Township of Upper Mount Bethel, PA Article VI Supplementary Regulations

§ 350-25 Permitted variations from required areas.

The minimum lot, yard and height requirements of Article IV shall prevail in all cases, except as follows:

A. Existing nonconforming lots.

(1) In any district where a vacant nonconforming lot exists as a separate entity at the time of passage of this chapter, and where the owner of the nonconforming lot does not own an adjoining lot, then the following development is permitted on such a lot:

(a) If the lot is located in an OSC, A-1, R-1 or VCR-1 Zoning District or in any district in which a single-family dwelling is listed as a permitted use, then a single-family dwelling, including any attached permitted accessory use, may be constructed on it as a permitted use subject to the minimum requirements for nonconforming lots shown on Schedule V[1] following this page, except that the minimum distance between principal structures on the same lot or on adjoining lots shall not be less than 11 feet.

[1] Nonconforming lots because of their existing sizes do not conform with the minimum requirements of Schedule V[2] may only be developed if they are approved as a special exception use by the Zoning Hearing Board as required herein.

[2] Editor's Note: Said schedule is included as an attachment to this chapter.

[2] Accessory structures which are not attached to the principal structure may be built up to three feet to any side lot line or not less than eight feet from the rear lot line provided that such accessory structures are not located closer than 10 feet from any principal structure.

[1] Editor's Note: Said schedule is included as an attachment to this chapter.

(b) If the lot is located in any remaining nonresidential zoning district (C-1, C-2, I-1, I-2, and I-3), then a structure not exceeding two stories in height may be constructed on it, for a use permitted in the district in which it is located, as shown on Schedule I, provided that the off-street parking and loading requirements of this chapter shall be complied with and that the front, side and rear yards are not reduced by more than one-third of the requirements of Schedule II.[3] Lots which are not large enough to meet these minimum requirements may then only be developed if it is reviewed and approved as a special exception use by the Zoning Hearing Board after consideration of any adverse effects on the adjoining commercial and other uses in the area.

[3] Editor's Note: Said schedules are included as an attachment to this chapter.

(c) For changes to existing conforming uses located on nonconforming lots, see § 350-25E.

(d) For requirements governing nonconforming uses and structures, see § 350-28.

(e) Prior to the development of any such nonconforming lot which is not served with private or public water or sewer facilities, the owner shall provide an adequate on-lot or alternate facility which complies with PADEP and Township regulations.

B. Height limitations. Maximum district height limitations for church spires, cupolas and domes, monuments, water towers, chimneys, smokestacks, antennas, farm structures, silos, and flag poles which are permitted in the zoning district shall be 75 feet. Required utility and radio and television station transmitting or receiving towers which are permitted under the requirements of this chapter may exceed the district height limitations as set forth in Township Ordinance 99-03.[4]

[4] Editor's Note: Said ordinance is included as an attachment to this chapter.

C. Front yard exception. When an unimproved lot is situated between two improved lots each having a principal building within 25 feet of the side lot line of the unimproved lot, and where the lot is not located on a major state or federal highway, then the required front yard may be reduced to a depth equal to that of the greater front yard of the two adjoining lots; provided, however, that it may not be reduced to below 20 feet, in all districts.

D. Projections into yards. Projections into required yards may be permitted as follows, except that no such projection shall be located closer than 10 feet to any side lot line, or 15 feet to any rear lot line, or 20 feet to any front lot line, except as may be provided for in § 350-25A for existing nonconforming lots:

(1) Fire escapes, uncovered stairs and landings, canopies, eaves, or other architectural features not required for structural support may project into the required side, front or rear yard not more than a total of four feet.

(2) Accessory structures may project into yards as set forth in applicable §§ 350-27A and 350-25A.

(3) Patios may be located in any required yard area, not closer than the following to any property line, except that patios constructed on existing nonconforming lots may line up with and be as wide as the principal structure on the lot.

(a) Side property line: 10 feet.

(b) Rear property line: 15 feet.

(c) Front property line: 15 feet.

E. Changes to conforming uses and buildings.

(1) Any conforming use or building may be repaired, maintained, restored or rebuilt up to the same dimensions existing at the effective date of this chapter.

(2) Any enlargement of a structure, which houses an regulations of this chapter.

§ 350-26 Unique lots and building locations.

A. Two or more principal uses on a lot. There shall be only one principal use on a lot. Any existing lot with two (or more) principal uses shall be considered nonconforming and any enlargement, restorations, discontinuance, changes in use, termination, off-street parking and related issues shall be controlled by § 350-28 of this chapter and the subsections thereunder.

[Amended 4-27-2009 by Ord. No. 2009-07]

B. Through lots. Where a single lot under individual ownership extends from one street to another parallel or nearly parallel street or alley, the Planning Commission shall decide which street will be considered as the front street. No principal structure shall be erected on any portion of a lot which does not have primary access from an improved public street, except as specified in § 350-26A and C.

C. Lots fronting on an alley. Individual lots existing at the effective date of this chapter fronting on an alley shall comply with all the requirements of this chapter and the district in which said lots are located, except that no principal structure shall derive its primary or only access from an alley.

D. Side yard of a corner lot. The side yard of a corner lot which abuts a street shall be equal to the required front yard for that street, except as may be limited by § 350-26E.

E. Obstruction to vision. No obstruction to vision, as defined herein, shall be planned, constructed or maintained in the vicinity of any street intersection or driveway, entrance, or on a corner lot, which creates potential vehicular safety hazards.

F. Flag pole lots. Section 350-9, Definitions; word usage, of this chapter. Section 350-9, the definition of "flag pole lot (flag lot)" shall control regarding such lots.

[Added 4-27-2009 by Ord. No. 2009-07]

§ 350-27 Accessory structures and uses.

A. Accessory structures. All accessory structures, unless otherwise provided for in this chapter, shall conform with the minimum yard regulations established in Article IV, except for nonconforming lots as set forth in § 350-25A, and except as permitted below:

(1) Unattached structures accessory to residential buildings. Structures accessory to residential buildings which are not attached to a principal structure shall not be higher than 24 feet or two stories, and may be erected within the required rear and side yards of the lot provided that they conform with the following:

(a) Distance from side lot line. Not less than 10 feet from the side lot line, except in the case of corner lots where the side yard as specified in § 350-26D shall be maintained.

(b) Distance from rear lot line. Not less than 15 feet from the rear lot line.

(c) Distance from principal structure. Not less than 10 feet from a principal structure.

(2) Unattached structures accessory to nonresidential buildings. Such accessory structures shall comply with front, side and rear yard requirements for the principal structure.

(3) Variation for nonconforming lots. In lieu of the above requirements, permitted accessory structures located on nonconforming lots shall comply with the requirements of § 350-25A.

(4) Signs and off-street parking. Signs and off-street parking areas may be located in required yard areas as set forth in §§ 350-29 and 350-30.

B. Home-based business. Requirements for home-based businesses are set forth below and as defined in Article II.

(1) No-impact home-based business. A no-impact home-based business shall be considered to be an accessory use to a principal residential dwelling use located in the OSC, A-1, R-1 and VCR-1 Zoning Districts, or to other legally established nonconforming residential housing units located in commercial and industrial zoning districts. Such an accessory home based business shall be subject to the following requirements:

(a) It shall be conducted by up to three permanent residents of the dwelling.

(b) "No-impact home-based business" shall be restricted to businesses which do not generate customer, client, or patient traffic, nor pickup, delivery, or removal functions in excess of those normally associated with residential use. Activities of this type shall be carried out only between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday.

[1] The above activities which are not permitted in a no-impact home-based business since they are considered to be in excess of those normally associated with residential use include the following:

[a] The activities listed are conducted before or after the hours of 9:00 a.m. to 5:00 p.m.

[b] Individual customers or clients that visit the home in excess of two clients per hour or a maximum of eight customers or individuals per day.

[c] Patient traffic involving more than two vehicles per hour or a total of five vehicles per day.

[d] Pickup, delivery or removal functions involving a total of more than one per hour or a total of three per day.

[2] Any other activities which draw excessive attention, noise or distraction to the normal daily requirements and activities of the neighborhood in which the residential unit is located, including the receipt by the Township of complaints from neighboring residents. Any such complaints must be presented in writing to the Township and verified by the Zoning Officer or other official of the Township. The Zoning Officer may discuss and attempt to resolve this matter with the business owner. If this is not possible, the Zoning Officer shall prepare a recommendation to be presented to the Zoning Hearing Board for their review and action.

(c) It shall comply with all other legal requirements, including adherence to any deed restriction, covenant, or agreement restricting the use of land, or any master deed, bylaw, or other document applicable to a common interest ownership community.

(d) It shall not detract from the residential character of the neighborhood or exhibit any influences or emissions which are detrimental to the health, safety, welfare or morals of the residents of the neighborhood.

(e) It shall have sufficient off-street parking space available to serve up to three clients at any one time.

(f) It shall not exhibit any external characteristics or evidence of its presence such as a sign, nor shall it modify the structure or appearance of the residential unit which will draw attention to the unit as a business use.

(g) A permitted no-impact home-based business shall be clearly incidental and secondary to the use of the dwelling unit for residential purposes. All such home businesses shall be located within the principal residential structure, but shall not exceed 35% of the total usable floor area of the dwelling, excluding attics and basement areas. However, attics and basements may be used for storage of items related to no-impact home-based businesses which comply with the approval of the Township Fire Department and the inspection of the Zoning Officer.

(h) Such businesses, subject to the above requirements may include, but are not limited to professional offices, computer and internet oriented businesses, the operation of a photographic studio, the training or tutoring of up to two adults at any one time, nursery school, child-care or day care classes limited to no more than three children, custom dressmaking, millinery or tailoring, laundering, and home cooking.

(2) Other home-based businesses. Other types of home-based businesses, including businesses which require the employment of personnel who are not permanent full-time residents of the residential dwelling unit as required herein, or businesses which generate customer, client or patient traffic in excess of those normally associated with residential use as defined above which do not comply with any of the requirements set forth in § 350-27B(1) and Subsection B(1)(a) through (h) above are prohibited in the Township.

