall operate a vehicle based at the property on a daily basis.

The use shall be conducted indoors. No outdoor storage or display related to the home occupation shall be permitted. No changes shall occur to the exterior of a building that would reduce its residential appearance as viewed from a street.

The use shall occupy an area that is not greater than 25% of the total floor area of the principal dwelling unit, or 500 square feet of floor area, whichever is more restrictive. The use shall clearly be secondary to the residential use.

One off-street parking space shall be required per nonresident employee.

The use shall not require delivery by tractor-trailer trucks.

No excavating equipment shall be parked overnight on a residential lot or an adjacent street as part of a home occupation.

No equipment or machinery shall be permitted that produces noise, noxious odor, vibration, glare, electrical or electronic interference detectable on another property. The use shall not involve the storage or use of hazardous, flammable or explosive substances, other than types and amounts typically found on a residential property. The use shall not involve the storage or use of toxic or highly hazardous substances.

A home occupation shall not be conducted in a manner that is perceptible to other residents between the hours of 9:00 p.m. and 7:30 a.m.

Any tutoring or instruction shall be limited to a maximum of three students at a time.

The main office of a medical doctor, chiropractor or dentist shall not be permitted as a home occupation.

A home occupation shall not include more than one sign, which shall have a maximum sign area of one square foot and shall not be illuminated. Such sign may be attached to a mailbox, a building or a residential light pole, but shall not be more than six feet in height.

The use shall not involve manufacturing, other than of custom crafts and sewing. The use shall not involve commercial repair of motor vehicles.

The use may include sales using telephone, mail order or electronic methods. On-site retail sales shall be prohibited, except for sales that are clearly accessory to an approved barber/beauty shop or similar on-site service.

If more than one home occupation is accessory to a dwelling, the total aggregate impact of the home occupations shall be considered in determining compliance with this chapter.

A zoning permit shall be required for any home occupation.

The following shall not be allowed as a home occupation: animal hospital, veterinary office, kennel, funeral home, vehicle repair, vehicle sales, retail store, motel, restaurant, boardinghouse, firearms sales, or pest control business.

Parking of trucks shall meet § 200-28H(3).

The following provisions shall only apply to a light home occupation and not a general home occupation.

The use shall not routinely involve routine visits to the home occupation by customers or more than one nonresident employee at a time.

The use shall only involve the following activities:

Work routinely conducted within an office;

Custom sewing and fabric and basket crafts;

Cooking and baking for off-site sales and use;

Creation of visual arts (such as painting or woodcarving);

Repairs to and assembly of computers and computer peripherals; and

A construction tradesperson, provided that a maximum of one nonresident employee shall routinely operate from the lot.

H-2, general home office.

The requirements of § 200-28H(1)(a) shall also apply.

When special exception approval is required, the Zoning Hearing Board shall deny a general home occupation application, or limit its intensity through conditions, if the Board determines the use would be too intense for the proposed location. In making such determination, the Board shall review the likely amounts of traffic, the types of operations involved and related nuisances, the amount of off-street and on-street parking that is available, the density of the neighborhood, whether the use would be adjacent to another dwelling, and setbacks from other dwellings.

One off-street parking space shall be required per nonresident employee. In addition, for a general home occupation, the Zoning Hearing Board shall require additional off-street parking if the Board determines it is necessary for customer parking.

A barber- or beauty shop shall not include any nonresident employees.

H-3, residential accessory structure or use. Use H-3 shall apply to structures and uses that are customarily incidental to an allowed dwelling, including but not limited to the following:

Parking spaces for the parking of vehicles, provided that no vehicle of over 14,000 pounds of aggregate gross vehicle weight shall be parked overnight outdoors on a residential lot, except that a maximum of one such vehicle may be kept if it is set back a minimum of 100 feet from the lot lines of any adjacent residential lot. However, in no case shall a tractor and/or tractor trailer be parked or kept overnight in a residential district.

A maximum total of two campers, recreational vehicles, boat or motorcycle trailers, and boats may be stored outdoors on a residential lot, provided they are owned or leased by an occupant of the premises. If any such item is greater than 20 feet in total length, it shall be kept outside of the required minimum front yard and shall be separated by a row of evergreen trees with a minimum initial height of four feet from any abutting lot line of a dwelling. This Subsection H(3)(a)[1] shall not apply for an item that is parked for less than two days in any seven-day period.

Any such storage shall only be allowed if it is not otherwise restricted by deed covenants, association regulations and/or other such private rules and regulations.

Fences and walls, provided that they shall have a maximum height of four feet within a required front yard and seven feet within any required side or rear yard, and provided that fences and walls shall not be allowed within a street right-of-way, but may be placed without a setback from a lot line, and provided that, on a corner lot, the four-foot restriction shall only apply along the predominant front yard and not both front yards;

Customary accessory buildings such as storage sheds, bathhouses, and private greenhouses and detached residential garages, providing they meet the following requirements:

A structure with a floor area of less than 200 square feet shall be no closer than five feet to any side or rear property line.

Accessory buildings that are not permitted to have a smaller setback under this section shall meet the setback requirement for a principal building of the applicable district.

On a lot greater than one acre, a maximum of one facility for domestic servants or caretakers employed on the premises and for occasional gratuitous guests shall be allowed.

All private residential sheds on a residential lot together shall not exceed 400 square feet in floor area.

Buildings that are accessory to a dwelling shall have a maximum total height of 16 feet.

No structure shall encroach within any utility, drainage, maintenance, sewer, or other such easement or right-of-way.

A swimming pool shall be permitted as an accessory to a residential use, provided that any pool with a minimum water depth of 24 inches shall meet the following requirements:

A swimming pool shall comply with the provisions of the Residential Construction Code[17] that require a secure fence or other suitable enclosure surrounding the pool.

The following provisions shall only apply if the requirements for an enclosure under the Residential Construction Code do not apply: Any existing or proposed swimming pool that covers more than 16 square feet shall be completely surrounded by a secure fence and/or walls with a minimum height of four feet and a self-latching gate. In the event that a pool has walls that are designed to be climb-resistant and those walls are at least four feet above the ground, and a ladder is designed to be elevated and locked when the pool is not attended by adults, then the fencing requirement shall not apply.

Editor's Note: See also Ch. 77, Building Construction.

A swimming pool shall not be located in the minimum front yard and the water surface shall be set back a minimum of 10 feet from the side and rear lot lines.

See also Township construction, plumbing and electrical permit requirements.[18]

[18]

Editor's Note: See also Ch. 77, Building Construction, and Ch. 137, Plumbing.

All detachable ladders shall be removed when the pool is not in use.

Outdoor lighting, if used, shall be installed in such a way as to be shielded and not to reflect toward or into the interior of adjacent residential properties.

A minimum isolation distance of 25 feet shall be required between a swimming pool and any sewage disposal system.

In no case shall water in the pool or pool area be permitted to emit an offensive odor or create any unhealthful condition. Further, it shall be a violation of this chapter to cause or allow drainage in a manner that harms adjoining public or private land or structures or causes soil erosion.

No pool shall be located under any electric power lines (including service lines), and the pool must be located at least 10 feet (measured horizontally) from such power lines.

No water shall be placed in the pool until a Township-approved enclosure has been completed.

In-ground private swimming pools and associated coping/patios are permitted an increase in the maximum impervious surface ratio for the zoning district in which the property is located equal to 10%. This additional 10% is only permitted if the property is nonconforming in lot size (undersized) and a Township Engineer approved stormwater infiltration system is provided.

[Added 1-19-2022 by Ord. No. 391]

Garage sales. "Garage sales" shall be defined as the occasional sale of used household items as accessory to a dwelling. Such use shall be limited, per dwelling unit, to no more than four times per year and a maximum total of eight days per calendar year.

H-4, boarding. Boarding shall include the keeping of not more than two roomers, boarders, or lodgers as an accessory use within the principal structure of a single-family detached dwelling and shall be permitted, provided:

The dwelling unit shall function as a common household, as opposed to a boardinghouse. A statement shall be submitted to the Zoning Officer indicating the number of proposed dwelling units and occupancy capacity, the room size of each, type of unit, the total building floor area per occupant and open yard space per occupant.

Any dwelling converted shall be occupied in part by the owner or his agent.

No additional rooms shall be constructed for this purpose.

A second separate set of cooking facilities or a separate dwelling unit shall not be created.

Parking. No less than one off-street parking space shall be provided for each roomer.

H-5, nonresidential accessory structures or uses. Such use shall include an accessory building, structure, or use that is customarily incidental to an allowed principal use on the same lot, but shall not include outdoor storage which is controlled under Use H-6.

Parking. Shall conform to the requirements of the most closely related use in Article V, Use Regulations, of this chapter.