(3) Application for home-based businesses. All applicants for permits to undertake a permitted use no-impact home-based business shall submit the following information to the Zoning Officer:

(a) A complete description of the nature and operation of the business.

(b) The type of use, product or service produced or rendered.

(c) The names of the resident(s) who will operate the business (no more than three residents).

(d) The portion of the residential structure to be devoted for the use of the business (list rooms, attic space and basement area space).

(e) Any building or structural modifications or other physical changes to the interior or the exterior to make the building usable for a no-impact home-based business.

(f) A signed statement by the applicant indicating that the home-based business complies with all of the requirements set forth by the Township.

(g) An executed certification by the applicant on an application form supplied by the Township agreeing to the following:

[1] That the no-impact home-based business shall not detract from the residential character of the neighborhood; and

[2] That all of the facts submitted with the application are true and correct and that any incorrect information submitted or any change which is not permitted by this chapter shall be sufficient cause for the Township to require cessation of the business; and

[3] Certification and agreement by the applicant that the business will be discontinued if changes occur in the character and growth of the business so that it no longer complies with the requirements of this chapter.

C. Home gardening, nurseries and greenhouses. Home gardening and accessory structures used for nurseries or as greenhouses are permitted in residential areas provided that such activities shall not constitute a commercial operation except in compliance with the provisions for home occupations set forth above. Only limited outdoor storage of equipment and supplies may be permitted provided that such storage shall not create a nuisance or adverse influence on nearby adjoining residential properties, as determined by the Board.

D. Private outdoor swimming pools. A single private outdoor swimming pool and/or hot tub are permitted as accessory uses to a residential structure provided that such facilities are for the private use of the residents of the dwelling unit or for their guests as set forth below:

(1) Swimming pools.

(a) Such a pool may be located within the required rear or side yards for the district in which the pool is to be located except that no portion of the body of water in the pool shall be located closer to the property line than 10 feet or six feet if located on a nonconforming lot, and no portion of any walks or accessory pool appurtenances surrounding the body of water shall be closer than six feet to any property line.

(b) All pools shall be surrounded and enclosed by a four-foot-high fence or wall structurally suitable to deter direct access to the body of water in the pool. Such a fence or wall shall not have openings, holes or gaps therein larger than four inches in width or, if larger than four inches in width, no larger than four inches in length, except for doors or gates; provided, however, that if a picket fence is erected or maintained the horizontal dimension between pickets shall not exceed four inches; provided, further, that a dwelling house or accessory building may be used as a part of such a fence or wall and; provided, further, that existing hedges which effectively screen and deter access to the pool may be used as such enclosure or a part or parts thereof with the written approval of the Zoning Officer. The Zoning Officer may approve such existing hedges, which substantially comply with the above requirements.

(c) All gates or doors opening through such an enclosure shall be equipped with a self-closing and self-latching device designed to keep, and capable of keeping, such door or gate securely closed at all times when not in actual use; provided, however, that the door of any dwelling occupied by human beings and forming any part of the enclosure hereinabove required need not be so equipped.

(d) Fences shall be constructed of weather-resistive materials and shall be assembled or fabricated with sufficient rigidity to prevent any substantial alteration or deformation of the lawful openings, holes or gaps.

(e) The sides of a pool constructed above the ground level shall be considered to meet the requirements for a fence preventing direct access to the pool provided that such sides of the pool are at least four feet high and; provided, further, that any stairs, steps or ladders used to reach the water surface of the pool shall be removable or capable of being folded up or secured in a way which will prevent their use when the pool is not in operation by the residents of the property or their guests.

(f) Any pool whose body of water is closer than 10 feet to a property line shall be shielded by a six-foot-high privacy fence, hedge or other suitable visual obstruction where required to insure privacy for the adjoining property as determined by the Zoning Officer. Such a privacy fence may also serve as the fence required to deter direct access to the body of water as required herein if it conforms with the other requirements of this section.

(g) All swimming pools and hot tubs shall also comply with the requirements of the standards of the Uniform Construction Codes, including International Building Code Section 3109.

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

(2) Hot tubs.

(a) A single noncommercial hot tub may be constructed as an accessory use to serve a residential structure. The water surface area of such a tub shall not exceed 36 square feet or seven feet in length. All hot tubs shall be provided with a permanent secure locked cover which shall be kept locked when not in use.

(b) Adequate buffering or privacy fences shall be provided to preserve privacy and to prevent visual or noise nuisances or the glare of related lighting for adjoining properties in accordance with the fencing and screening requirements of §§ 350-27E and 350-33A, the outdoor lighting requirements of § 350-33I.

(c) All plumbing associated with hot tubs shall meet Township code standards and shall consist of a permanent all-weather system maintained in good repair.

E. Fences, walls and planting materials.

(1) General requirements.

(a) Any person, corporation, firm or association intending to erect a fence shall, before work is commenced, make application to the Zoning Officer as required below and by this chapter and no work on such a fence shall be commenced before receipt of a permit from the Zoning Officer.

(b) Fences may be either a natural living fence or a fabricated materials fence as defined in Article II.

(c) Well-maintained and safe trees, shrubs or hedges and yard or court, provided that they do not encroach on adjoining properties or uses, or provide an obstruction to vision as defined in Article II.

(2) Location of fences.

(a) Fences may be located up to the property line in front, rear or side yards and shall not encroach on any public right-of-way.

(b) All fences shall be located completely on the owner's property and shall not overlap property lines. Fence designs and locations must permit the fence to be maintained completely from the owner's side of the property.

(3) Height of fences. The height of all fences shall be as set forth in the Table below.

(4) Obstruction to vision. No fence shall create an obstruction to vision as defined in Article II.

Height of Fences
	Maximum Height (feet)(a)
	Located on Parcels Used Predominantly For:
Type of Fence and Location	Residential or Open Space Use	Nonresidential or Resort Use
Fabricated materials fence
Located in:
Front yard	4	6
Side yard	6	6
Rear yard	6	6
Natural living fence
Located in:
Front yard	4	6
Side yard	6	6
Rear yard	6	6

Footnotes:
(a)	Special situations requiring security, complete prevention of access or the provision of buffers to protect adjoining uses as required by § 350-33A, may have a higher fence if approved by the Zoning Hearing Board. The Board shall determine that such additional height is necessary to meet these objectives and also to protect the public safety and general welfare, and shall not adversely affect adjoining properties. In such cases, the Board may require that the fence be setback from the property line to preventing adverse effect on adjoining properties.
If approved by the Zoning Hearing Board, fences which are six feet high or over may also be topped with special restrictive devices where necessary to prevent access and provide security, provided that the Zoning Board shall deem such devices to be safe and substantially free from accident exposure.

(5) Removal of unsafe or nuisance fences. Any fence which obstructs vision as defined herein or which impedes vehicular or pedestrian traffic or which causes a fire hazard, restricts safe access, unduly restricts light or air and/or affects public or traffic safety, or which creates a nuisance as defined under § 350-28E(1) shall be removed. The Zoning Officer shall have the authority to direct the removal of such unsafe or nuisance fences or to direct the trimming or modification of any natural living fence or of any other vegetation so as to eliminate the unsafe or nuisance conditions.

(6) Swimming pool fences. Private outdoor swimming pools shall be protected with a fence as set forth in § 350-27D above.

(7) Fence materials and construction.

(a) All fences shall be designed and constructed to serve as permanent fences which are solidly constructed and which are capable of resisting the effects of weather and which are permanently affixed in place, except as provided below.

(b) The following fences or fencing materials are specifically prohibited:

[1] Razor wire fences.

[2] Barbed wire fences except in areas used for agricultural purposes.

[3] Picket or pointed fences which are less than 36 inches in height.

[4] Canvas fences.

[5] Electrically charged fences, except where required to control animals.

[6] Snow drift fencing.

[7] Temporary fences such as snow fences and expandable fences and collapsible fences, except when needed to meet emergency conditions or during construction of a building.

(c) All chain-link fences erected shall be erected with the closed loop at the top of the fence.

(d) All entrances or gates shall open into the property.

(e) All fences or walls must be erected so as not to encroach upon a public right-of-way or easement.

(f) If the fence is wood cover on wood frame, the framework must face onto the interior of the lot, unless the fence is so designed as to provide equal frame and cover area to adjoining yards.

(g) If the fence is open metal mesh, supported by posts and frames of either pipe or wood, the posts and frames must be on the interior of the mesh.

(h) If the fence is of masonry construction, a finished surface must be provided on the exterior side.

F. Outside parking of vehicles. Only vehicles that are currently licensed, currently registered, currently inspected and currently insured shall be parked outside on any lot.

[Added 4-27-2009 by Ord. No. 2009-07]

G. Fuel tanks. Tanks or storage containers of any kind in excess of 50 gallons used for fuel or other flammable, combustible or hazardous liquids, gases or solids shall be secured to the ground to prevent movement by wind, water or other elements and shall meet the requirements of the National Electric Code.

[Added 4-27-2009 by Ord. No. 2009-07]

§ 350-28 Nonconforming uses and structures.

Any legal nonconforming use or structure may be continued, repaired, maintained and improved except as provided below. An application for such changes shall be submitted to the Zoning Officer.

A. Enlargement. Such nonconforming use or structure may not be enlarged more than 40% of the existing floor or ground area except for existing junkyards which may not be enlarged. Such enlargement shall not exceed the maximum height or maximum building coverage requirements set forth in Schedule II[1] for the district in which such nonconforming use is located and shall be accompanied with the required off-street parking spaces to serve the expansion as set forth in § 350-29.

[1] Editor's Note: Said schedule is included as an attachment to this chapter.

B. Restoration. If no more than 75% (measured by its total floor area or use on a lot) of an existing nonconforming use or structure is damaged or destroyed, then a permit for its restoration may be obtained if such application is filed within 180 days of the initial damage or destruction, and restoration is completed within 24 months of the issuance of the permit.

C. Discontinuance. No such use or structure may be reestablished after it has been discontinued or vacated for a period of 24 months. Also, a nonconforming use or structure when razed or removed from premise shall not be relocated except in conformity with the regulations of the district to which it is moved.

D. Change of use.

(1) A nonconforming use or structure may be changed to another nonconforming use or structure only if such use is listed in the same use class subcategory in which the nonconforming use or structure is first listed, as set forth in § 350-14. A permit for such a change may be approved by the Zoning Officer provided that the Zoning Officer shall determine that the following conditions which are generated by the proposed use are not greater than those generated by the existing nonconforming use at any time for a period of two years prior to the proposed change:

(a) Number of employees.

(b) Amount of employee and visitor parking required.

(c) Number of commercial vehicles serving the proposed use and number of such vehicles to be parked at the premises or vicinity of the use.

(d) Traffic volumes and congestion to be generated.

(e) Adverse environmental effects generated by the proposed use.

(2) A proposed change to a nonconforming use which is not and the Supervisors as required in this chapter. In such cases, the Supervisors may approve such change only if it determines that the change is equal or more appropriate to the character of the district and neighborhood in which it is located. Such a determination shall be based on a consideration of the same factors listed above for consideration by the Zoning Officer.

E. Termination. Certain types of nonconforming uses or structures which present a special nuisance or hazardous condition shall be terminated as follows:

(1) General nuisances. Upon a complaint registered by the Zoning Officer from 50% of the property owners within 500 feet of a nonconforming use which is considered to be a general nuisance or which is not in compliance with the performance, environmental and traffic impact requirements of § 350-19A, or is operated in a manner which adversely affects adjoining or nearby properties or disrupts the peace and tranquility of the area during early morning or night time hours, or is otherwise considered to be a hazard to the health, safety, welfare and morals of persons residing or working in or using the area, the Supervisors shall hold a hearing and make a finding with respect to the nuisance, hazardous condition or adverse performance, environmental or traffic impact which exists and shall determine the necessity of terminating such nonconforming use. Such uses shall be terminated within such reasonable time as shall be determined by the Supervisors after consideration of the seriousness of the condition and time required for the reasonable amortization of the capital investment in such uses or as may be provided for by the laws of the Commonwealth of Pennsylvania.

F. Off-street parking. Sufficient off-street parking spaces shall be provided, as set forth in § 350-29, to serve any proposed expansion permitted by § 350-28A.

§ 350-29 Off-street parking and loading.

A. Off-street parking.

(1) In all districts, off-street parking spaces shall be provided as set forth in Schedule VI[1] whenever any building is erected, enlarged or converted.

[1] Editor's Note: Schedule VI follows Subsection B(7) below.

(2) Said Schedule VI shall apply only to any new construction, new uses or to the enlarged section of any addition which may be approved by the Township after the effective date of this chapter, subject to the provisions of § 350-29B(6) below.

B. Parking design requirements. Dimensional and other requirements for the design and use of off-street parking facilities are set forth below:

(1) Size of individual parking spaces: 9.5 feet wide by 19 feet long, except for parking spaces for ADA accessible handicapped persons (see 42 U.S.C. § 12101 et seq.).

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

(2) Off-street parking. Dimensional requirements for parking bays and parking lots using different parking angles; 90° parking provides the maximum number of spaces per square foot.

Parking Angle (degree)	Aisle Width (feet)	Directional Traffic Flow Access
90	24	Two-way
60	18	One-way
45	13	One-way
30	12	One-way

(3) At least one of every 10 parking stalls provided should be designated for use by handicapped persons.

(4) Parking spaces shall have adequate and well-designed ingress and egress and shall be located on the same lot as the use to which they are accessory or within a radius of 400 feet in the same district or in an adjoining district when approved by the Board.

(5) No-impact home-based businesses require one additional parking space for a total of three per residential parking areas compared to a conventional residential units without a home-based business.

(6) Notwithstanding the requirements of Schedule VI herein, all proposed commercial and industrial development proposals shall include an estimate of the maximum number of employees, visitors and customers or other personnel expected to be generated at the proposed development at any one time during the peak working hour of the day. This estimate shall be compared to the number of parking spaces required by Schedule VI. The Zoning Officer may require the higher estimated number to be used as a basis for determining the number of parking spaces required. If the estimated number is less than the number of spaces required by Schedule VI, the applicant may request that a lessor number of spaces be developed subject to the requirements of § 350-29D(4) below.

(7) Special requirements for ADA Accessible Handicapped Parking Requirements are presented on pages 140b and 140c following Schedule VI.[2]

Schedule VI
Regulations for Off-Street Parking Spaces(a)
Type of Use(b)	No. of Parking Spaces Required(d)(e)
Recreation and open space uses
Agriculture, forestry	1 per employee
Outdoor recreation	1 per 2 potential peak day users or 1 for every 3 persons of total capacity, whichever is greater.
Indoor recreation	1 for every 3 persons of total capacity or 1 for every 200 square feet, whichever is greater.
Residential
Conventional residential dwelling units	2 per dwelling unit.
No-impact home-based business	3 per dwelling unit
Residential care facility for the elderly	1 per dwelling unit, plus 1 for 2 employees
Residential retirement complex	2 per dwelling unit.
New dwelling units created by approved conversions	1 per 1 dwelling unit.
Resort development	Cumulative totals of more specific lodging, recreation, eating and drinking facilities and other uses.
Lodging
Motels, hotels and inns	4 for every 3 sleeping rooms.
Bed-and-breakfast homestead	1 rental bedroom, plus 2 for the residents
Rooming houses and dormitories	1 for every bed
Campgrounds	2 for every campsite, cabin or recreational vehicle
Camps to serve children (under age 16)	1 for every 2 beds
Camps to serve young adults and older	1.5 for maximum occupancy permitted
Eating and drinking establishments
Restaurants and dining facilities	1 for every 3 seats or 3 per 100 gross square feet, whichever is greater(c)
Nightclubs, taverns, bars, cocktail rooms	1 for every 2 seats
Membership for private clubs, social halls and lodges	1 for every 200 gross square feet
Commercial
Shopping centers	5 for every 1,000 square feet of net retail sales area
Retail, services, and commercial entertainment	1 for every 200 gross square feet
Banks and financial institutions	1 for every 200 gross square feet plus 1 for each 100 gross square feet used to serve customers
Offices and office buildings	1 for every 200 gross square feet
Gasoline service stations	1 for each 150 gross square feet
Auto rentals or sales	1 for each 100 gross square feet
Funeral homes	1 for each 4 chapel seats plus 1 for 2 employees, plus 1 for every square feet of aggregate floor area in viewing rooms or parlors
Bowling alleys	5 for each alley
Medical and related facilities
Hospitals	1 for every 1.5 beds
Nursing homes and group homes	1 for every 3 beds
Medical, dental and veterinarian	3 for every doctor, dentist or professional offices and clinics person, plus 1 for every other 2 employees
Educational facilities
Commercial and other schools	1 for every 5 classroom seats
Places of assembly
Churches, theaters, auditoriums and other places of assembly including spectator recreation and cultural facilities	1 for every 50 gross square feet or 1 for every 3 seats or persons to be accommodated, whichever is greater(c)
Manufacturing and wholesale or warehouse establishments	1 for each 3 employees plus 1 for each 1,000 gross square feet, but not less than 25% of the total floor area

Footnotes:
(a)	This table applies only to new construction or to new uses and to the enlarged section of any addition in all zoning districts. For multipurpose facilities, use the cumulative total of all uses included.
(b)	For any use not specifically listed, the Zoning Officer shall apply the requirements of that listed use which he determines to be most similar, or shall analyze the maximum number of potential users which the use is capable of attracting at least 20 times per year.
(c)	Where benches are provided in lieu of seats then each twenty-inch width of bench shall be equivalent to one seat.
(d)	In addition to the above schedule, the number of parking spaces required above may be subject to change based on the requirements of § 350-29D(6) above and C below.
(e)	Special requirements for ADA Accessible Parking are set forth on pages 140b and 140c following this page 167.[3]

[2] Editor's Note: So in original.

[3] Editor's Note: So in original.

C. Off-street loading.

(1) Every commercial, industrial, resort or other building which requires the receipt or distribution by vehicles or materials or merchandise shall provide one off-street loading space for each 10,000 square feet of gross building ground floor area or part thereof and each such space shall be at least 400 square feet in area.

(2) Said loading spaces shall apply only to any new[4]

[4] Editor's Note: So in original.

D. Development of parking and loading spaces. All off-street parking and loading areas shall conform with the following:

(1) Off-street parking and loading spaces may be developed on any required side, front, or rear yard, except that such spaces located in the residential districts shall have landscaping setbacks of at least five feet from any street right-of-way and from any side or rear yard lot line on which they abut. Such spaces shall be properly designed in relation to adjoining uses and/or buildings. Adequate barriers shall be provided to protect buildings and sidewalks, and screening shall be provided as required in § 350-33A.

(2) The design of all parking areas shall give special attention to the applicable site design guidelines set forth in § 350-32D and special attention to avoidance of the following problems:

(a) Shielding of lighting fixtures to prevent glare and control of light intensities on adjoining properties. (Also see § 350-33I.)

(b) Proper design to prevent vehicles from backing out into public streets and to promote safe traffic circulation.

(c) Proper grading and management of stormwater runoff.

(d) Screening and planting along perimeter of parking areas to protect adjoining properties and to enhance appearance of the area, including evergreen shade trees and shrubbery.

(e) Reservation of parking space(s) for use by handicapped persons.

(3) All required residential parking areas which are accessory to individual dwelling units shall be surfaced and properly graded with either a four-inch gravel surface or with a durable bituminous or concrete paving material and shall be approved by the Zoning Officer. All commercial, industrial and other types of required parking and loading spaces shall be surfaced with durable bituminous or concrete paving material and shall be properly graded and drained to dispose of all surface water.

(4) At the time of submission of any zoning application requiring off-street parking facilities, the zoning applicant may request and the Township, after receipt of a recommendation from the Planning Commission, may permit a reduction in the number of parking spaces to be paved if the applicant demonstrates that the full number of spaces as required herein will not be necessary to serve the proposed use for a period of five years. Such a reduction in the number of paved parking spaces required shall not relieve the applicant from the submission of an overall plan for the parking lot which designates the total number of parking spaces as required by Schedule VI. Said plan shall indicate those spaces which are to be paved for immediate use and the remaining unpaved spaces which are reserved for potential use as required by this chapter.