One windmill shall be allowed as an accessory use on any lot. In no case shall a windmill have a setback from a lot line that is less than its total maximum height above the surrounding ground level. A windmill under this section shall have a maximum total height above the surrounding ground level of 200 feet. For other windmills, see Use C-16.

H-6, outside storage. This term shall include outside storage, other than storage as a primary use of the land. This term shall include outdoor storage that is necessary but incidental to the normal operation of a primary use, subject to the following additional provisions:

No part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use, no required parking areas, and no part of the required front yard shall be occupied by outside storage.

Outside storage areas shall be shielded from view from the public streets.

No more than 25% of the lot area shall be used for outside storage. Among the uses that shall not be considered appropriate for inclusion under this provision are: retail shop (E-19), repair shop (E-18), service station (E-4), automobile repair shop (E-4), automotive accessories (E-3), wholesale (G-17), and contracting (G-2).

Such use shall include the temporary storage of tractor trailers, panel trucks, vans, and similar vehicles which supply or service establishments in commercial or industrial districts shall be permitted, provided that such vehicles shall be used by the establishment in the normal conduct of their business.

H-7, temporary structures and uses. This use shall include customary, routine and incidental temporary accessory structures or uses, such as temporary retail sales, temporary parking of storage trailers, and other activities necessary during adjacent construction. "Temporary retail sales" shall mean the offering of goods for sale to the public in a location that is not part of an approved permanent ongoing retail establishment. This use is subject to the following additional provisions:

The parking of storage/office trailers and construction equipment shall be allowed while needed for construction that is actively occurring on site or on an adjacent lot or highway. After completion of construction, all such trailers and equipment shall be removed. For a temporary dwelling unit, see § 200-27. For temporary agricultural sales, see § 200-28A(2).

Sales office/model home. A temporary permit may be issued for a temporary structure for use as a sales office for a residential development on the tract, or for the temporary use of a dwelling as a model home/sales office. If a structure is used other than a permanent dwelling, it shall be completely removed from the tract after the sale or rental of the last dwelling on the tract. If a permanent dwelling is used, it shall be converted to residential purposes after the sale or rental of the last dwelling on the tract.

Door-to-door retail sales and accessory retail sales in areas immediately adjacent to a principal retail building (such as a charitable bake sale) are not regulated by this Use H-7.

For temporary structures and uses other than under uses described under Subsection H(7)(a) through (c), the Zoning Officer shall specify a reasonable time limit on the zoning permit. Unless otherwise stated on the permit, a temporary use shall be limited to a maximum of 30 total days per calendar year per lot. This could include, for example, three periods of 10 days each.

Any structure or tent erected for a temporary use shall be removed completely within five days after the expiration of the permit, without cost to the Township.

Nonprofits. A zoning permit may be issued for customary, routine and accessory short-term retail sales, flea market, provisions of meals and special events, provided that:

Only a well-established nonprofit organization, educational institution, fire company or a permitted place of worship proposing a temporary use to clearly primarily serve a charitable, public service, youth recreation or religious purpose shall be eligible to receive approval for commercial-type activities in a district where a commercial use would not otherwise be permitted;

Such total events shall be limited to a maximum of 45 days for Christmas tree sales and 30 total days per calendar year for all other activities; and

The applicant shall prove to the Zoning Officer that sufficient parking and traffic control will be available for the special event, without obstructing parking that is required to serve other uses on the site.

Temporary retail sales. For temporary retail sales that are not within an existing retail building (other than types addressed in the above subsections), all of the following conditions shall be met:

The lot shall be located within a zoning district that allows retail sales.

The operator shall have received any business permits required by the Township. The operator may be a different entity than the operator of another business on the lot.

Off-street parking spaces shall not be obstructed that are required to serve permanent uses on the lot.

Any signs visible from a public street shall comply with this chapter.

If food or beverages are sold that are not prepackaged, the applicant shall prove compliance with state health regulations, including having on-site facilities for workers to wash their hands. Proper bathroom facilities shall also be available for workers.

Any structure shall meet minimum setbacks for the zoning district. Sales shall not occur on a public sidewalk.

A zoning permit shall be required and be displayed while the activity is open for business.

The use shall not obstruct safe sight distances.

Applicable state highway occupancy permit requirements shall be met.

The use shall not be open to the public between 10:00 p.m. and 7:00 a.m.

A site plan drawn to scale shall be submitted to the Zoning Officer showing the proposed location of the use, structures, parking and signs.