(5) Spaces shall be arranged and marked for the orderly and safe movement, loading, parking and storage of vehicles and shall be adequately illuminated if designed for use by more than three cars after dusk. All illuminated parking areas shall be designed to shield and prevent glare on adjoining properties in accordance with § 350-33I.

(6) Exit and entrance driveways or access points shall be approved by the Supervisors and shall be at least 20 feet wide for two-way driveways and 16 feet wide for one-way driveways and shall not exceed 40 feet in width and wherever practical shall not occupy the full length of the streets, alleys, or other right-of-way from which they derive their access, but shall be limited to well-defined points, and shall be so designed to provide maximum safety for other adjoining or nearby uses. This subsection applies only to nonresidential uses.

E. Off-street parking in residential areas. On any lot used for residential purposes in the R-1 and VCR-1 Residential Districts only one commercial vehicle may be parked on the residential lot, except for commercial use structures permitted in the VCR-1 Zoning District.

§ 350-30 Signs.

A. Scope and applicability.

(1) Signs may be erected, altered, maintained, used, removed or moved, only in compliance with the provisions of this section and with any other applicable Township regulations.

(2) A zoning permit shall be required prior to the erection or alteration of any such sign, except that changes in the copy of any sign or official governmental signs shall not require such a permit.

(3) Any existing signs which do not conform with the provisions of this section shall not be altered or enlarged unless approved as a special exception.

B. General sign regulations.

(1) No sign shall be erected which states that a property may be used for any purpose not permitted by this chapter.

(2) Signs referring to a use or product no longer in existence or available shall be removed within six months after cessation of the original use.

(3) No sign shall be located or used in a manner that interferes with traffic on a street by causing glare, an obstruction to vision as defined herein, by causing confusion with traffic control devices or through other means.

(4) Illuminated signs adjoining or visible from nearby residential areas shall be shielded to protect adverse effects or nuisances upon nearby dwellings.

(5) An awning, with or without graphics and visual displays shall not be considered to be a sign under this chapter, but shall be subject to the applicable accessory use requirements of §§ 350-25 and 350-27, except that all awnings which project over any public rights-of-way or private areas shall be subject to the requirements of § 350-30C.

(6) No part of any sign, except for an official governmental sign, shall be located within the official right-of-way of any street or alley, unless specifically permitted herein.

(7) Any vehicle to which a sign is attached in such a manner that the sign is no longer incidental to the vehicle's primary purpose shall be considered to be a freestanding sign subject to the sign provisions for the zoning district in which the vehicle is located.

(8) Every sign shall be constructed of durable materials and shall be kept in good condition and repair.

(9) Flashing and moving signs shall not be permitted in any zoning district.

C. Location, height and projection of signs.

(1) Location of signs. Unless otherwise provided for herein, all signs may be located in any required yard area, but not closer than five feet to any side yard property line or 10 feet to any road right-of-way and may be freestanding or attached to a building or other permanent feature on the site, excluding fences located closer than five feet to any side yard property lines.

(2) Height limitations. Signs shall not exceed the following height limitations:

(a) Signs accessory to uses located in the OSC, A-1, R-1 and VCR-1 Zoning Districts shall not exceed 10 feet in height.

(b) Signs accessory to uses located in the C-1, C-2, I-1 I-2, I-3 and VCR-1 Zoning Districts shall not exceed 35 feet in height.

(c) No sign may be attached to a building in a manner which allows it to exceed the roof height of the building.

(3) Projection of signs.

(a) No sign erected or replaced after the effective date of this chapter shall project more than one foot over a public sidewalk or street right-of-way, unless specifically approved by the Supervisors.

(b) Signs which project over private areas shall conform with other applicable Township requirements and shall be approved by the Supervisors, but in all cases be at least 10 feet above the level of any area used for pedestrian or vehicular traffic.

(c) Signs attached parallel to the building which project more than 12 inches from the face of the building shall be at least eight feet above the ground level.

(d) The owners of all signs and awnings which project over any public right-of-way shall provide insurance in an amount specified by the Township sufficient to hold the Township harmless in the event of any damage to life or property caused by such a sign in the public right-of-way.

D. Type of signs permitted in zoning districts. The size and type of signs permitted in the various zoning districts are set forth below:

(1) OSC, A-1, R-1 and VCR-1 Zoning Districts. The following signs are permitted in the OSC, A-1, R-1 and VCR-1 Zoning Districts:

(a) A simple name plate sign containing the name, address, professional or home occupation activity of the occupant of the premises is permitted. Such sign shall not be illuminated or be constructed of highly reflective materials and shall not exceed one square foot in area. Such signs shall be attached to the building to which they pertain.

(b) A single identification sign or bulletin board, not exceeding 12 square feet in area is permitted, in connection with any church, school, college, hospital, institution, park, playground, or other similar public or semipublic use. Such signs may be attached to the building to which they pertain and shall not be located within five feet of all lot lines if they are freestanding.

(c) A single identification sign attached to the building to which it pertains and not exceeding 10 square feet in area is permitted for any legally existing nonconforming use.

(d) Any business or identification sign applicable to an approved commercial use in the VCR-1 area or for an approved special exception or conditional use, not exceeding 20 square feet in area which is specifically approved by the Board or Supervisors, respectively.

(e) In the A-1 District signs required for the conduct of agricultural activities or related uses, including business identification signs for permitted home based or rural area businesses shall be permitted. Such signs shall not exceed 20 square feet and shall be limited to two signs per farm and one sign for each home based or rural area businesses.

(2) C-1, C-2, I-1, I-2, and I-3 Zoning Districts. The following signs are permitted in the C-1, C-2, I-1, I-2, and I-3 Zoning Districts:

(a) Business or identification signs are permitted which direct attention to a business, profession, product, service, activity, use or entertainment sold or offered on the premises where such a sign is located. The total area of such a sign or signs shall not exceed 5% of the surface of the building façade or of the wall area on which the sign is mounted or to which the sign pertains, except as provided for in § 350-30D(3) below.

(b) A single identification sign or bulletin board, not exceeding 24 square feet in area is permitted in connection with any church, school, college, hospital, institution, park, playground or other similar public or semipublic use.

(c) A single identification sign, not exceeding 24 square feet in area is permitted for any legally existing nonconforming use.

(d) Advertising signs or billboards which direct attention to a business, product, service, activity, use or entertainment not conducted, sold or offered upon the premises where such sign is located. Advertising signs shall not be closer to each other than 1,000 feet and shall not exceed an area of 300 square feet.

(3) Maximum size of signs in C-1, C-2, I-1, I-2 and I-3 Zoning Districts. The total square foot area of all signs located on any single parcel which are permitted under the provisions of § 350-30D(2) above shall not exceed one square foot for every one linear foot of lot width having frontage on a public street, provided that on corner lots only the longest dimension may be used and provided further that any single company or establishment may not exceed a total of 500 square feet.

(4) Sign plaza. A sign plaza may be created by a group of commercial and/or industrial establishments for the purpose of providing an attractive landscaped area where various signs may be grouped together for the benefit and convenience of the public and to provide an integrated directory of information about these establishments. The total square foot area of all signs for these establishments, including those to be located in the sign plaza shall not exceed the maximum combined size of signs for all participating businesses as established in Subsection D(3) above.

E. Design of signs. Wherever possible the applicant for any sign shall consider the following design principles for the purpose of establishing a coherent and attractive visual appearance for the area in which the sign is located:

(1) The height, size and general appearance of signs shall be consistent in appearance and shall be of uniform height and layout and harmonious with other adjoining signs located within 300 feet of the parcel.

(2) Signs shall be visible from the street to both pedestrians and vehicular passengers.

(3) Signs shall not be designed to block the visibility of other adjoining signs and wherever possible shall be attached flat or parallel to the building to which they pertain and shall not project out more than 12 inches from the face of the building.

(4) Freestanding signs shall be set back from the property lines and shall be consistent and harmonious with the size of the structure to which they pertain and shall not detract from the visibility or appearance of any adjoining structures.

(5) Advertising signs and billboards shall not dominate the view of the structures located within 500 feet of such signs.

F. Prohibited signs. The following signs are prohibited in all districts:

(1) Signs which in any way simulate official governmental signs that are not concerned with the protection of the public health and safety.

(2) Banners, spinners, flags, pennants or any moving object used for commercial advertising purposes whether containing a message or not may be permitted only for temporary time period not exceeding 60 days, except that they are completely prohibited in the R-1 and VCR-1 areas.

(3) Flashing, blinking, twinkling signs are prohibited, including signs that alternately display the time and temperature.

G. Temporary signs. Temporary signs not exceeding six square feet for the sale or rental of individual properties and not exceeding 24 square feet for identifying residential developments, developers, contractors and/or realtors are permitted in all districts while property is under construction or offered for sale or rental. Such signs shall be removed within 10 days of the date of the final sale or rental of the property.

H. Political signs.

(1) A sign designed, intended or designated to influence the actions of voters for either the passage or defeat of a law, statute, ordinance, amendment, rule, regulations or other measures, or of a candidate for nomination or election to public office in a national, state or local election.

(2) Any person intending to erect one or more political sign(s) shall first apply for and receive a permit from the Township Secretary at the Municipal Building. The applicant for such a permit shall include the following information:

(a) Name of person requesting a permit.

(b) Copy of the sign or signs to be erected.

(c) Agreement of the applicant to comply with all of the following requirements:

[1] The sign may be permitted in any Zoning District,

[a] Sign shall be securely attached to a private owners individual property to prevent accidental removal, displacement or deterioration of the sign by wind, rain or snow.

[b] Not erected earlier than 30 days prior to a scheduled primary or general election or vote of a legislative or governing body.

[c] Not attached to any structure other than an owner's individual property, except that such sign may be displayed in a window. Permission from the property owner must be received before sign is attached.

[d] Not maintained for more than 10 days following the primary or general election or the vote of a legislative or governing body. Sign must be removed within 10 days.

[e] Not attached to a utility pole, fence, tree or other vegetation, except upon an owner's individual property.

[f] Not located in or upon a public right-of-way.

[g] Not erected in such a manner that it will, or reasonably may interfere with, obstruct, confuse, or mislead vehicular traffic.

§ 350-31 Temporary uses.

A. Special events or activities.

(1) Any applicant may submit a zoning application for the purposes of requesting permission to undertake or conduct a special event, activity or use (hereinafter referred to as a "temporary use") that shall be temporary in nature. Such a temporary use shall exist for a period of time not to exceed one year. Said application shall be submitted in accordance with the special exception use procedure established in § 350-16, and the temporary use shall be clearly related to the requirements for permitted uses set forth in this chapter.

(2) Said application shall clearly set forth the following:

(a) The exact purpose, nature and location of the proposed temporary use, including all private and public lands and right-of-way involved.

(b) The relationship of the temporary use to other uses permitted in the zoning district.

(c) The number of employees, spectators, participants or other persons or agencies, equipment or other paraphernalia to be involved or used in such temporary use.

(d) Evidence that the Township will be held harmless from any unforeseen adverse consequences resulting from such temporary use and evidence of the availability of sufficient insurance coverage.

(e) An evaluation of the traffic impact of said use based on the criteria and requirements of Schedule IV, Trip Generation Rates, included as an attachment to this chapter, and § 350-19B may be required.

(f) The length of time for which a temporary use permit is requested.

(g) Any special requirements, hardships or conditions to be imposed on the Township or its residents or to other uses which may be affected by the temporary use.

(3) The Zoning Hearing Board shall review the proposed application as a special exception use and shall reach a decision after receipt of a recommendation from the Planning Commission as required by this chapter.

(4) The Zoning Hearing Board may reject the application or may determine that the temporary use is needed to support an existing or permitted use or to serve the needs of the majority of the Township or neighborhood residents affected by such use. Any approval of such a temporary use shall be subject to the applicable safeguards and procedures established in §§ 350-19 and 350-19B.

B. Garage and yard sales. Only two garage and yard sales per residential property are permitted per year in accordance with the permit requirements of UMBT ordinance.

C. Excavations and fill material.

(1) Operations subject to state regulation.

(a) All quarry or other noncoal mining operations are considered temporary uses under this chapter as required by § 350-31A above. Such uses which are subject to state or federal laws and to regulations of the PADEP shall require necessary permit(s) from the appropriate state or federal agency. Particular reference is made to the Commonwealth of Pennsylvania "Noncoal Surface Mining Conservation and Reclamation Act No. 1984-219," as it may be amended,[1] and to other requirements relating to the preservation and protection of the environment and to preservation of water quality in the Commonwealth as administered by the Pennsylvania Department of Environmental Protection (PADEP).

[1] Editor's Note: See 52 P.S. § 3301 et seq.

(b) All excavations or placement of fill in wetland areas shall be subject to the requirements of the Pennsylvania DEP and the Army Corps of Engineers.

(c) Such operations may take place in the Township only in those areas where permitted by this chapter.

(d) All applicants for such operations shall submit a copy of any request for a state or federal permit to the Zoning Officer, together with any plans required by these agencies for the reclamation of such areas upon completion of the temporary use. The Zoning Officer shall also require a zoning permit application form to be submitted plus any other information required to properly evaluate the application. Approval of any zoning permit for an operation permitted in the Township shall be conditioned upon the receipt by the operator of any permit required from the state.

(e) The Township may present information to or request a public hearing of PADEP to be held on such applications for a permit which are submitted to the state.

(2) Other excavations.

(a) Any other excavations, regrading of the natural terrain where ground levels are affected by more than one foot, the removal of topsoil or other earth products, the placement of fill, or the alteration of drainage patterns may be permitted by the Zoning Hearing Board only as a temporary use as required in § 350-31A above. Such excavations must be adequately drained to prevent the formation of pools of water. The Zoning Hearing Board may require that such an excavation be enclosed by a fence if it is deemed to be a menace to the public health, safety and welfare.

(b) Unless specifically permitted by the Zoning Hearing Board, open excavations shall not be maintained, except those excavations made for the erection of a building or structure for which a permit has been issued.

(c) The dumping of earth, gravel, rock or other materials not subject to decay, noxious or offensive odors may be permitted in any zone or any vacant land provided that the existing grade shall not be raised, more than one foot above the grade of the nearest road, that hazardous or nuisance conditions are not created, and that an unsightly appearance or unstable slopes are not created. Industrial or other operations requiring the dumping of such materials above the grade of the nearest road may be permitted by the Zoning Hearing Board as a special exception use subject to the receipt of any required permit from a county, state or federal agency. In such a case, the Zoning Hearing Board shall determine that such dumping is not a menace to the public health, safety or welfare or a nuisance to nearby residential areas, or to other uses.

(d) Plans for operations affecting drainage patterns shall be submitted by the applicant and studied by the Township's Engineer and appropriate recommendations or conditions developed for consideration by the Zoning Hearing Board. Necessary reviews from other affected agencies such as the Northampton County Conservation District shall also be secured prior to the issuance of any permit.

§ 350-32 Site plan review.

A. Purpose and procedure. site plan review and the submission of a site plan is required herein for all special exception and conditional uses, or for any other use requiring such review in accordance with the requirements of Article IV or other provisions of this chapter. The following site plan procedure shall be followed to ensure the safe and efficient movement of traffic, adequate drainage and connection to utilities, compliance with other applicable regulations and to promote the development of an attractive and well planned Township, to enhance sound site planning and to best serve the interests of public health, safety and general welfare and with the objectives of this chapter.

B. Optional sketch site plan review procedure.

(1) In lieu of submittal of all of the site plan requirements itemized below, the applicant may elect to submit a preliminary sketch site plan, containing lesser information, for unofficial review by the Planning Commission. Such optional sketch site plan shall be for the purpose of indicating to the Planning Commission the general nature and intent of the proposal which will enable the Commission to present its initial considerations for the purpose of guiding the developer in the preparation of the official final site plan, in accordance with this chapter. The optional sketch site plan, if submitted, shall not eliminate the submittal of a final official site plan as required herein.

(2) The entire purpose of this optional procedure is to facilitate the proper development of a site plan, as required herein and to prevent unnecessary expenses associated with the development of a site plan. This optional procedure shall be considered to be a convenience for the applicant and shall not constitute an official zoning permit application or submission and shall not convey any benefits or assurances to the applicant which he would not otherwise have had if such an optional sketch site plan were not submitted by the applicant. All such optional plans shall be clearly marked with the words "optional sketch site plan."

C. Site plan requirements. The official site plan shall include the following information:

(1) An application for a use located in a use class requiring site plan review, as required by this chapter, shall be submitted to the Zoning Officer. The applicant shall also submit five complete sets of site plans certified by a registered engineer, surveyor, architect or Community Planner with AICP Certification.

(2) When a site plan has been officially submitted, it shall be placed on the Planning Commission agenda for review at its next regular meeting, provided the official submission is made 30 days or more before the regular meeting.

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

(3) Within 45 days after the official submission of a site plan, the Planning Commission shall make a written recommendation to the Zoning Officer, the Zoning Hearing Board or the Supervisors, depending on whether the zoning permit requested is for a permitted use, a special exception use or a conditional use respectively, on whether the plan should be approved or disapproved, including any conditions on which an approval should be based. The written recommendation shall include the underlying findings and reasons affecting the Planning Commission's recommendation. In making such a recommendation, the Planning Commission may receive advice and review comments from the Township's Engineer or any other competent review authority designated by the Township.

(4) The appropriate body (Zoning Officer, Zoning Hearing Board or the Supervisors) shall take action by approving or disapproving the plan either within 45 days after receiving the Planning Commission's written recommendation, but no later than 90 days after the site plan is officially submitted. The Zoning Officer shall inform the applicant in writing of the action taken by the appropriate body, including the conditions on which are attached to any approval and shall issue any applicable permit.

(5) Site plan approval shall neither relieve the applicant from any other provisions of this chapter nor constitute a recommendation for a variance or other relief that the applicant may seek from the Zoning Hearing Board.

(6) The following information shall be included on the site plan. Any such information which is not considered applicable to the proposed use may be waived by the Zoning Hearing Board or the Zoning Officer.

(a) A statement as to the proposed use of the building or land.

(b) A site layout drawn to a scale of not less than one inch equals 100 feet showing the location, dimensions and area of each lot, the location, dimensions and height of proposed buildings, structures, streets, roads, and any existing buildings in relation to property and street lines. If the application relates to property which is scheduled to be developed in successive stages, such plans shall show the relationship of the portion scheduled for initial development to the proposed layout of the entire property.

(c) The location, dimensions and arrangements of all open spaces and yards, landscaping, fences and buffer yards, including methods and materials to be employed for screening.

(d) The location, size, arrangement and capacity of all.

(e) The dimensions, location and methods of illumination for signs and exterior lighting.

(f) The location and dimensions of sidewalks and all other areas to be devoted to pedestrian use.

(g) Sanitary and stormwater facilities and connections. Provisions to be made for treatment and disposal of sewage and industrial wastes, water supply and storm drainage. Submission of a stormwater management plan with supporting calculations shall be required.

(h) The capacity and arrangement of all buildings used or intended to be used for dwelling purposes, including information on total land area, area to be reserved in common open space, density, maximum building coverage, total area to be covered with impervious surfaces and other information which will assist the Commission in determining compliance with this chapter.

(i) A description of any proposed use in sufficient detail to permit the Commission to determine compliance with the performance, traffic impact, environmental protection and community impact analysis requirements set forth in § 350-19.

(j) Necessary information assuring lot size and density requirements.

(k) Site topographic contours shall be provided as follows:

[1] Two-foot intervals on tracts with grades of up to 5%.

[2] Five-foot intervals on tracts with grades exceeding 5%.

(l) All proposed site grading; drainage provisions; road, driveway and parking lot construction and proposals.

(m) A key map showing the entire project and its relation to surrounding properties and existing building thereon.

(n) Soils, slopes, floodplain delineations and the boundaries of all Overlay District Areas set forth in Article V.

(o) Certification by engineer or surveyor.