See also Chapter 133, Peddling and Temporary Retail Sales, of the Codified Ordinances of Forks Township. That chapter, among other provisions, establishes fees for temporary retail sales.

Only one temporary commercial retail sales use shall be allowed on a lot at one time, exterior to a retail building.

No individual or succession of temporary retail uses shall operate on a lot for a period exceeding 30 days. Up to three periods of 30 days each shall be allowed in any calendar year.

Exceptions. The regulations of Use H-7 shall not apply to:

Temporary retail sales use inside an existing permanent retail sales building.

Routine temporary sales of an indoor permanent retail business that extend onto a privately owned sidewalk or yard abutting that business.

H-8. (Reserved) For household swimming pools, see Use H-3.

H-9. (Reserved)

H-10, dwelling in combination with an allowed business.

One apartment shall be allowed as accessory to a principal street-level commercial, office, or industrial use, within the same building. The regulations governing residential conversion, Use B-14, shall be met.

H-11. (Reserved)

H-12. (Reserved)

H-13, day care - minor home occupation. "Family day care" as defined herein is permitted as a home occupation, provided:

Said use is located within single-family detached, semidetached or attached dwellings only.

A minimum outdoor play area of at least 100 square feet per child shall be provided in the rear yard of the subject lot, and said play area shall be enclosed with a forty-eight-inch-high fence when located within 25 feet of a street.

Said use is exempt from Subsection H(13)(b) above, provided that an indoor play area of at least 50 square feet per child shall be provided and said area shall not include bedroom areas and a maximum of 25% of said requirement may be provided in an eat-in kitchen.

After providing for the indoor play area, the remaining portion of the dwelling shall contain a minimum of 800 square feet that is solely devoted to residential use.

In addition to the required off-street parking for the residential use, one off-street parking space shall be provided for each nonresident employee and the lot shall have adequate street frontage or additional temporary off-street parking to provide for the dropoff and pickup of children without adversely affecting adjoining properties.

The day-care facility meets applicable state and federal regulations, including the obtaining and maintaining of all necessary permits, licenses and inspections.

In any dwelling unit, residents of the dwelling unit may care for their own children, their relatives, and up to three other children as a permitted by right, without needing a zoning permit and without any additional requirements.

H-14, day care - home occupation. "Family day care" as defined herein is permitted as a home occupation, provided:

Said use is located within single-family detached, semidetached or attached dwellings only.

Said use is exempt from Subsection H(14)(b) above, provided that an indoor play area of at least 50 square feet per child shall be provided and said area shall not include bedroom areas and a maximum of 25% of said requirement may be provided in an eat-in kitchen.

After providing for the indoor play area, the remaining portion of the dwelling shall contain a minimum of 800 square feet that is solely devoted to residential use.

In addition to the required off-street parking for the residential use, one off-street parking space shall be provided for each nonresident employee, and the lot shall have adequate street frontage or additional temporary off-street parking to provide for the dropoff and pickup of children without adversely affecting adjoining properties.

The day-care facility meets applicable state and federal regulations, including the obtaining and maintaining of all necessary permits, licenses and inspections.

In any dwelling unit, residents of the dwelling unit may care for their own children, their relatives, and four to six other children as a permitted by right, without needing a zoning permit and without any additional requirements.

H-15, residential solar energy system.

Solar panels shall be permitted as a rooftop installation. The solar panels shall not exceed the height of the roofline on a pitched roof. On a flat roof, the solar panels shall be angled such that they are not more than three feet above the roofline, and the height of the solar panels shall not exceed the height requirement for the residential district in which the solar panels are located.

Solar panels shall also be permitted as ground arrays for pool heater use, in accordance with the following:

Ground arrays shall not be permitted in a front yard.

Ground arrays shall be located such that any glare is directed away from an adjoining property.

Ground arrays shall not exceed a height of 15 feet above the ground.

Ground arrays shall not exceed nine square feet.

Ground arrays are subject to the setback distances prescribed for the residential zoning district in which the ground array is constructed.

Solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the system. In no case shall any identification be visible from a property line.

The design of solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.

The installation of a solar energy system shall conform, to the extent applicable, to the Pennsylvania Uniform Construction Code, as amended,[19] regulations, if any, adopted by the Pennsylvania Department of Labor and Industry, and to applicable industry standards, including those of the American National Standards Institute. Manufacturer's data and certificates of compliance shall be submitted to the Township at the time of submitting the building permit application.

[19]

Editor's Note: See 35 P.S. § 7210.101 et seq.