(p) Certification of ownership and acknowledgment of plan by owner or developer.

D. Site design guidelines. In addition to the requirements of § 350-32C, the following guidelines are presented to assist the applicant in the preparation of site and building plans and to assist the Planning Commission in the review of all site plans. These guidelines are divided into nine categories and are meant to encourage creativity, innovation and well-designed developments. They not only apply to principal buildings and structures, but also to all accessory buildings, structures, freestanding signs and other site features.

(1) Preservation of landscape. Preserve the landscape in its natural state by minimizing tree and soil removal. Ensure that grade changes are compatible with the general appearance of neighboring developed areas.

(2) Relation of proposed buildings to environment. Relate proposed structure(s) harmoniously to the terrain and to existing buildings that have a visual relationship to the proposed structure(s). To achieve this favorable relationship between existing and proposed uses, create focal points with respect to avenues of approach, terrain features or other buildings and relate open space between all existing and proposed buildings.

(3) Drives, parking and circulation. For vehicular and pedestrian circulation, including walkways, interior drives and parking, give special attention to the location and number of access points to public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, arrangement of safe and convenient parking areas. Design these vehicular and pedestrian areas to enhance the appearance of and access to the proposed buildings and structures and to the neighboring properties.

(4) Surface water drainage. Give special attention to proper site surface drainage to ensure that removal of surface waters will not adversely affect either neighboring properties or the public storm drainage system. Remove and efficiently carry away all stormwater from all roofs, canopies and paved areas. Manage surface water in all paved areas to permit vehicular and pedestrian movement.

(5) Utility service. Place electric and telephone lines underground, where possible or required by Chapter 298, Subdivision and Land Development, of the Code of the Township of Upper Mount Bethel. Locate, paint and under take any other treatment to ensure that any utilities which remain above ground will have a minimal adverse impact on neighboring properties.

(6) Advertising features. Ensure that the size, location, lighting and materials of all permanent signs and outdoor advertising structures or features will enhance rather than detract from the design of proposed buildings and structures and the neighboring properties.

(7) Special features. Provide needed setbacks, screen plantings and other screening methods for exposed storage areas, exposed machinery installations, service areas, truck loading areas, utility buildings and structures and similar accessory areas and structures to help make them compatible with the existing or contemplated site design and with neighboring properties.

(8) Performance, traffic impact and environmental protection requirements. Adequately address all applicable requirements identified in § 350-19.

(9) Subdivision and Land Development requirements. Where the zoning proposal requires approval under Chapter 298, Subdivision and Land Development, of the Code of the Township of Upper Mount Bethel, the site plan shall also address the major requirements of that chapter.

§ 350-33 Miscellaneous provisions.

A. Screening requirements. Adequate screening, as described herein, shall be provided along the front, side, and rear boundaries of any industrial, manufacturing, commercial, public or resort use which is carried on outside of any completely enclosed building, or for any off-street parking or loading area for more than five vehicles, which abuts a residential area or zoning district or which is directly visible or across a street or alley from a residential area, or along the boundaries of any other use where such screening is required by this chapter, or for any special exceptions or conditional use as required by the review of the Board or the Supervisors.

(1) Screening shall be provided in accordance with applicable requirements of Chapter 298, Subdivision and Land Development, of the Code of the Township of Upper Mount Bethel (see Attachment E).[1]

[1] Editor's Note: Said attachment is on file in the Township offices.

(2) Open construction or storage yards, solid waste transfer stations and recycling centers, detention centers or similar uses as determined by the Board shall be screened in accordance with the provisions of this section.

(3) Screening shall also be provided to prevent infusion of light and glare into residential areas from outdoor lighting fixtures provided by commercial, industrial and other operations (see § 350-33I).

(4) The Zoning Hearing Board or the Supervisors (for special exception or conditional uses, respectively) may waive any screening requirement, in part or in its entirety, where natural terrain considerations eliminate the need for such a screen or where access considerations or adjoining development would not substantially benefit from such a screen, as determined by either body.

(5) Such screening shall conform with the applicable fence requirements of § 350-27E and consist of a visual screen or obstruction of sufficient height, but not less than six feet high, to effectively obscure the area being screened from adjoining uses. Such a screen or obstruction shall consist of a suitable permanent fence or wall or of appropriate planting materials such as shrubs, hedges or trees located within a buffer strip having a minimum width of five feet. Such fence, wall, or planting materials shall be maintained in good condition without any advertising thereon.

(6) Any space between such fence, wall or planting materials and adjoining lot lines shall be attractively surfaced and/or landscaped with grass, hardy shrubs or evergreen ground cover and maintained in good condition.

B. Slope of yards. The surface area of any yard of open space adjacent to a building or structure shall be graded so that surface water will be drained away from any such structure.

C. Design of highway (nonresidential) development. It is the objective of this chapter to encourage the orderly development of commercial, industrial, and other nonresidential parcels in a manner which will provide for proper access and reduce traffic conflicts and provide for the health and welfare of the population of the municipality. This shall be accomplished as follows:

(1) The design of streets, service drives and pedestrian ways shall provide for safe, convenient and hazard-free internal circulation of goods, persons and vehicles.

(2) Except as provided in § 350-22C nonresidential parcels shall be limited to no more than one driveway access point from the street or highway from which they derive their principal access. Such driveway access points shall not be more than 40 feet wide and shall be designed in a manner which will minimize their interference with any traffic movements on the street or highway. The need for a second access point may be requested as a special exception, provided that it does not create potential unsafe traffic conflicts.

(3) Where a number of individual parcels or buildings are being developed jointly or where a parcel or building is being developed adjacent to another parcel used or suitable for nonresidential development consideration shall be given to the following:

(a) The location and planning of driveway access points to permit their joint use by adjoining parcels so as to minimize the number of intersections with the street or highway from which they derive their access.

(b) The development of parking and loading areas which permit convenient traffic circulation between adjoining parcels.

(c) The development of pedestrian walkways between adjoining parking areas and buildings.

(d) The provision of landscaping and other features which will enhance the usability, character and attractiveness of the area.

(4) U.S. Route 611, major arterial highway is also subject to the § 350-22, an overlay district for requirements of U.S. Route 611.

D. Animals and fowls.

(1) In any district except for the OSC and A-1 Zoning Districts the establishment, maintenance, and operation of boarding stables, dog kennels, boarding kennels, aviaries, or similar facilities for the housing, boarding, service, treatment, care, breeding or sale of animals and fowls is prohibited, except for animal hospitals, kennels and veterinarian offices as set forth in Article IV.

(2) The provisions of this section shall not apply to the keeping of pets, or other animals for noncommercial purposes which are otherwise permitted by this chapter and which are the personal property of persons residing on the premises, provided that such animals shall not create nuisance or health problems.

E. Size of dwellings.

(1) In order to promote the public health, safety and welfare of occupants residing in residential dwelling structures, the following minimum floor areas for human habitation shall be required in all dwelling units designed for permanent occupancy. Where a greater minimum floor area is required by any applicable code or ordinance that higher minimum shall apply.

No. of Bedrooms	Minimum Floor Area (square feet)
Efficiency unit	450
1 bedroom	575
2 bedrooms	700
3 or more bedrooms	800 + 100 for each additional bedroom exceeding 3

(2) No dwelling unit shall be less than 12 feet wide.

F. Access to public streets. No new lot shall be created which does not have direct access to a street as defined herein. Such access portion shall have a right-of-way width of at least 33 feet or as required by Chapter 298, Subdivision and Land Development, of the Code of the Township of Upper Mount Bethel, whichever is greater.

G. Prohibited uses. The following uses shall be prohibited in any zoning district.

(1) Prohibited uses.

(a) Obscene materials or activities. Any use involving activities which constitute violation of 18 Pa.C.S.A. § 5903, as amended, or as defined herein relating to display, sale, lending, distribution or exhibiting of obscene and other sexual materials are prohibited in every zoning district. The exhibition or dissemination of obscene materials or activities, as defined herein, which do not constitute a violation of 18 Pa.C.S.A. § 5903, as amended, shall only be permitted in a zoning district which clearly lists such a use, and all such uses shall be conditional uses as defined herein.

(b) Any use that involves the use, production, manufacture, or refinement of dangerous and hazardous materials, chemicals or other products.

(c) Any use not in compliance with air pollution standards of the Commonwealth of Pennsylvania and federal standards and regulations.

(d) Any use not in compliance with water pollution standards of the Commonwealth of Pennsylvania and federal standards and regulations.

(e) Sky rides, ferris wheels, roller coaster, shooting galleries and similar recreation center devices. This does not include such facilities associated with transient fairs, carnivals, circuses or other similar traveling amusements.

(f) Manufacture or storage of explosives or fireworks in violation of acts of the PA Legislature and federal standards and regulations.

(g) Dump or landfill.

(h) Artificial lighting facilities of any kind which create glare beyond the lot line.

(i) Any use involving the production, use, storage, or disposal of radioactive materials in any form, except those necessary for radiology and radiography.

(j) Electric power generation fueled by nuclear energy in any form.

(k) Equipment utilized to generate electric power.

(l) Electrical power generation operations fueled by:

[1] Landfill gas generated from public; or

[2] Private sanitary landfills or municipality refuse; or

[3] Trash from municipal sanitary waste to energy production.

(m) Storage of one (or more) boats (whether or not the boat is currently licensed, inspected and/or registered) in excess of 24 feet, camper/motor home or commercial vehicles of 35,000 gross vehicle weight, on any lot, tract, parcel or piece of ground.

[Added 4-27-2009 by Ord. No. 2009-07]

H. Cemeteries. Cemeteries may be permitted by the Zoning Hearing Board as a special exception use in the A-1 Zoning District, provided that such uses are licensed by the Commonwealth of Pennsylvania. No burial plot shall be permitted in areas which are located in the 100-year floodplain as set forth in Chapter 141, Floodplain Management, or in areas with a high seasonal water table where the cemetery may contaminate private wells or water supplies. All burial plots shall be located at least 50 feet from all property lines.

I. Outdoor lighting.

(1) Outdoor lighting shall be provided wherever necessary to preserve safety, security and nighttime use and enjoyment of property in commercial, industrial and other operations. Said lighting shall be designed by qualified competent personnel in conformance with applicable building and electrical codes and with federal and state standards.

(2) Such lighting facilities have the following objectives:

(a) Encourage lighting facilities and practices that direct appropriate amount of outdoor lighting where and when it is needed.

(b) To promote nighttime safety and to eliminate accidents for employees, customers, vehicles and on a property after dusk.

(c) To encourage the use of emerging energy efficient sources and to eliminate glare resulting from over lighting and poorly shielded or inappropriately directed lighting (luminaries).

(d) Lighting facilities designed to serve commercial, residential, recreational and other nonresidential land uses shall be designed to reduce glare and to prevent adverse spillage of light on to adjoining residential and institutional areas. This shall be accomplished by using the following applicable practices:

[1] Light pollution which creates adverse affects for adjoining uses and light trespass which causes light to fall where it is not wanted or needed, typically across property boundaries is prohibited.

[2] Lighting fixtures (luminaries) shall be kept as low as possible to prevent spillage of light on to adjoining residential or institutional or other land uses where such lighting is not required (not higher than 25 feet from and not closer than 30 feet from any the boundaries of residential or institutional areas).

[3] Commercial, industrial and other uses requiring nighttime (after dusk) lighting facilities shall not be located any closer than 30 feet to any adjoining residential or other institutional properties.

[4] All lighting fixtures shall be shielded to prevent glare being aimed up into the sky unless otherwise approved by the Zoning Hearing Board. Luminaries, including spotlights shall be aimed no higher than 45° above the ground, and shall not be directed to prevent spillage of light on to adjoining residential and institutional properties.

[5] Laser source light or similar high intensity light for outdoor advertising or entertainment when projected above the horizontal is prohibited.

[6] At the edge of any residential zone or property, bordering other uses which generate lighting, the highest lumen capacity level shall not exceed 1,000 lumens per net acre.

§ 350-34 Sewer and water facilities; Township policy.

A. Applicability. All principal habitable, work place or other structures and facilities occupied or used by human beings on a continuing permanent or temporary basis shall provide permanent water supply and sewage service facilities to serve the occupants and users of these facilities in accordance with the policies set forth below.

B. Types and location for water and sewer services.

(1) Types of water and sewer services.

(a) The following three types of facilities may be provided in accordance with the requirements set forth below:

[1] Public water and public sewer service.

[2] Private central water and private central sewer service, where permitted by this chapter.

[3] On-lot sewage disposal and on-lot water supply systems.

(b) All systems shall be provided to protect the general welfare, health and safety of the public and the users of these facilities.

(2) Sewer and water policies and requirements. Policy for sewer and water facilities shall conform with the following:

(a) Comprehensive Plan. The statement of Community Development Objectives, approved herein by the adoption of this chapter, which has been developed for inclusion in the Township's Comprehensive Plan. Said Objectives are hereby set forth in § 350-5 and Attachment A[1] of this chapter.

[1] Editor's Note: Said attachment is on file in the Township offices.

(b) Act 537[2] sewage facilities plan. The Township Act 537 Sewage Facilities Plan was last updated in September 1990. The Township will update that Plan to make it consistent with the Township's Comprehensive Plan Statement of Community Development Objectives.[3]

[2] Editor's Note: See 35 P.S. § 750.1 et seq.

[3] Editor's Note: See also Ch. 257, Sewers and Sewage Disposal.

(c) PADEP requirements. PADEP's requirements for the provision of both public and private central sewer and water facilities and for the installation of individual private on-lot sewage disposal systems and on-lot water systems shall apply in all cases and shall be considered to be the minimum standards to be used to provide the types of sewer and water services required by this chapter.

C. Interim policy for location of various types of water and sewer services.

(1) Areas served by adjoining municipalities.

(a) Various areas of the Township abut adjoining municipalities which have existing public water and sewer facilities as follows:

[1] Borough of Portland. Served with public water only.

[2] Borough of East Bangor. Served with public water and sewer.

(b) These municipalities may wish to extend their existing public sewer and water facilities to serve proposed developments in the Township. Such extensions are welcomed provided that they are proposed for uses set forth in this chapter.

(2) Growth area.

(a) Future growth area of the Township will coincide with any Act 537 Sewage Facility Plan adopted and approved by the Township Supervisors.

(b) Developers with proposals for development in such areas should confirm the status of the Township's Act 537 planning process prior to submitting plans for development of uses which are consistent with the use requirements of this chapter.

(c) In the interim, prior to completion of any final Township proposed sewer plans, developers may rely on the provision of on-lot sewage and on-lot water systems as required below or in some cases on the installation of private central sewer and on-lot water systems for a limited number of specific uses as set forth under Subsection C(3) below.

(d) In cases where final plans may be established, Chapter 298, Subdivision and Land Development, of the Township may also require that "capped sewers" be installed at proper locations to permit eventual connection to any proposed sewer system which is consistent with the Township Act 537 plan.

(3) Private central sewer systems.

(a) Private central freestanding sewer or water systems (sometimes referred to as "community systems") may be permitted by the Supervisors as a conditional use only for the following uses in any location in the Township, provided that the proposed use is in conformance with the uses permitted in the district in which it is to be located:

[1] Public or institutional uses of various types to be approved by the Supervisors which are to be carried out by the Township, school district or other public nonprofit agency, or utility company that provides an essential service to the Township.

[2] Uses which fall under this category may also include municipal buildings, public schools, recreation areas, permanent open space, facilities to serve handicapped persons and special facilities which primarily serve handicapped persons; and other similar uses as determined by the Supervisors.

(b) In those cases described above where such facilities may be approved by the Township, the applicant must provide firm and permanent arrangements for the upkeep and maintenance of these facilities prior to approval by the Supervisors.

(4) On-lot water and on-lot sewage disposal systems.

(a) All of the remaining areas of the Township, excluding those areas identified above, will require on-lot water and on-lot sewage disposal. These systems shall be properly designed and constructed in accordance with standards of the PADEP.

(b) Any such on-lot systems that serve two or more separate uses or separate buildings or separate lots will be considered to be a private central sewer system subject to the requirements of Subsection C(3) above.

§ 350-35 Camp and campground requirements.

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

CAMP or ORGANIZED CAMP

A combination of programs and facilities organized and established for the primary purpose of providing an outdoor group living experience for children, youth and adults, with social, recreational and educational objectives and operated and used for five or more consecutive days during one or more seasons of the year. Facilities may include bunkhouses, tent platforms, mess hall and cooking facilities, recreation and play fields and necessary sewage and water facilities. Camps or organized camps are not designed for permanent year-round occupancy.

CAMPGROUND

A campground is a plot of ground, at least 10 acres in size upon which two or more campsites are located, established and maintained for temporary occupancy by persons using travel trailers, recreational vehicles, campers, tents and related camping equipment. Campgrounds are not designed for permanent year-round occupancy.

CAMPING FACILITIES

Shall include recreational vehicles, tents (as defined below), and accessory equipment such as boats, canoes, kayaks and related vehicles, including off-trail vehicles and other camping implements.

CAMPSITE

A campsite is a plot of ground within a campground intended to be occupied by a travel trailer, recreational vehicle, camper or tent located in a designated site area in the campground.

RECREATIONAL VEHICLE

Includes automotive or other vehicles such as passenger vehicles or pickup truck or small truck, sports utility vehicles (SUV) or van, a camper, station wagon, or travel trailer on wheels, an all terrain vehicle (ATV), or other automotive device on wheels. All such vehicles shall not exceed a weight of 15,000 pounds or a length of 45 feet and where applicable, the vehicle shall be licensed and registered as required by the Commonwealth of PA.

TENT

A temporary enclosure suitable of being assembled and dismantled in a convenient manner for use as a place of temporary residence and storage for camping facilities by campers registered to assume occupancy at an approved campground and campsite in the Township. Said temporary enclosure may be constituted of fabric or other pliable material supported by a framework of poles, ropes and stakes driven into the ground or other similar devices, excluding support by air or by the contents of the enclosure which are protected by the fabric. The horizontal area covered by the fabric or other pliable materials shall not exceed 500 square feet.

B. Compliance with state requirements. Organized camp and campground areas shall be in compliance with the requirements of this chapter and with the following Commonwealth of PA regulations:

(1) PA Act No. 497, approved November 10, 1959,[1] dealing with registration, fees and terms as administered by the PA Department of Health.

[1] Editor's Note: See 35 P.S. § 3001 et seq.

(2) Title 25 rules and regulations by PA Department of Environmental Protection.

(a) Part I Department of Environmental Protection, Subpart D, Environmental Health and Safety, Article III Recreational Facilities.

[1] Chapter 191 Organized Camps and Campgrounds.

[2] Chapter 191 provisions adopted 9/18/71.

(b) Said Chapter 191 establishes rules and regulations for the following:

[1] Submission of plans to the PADEP.

[2] Waiver of requirement.

[3] Water supply.

[4] Plumbing.

[5] Sewage disposal.

[6] Bathing places.

[7] Vector control.

[8] Permits.

[9] Toilet facilities.

[10] Organized camps.

[11] Campgrounds.

[12] Sanitary station.

[13] Garbage and refuse.

[14] Disposal.

[15] Cleaning of area.

(c) All other applicable requirements and receipt of necessary permits from the PADEP and the PA Deparment of Health are required.

(d) The above two PA regulations are included in this chapter as Attachment D.[2]

[2] Editor's Note: Said attachment is on file in the Township offices.

C. Approval of Zoning Hearing Board.

(1) Zoning applications for campgrounds shall be submitted to the Upper Mount Bethel Township Zoning Officer for review by the Zoning Hearing Board as a special exception use as required herein.

(2) The application shall include submittal of the following:

(a) Submittal of a site plan in accordance with § 350-32, Site plan review, of this chapter. The applicant may elect to initiate the process with the submittal of an optional sketch site plan prior to submittal of the official site plan.

(b) Said site plan or optional sketch site plan shall be accompanied with a narrative statement clearly identifying and explaining the proposed uses on the site and any other factors necessary for a complete explanation of the plan, in accordance with § 350-32.

(c) Other information considered necessary by the applicant.

(3) The Zoning Hearing Board, prior to approval or denial of such uses as a special exception shall undertake the following:

(a) Review of the completed official site plan and narrative and the information submitted to PADEP and the PADOH and specifications for the use(s) proposed by the applicant.

(b) Determine conformance of plans with the PA Department of Health and PADEP requirements referred to above.

(c) Determine conformance with the following additional requirements of this chapter:

D. Location of campground areas.

(1) Campground areas may be located in the OSC and A-1 Zoning Districts, but no closer than 300 feet from any established village or existing or proposed residential subdivision exceeding 20 homes.

(2) Campground areas located in designated 100-year floodplain areas or the Floodway shall be subject to the FEMA floodplain requirements and to Chapter 141, Floodplain Management, of the Upper Mount Bethel Township Code.

(3) Campers/trailers or tents or other permanent structures shall not be permitted in the designated floodway.

(4) Campers/trailers located in the designated floodplain area must be road ready at all times for removal to higher ground with only the need to shutoff electric service, water and other utilities services to facilitate quick removal by the management of the campsite.

E. Occupancy of campsite units.

(1) Campgrounds and campsite units are seasonal recreational uses and permanent year-round occupancy of campground sites is prohibited.

(2) Only camping facilities, including recreational vehicles, tents and accessory equipment (as defined herein) shall be used for temporary occupancy during the on season.

(3) No recreational vehicles or tents shall be used as a permanent place of abode, dwelling or business. The campground is for temporary recreational use only as further set forth below. Any action toward removal of wheels of a recreational vehicle except for temporary purposes of repair is hereby prohibited.

(4) Recreational vehicles and tents used for camping or recreational purposes shall not be permanently fastened to the ground by construction or attachment to a permanent foundation or other permanent device. Such vehicles may temporarily be secured in place by ground stakes or other devices to prevent movement or displacement by temporary occurrences and emergencies such as high wind velocity, hurricane, earthquake, flooding or other events, but the vehicles must be capable of being easily released from these restraints.

(5) No attachment of permanent structures to recreational vehicles or tents to enlarge living space or for any other purpose is permitted, except for a deck not higher than six inches off the ground to serve as a base for a tent.

(6) Recreational vehicles and tents shall not be used as a permanent address for enrollment of children at public or private schools. Bus service to transport children or adults to schools or other destinations on a regular daily or weekly basis is prohibited.

(7) Buses are not permitted in campgrounds unless approved by the management of the campsite area for some special activity or event.

F. Length of season.

(1) Campgrounds are available to serve the recreation needs of a seasonal or transient population and the campground area may be operated as follows:

(a) Campgrounds may be open year round, but any individual campsite may be used for no more than eight months in any single year.

(b) In addition, individual campsites may be used for the storage of camping facilities for a period of not more than eight months in any single year.

(2) The management of the campground area may undertake repair, improvement and maintenance of campground sites when they are not occupied by campers.

G. Storage of camping facilities on designated campsites. Recreational vehicles and tents, as defined herein, including accessory equipment, such as boats, canoes, kayaks and related vehicles including off-trail vehicles are hereinafter referred to as "camping facilities." Such camping facilities may be stored in the campground under the following conditions:

(1) The camping facilities are registered with the management of the campground for occupancy at a designated campsite during the current on season of the year.

(2) Camping facilities may be stored in an area which is not located in the designated 100-year floodplain, a period of eight months in any single year. In addition, such storage in the 100-year floodplain is permissable if camping facilities being stored are maintained in a road ready manner which permits their immediate removal to another designated safe area outside of the floodplain. In the event of an emergency any such storage of facilities shall be immediately reported to the Township Supervisors and to the applicable Police and Fire Departments serving the Township.

(3) Vacant, stored camping facilities shall not be occupied or used while they are in storage and all utilities shall be disconnected.

H. Other storage of camping facilities.

(1) Storage of vacant unused camping facilities may be located in a separate designated temporary storage area of the campground apart from the main area where the occupied units are normally located. These facilities may be located on smaller sized plots with adequate vehicular access, but are not suitable for occupancy. The purpose of this area is as follows:

(a) To provide space for trailers/campers or tents awaiting location on a designated campsite during the on season period.

(b) To permit repair of units.

(c) To provide space for units which must be removed from the 100-year floodplain during the off season.

(d) For other emergency temporary storage purposes.

(2) The number of units which may be stored in the temporary storage area may not exceed the total number of designated campsites.

(3) Storage of camping facilities in this area or in any other area of the campground shall not be used as a sales yard or display area for the storage of units which are being made available for sale to the general public.

I. Improvements and maintenance of facilities.

(1) Facilities shall be maintained by the designated operator or owner of the site to ensure adequate condition of roads and parking areas and safe ingress and egress to all campsites.

(2) Roads shall be improved with an adequate subsurface and gravel base subject to approval of the Township Engineer. Paved wearing surface may be required if necessary for safety and traffic purposes.

(3) All electrical, water and sewage systems shall be inspected and repaired on a regular basis to ensure the protection of public health and safety of all occupants of the campsites.

(4) Off-street parking areas shall conform with the requirements of this chapter.

(5) Landscaping and buffers shall be provided to provide privacy and to screen adjoining areas or views of the site from the public road.

(6) Trees shall be trimmed and dead wood removed.

(7) Necessary grading shall be provided, where necessary, to improve adverse drainage conditions affecting campsites.

(8) Showers/bathhouse and toilets shall be cleaned daily to prevent transmittal of disease during the on season.

(9) The management shall establish a regular maintenance schedule for review by the Township. The condition of facilities shall be in compliance with the requirements of the PADEP and the PA Department of Health.

J. Permanent open space in campground area.

(1) This section requires the preservation of at least 40% of the total campground area to be kept in permanent open space for as long a period of time as the campground remains in existence. If the campground size is large enough it may be possible for the campground owner to allocate a higher percentage of land to be preserved for permanent open space.

(2) If available, additional open space land will further enhance the camping experience for users of the campground.

(3) Uses permitted in the permanent open space area.

(a) The purpose of the open space allocation is to provide a protected area which is to be kept in its natural condition without development of campsites for occupancy by campers. It will permit the preservation of trees, shrubs, grasses and other plant life and serve as a natural wildlife sanctuary for the protection of wildlife in the area.

(b) A system of low impact trails can also be developed for low intensity uses which campers can use for hiking, bird watching, access to fishing and boating areas, nature study, including access to primitive style picnic areas, woodlands and wildflower enclaves.

(c) It can become a favored experience for users of the campsite and provide greater enjoyment of an outdoor shared experience for all family members, including children, older adults, teenagers and younger adults.

(d) It will also increase attractive qualities of the campground and become more attractive to potential campground users by increasing their appreciation of nature, their understanding of why preservation of the environment enhances all of our lives.

K. Minimum area requirements. Minimum area, open space, roadway width requirements, individual campsite areas and community facilities and other requirements are set forth on the Schedule below.

Schedule VII
Minimum Development Requirements
For Campgrounds and Campsites
Campground Element	Requirement
Minimum campground tract area	10 acres
Minimum permanent open space required	40% of tract
Minimum private roadway requirements
One-way roads	18 feet R/W
	12 feet cartway
Two-way roads	24 feet R/W
	18 feet cartway
Development Area for tents, trailers, boat docks and other facilities
Minimum individual campsite area	45 feet by 50 feet
Minimum area for community facilities (to be conveniently located to serve campers)
Campground office and store
Convenience store
Showers/bathhouse	To be proposed as required and needed to serve the campers (See notes below)
Toilets
Boat access to water bodies, if required
Off-street parking to serve campsites and facilities
Misc. other services

Notes:
1.	The site plan presented should include topographic information and comply with PADEP, PA Department of Health requirements, and off-street parking standards of this chapter.
2.	Boat access to the Delaware River will require review by the PA Fish and Boat Commission.
3.	The height of all structures and tents shall not exceed 20 feet.

§ 350-36 Recreation uses.

A. Introduction. The recreation uses permitted in this chapter are defined below.

(1) Recreation uses may include land and building areas utilized and/or developed for the purpose of refreshing and exercising the body and mind through forms of play, amusement, or relaxation. Recreation includes active or passive activities consisting of single person and multiperson activities, sports games and team play of various types, individual relaxation, enjoyment of the weather, wildlife, wooded areas and existing natural areas and resources, and they may be located either indoors or outdoors.

(2) Recreation may be provided in different forms as discussed in the definitions below. These definitions also provide illustrative examples of the types of recreation which may be included in each category. Finally, a recreation schedule is included in Subsection G below. The schedule identifies different zoning districts in which these uses may be located.

B. Public recreation. Recreation areas or facilities offered to the general public by the municipality, other governmental agencies or other recognized conservancy agencies, free of charge or for a nominal fee. Illustrative activities may include active and passive recreation and outdoor recreation facilities as defined below.

(1) Active recreation.

(a) Brisk and energetic recreation activities. These activities often require the use of specialized equipment and usually take place at designated areas, sites, or fields.

(b) Illustrative examples of active recreation include, but are not limited to, a municipal park and recreation area with playground and multiple facilities, such as tot lot area, all types of court and field games, including field sports such as softball, baseball, soccer, and football, tennis and basketball, handball, archery, badminton, volleyball, shuffleboard, boccie, swimming, ice-skating and other similar playground activities for various age groups.

(2) Passive recreation.

(a) Quiet, relaxed leisure activities. These activities require much less exertion than active recreation. They do not always require a developed site and have a minimal impact on the environment.

(b) Illustrative activities may include, but are not limited to municipal park and picnic areas, landscaped areas, gardens, tot lot areas, nature studies, bird watching, meetings with friends and family, table games, strolling to enjoy the landscape, woodland preserves, nature centers, open space conservation or nature conservancy areas and other similar low impact recreational facilities uses.

(3) Outdoor recreation. Predominantly participant recreation activities conducted in open, partially enclosed, or screened facilities. Illustrative activities may include, but are not limited to, municipal park and playground facilities, athletic fields, driving ranges, miniature golf, skateboarding park, swimming, bathing, boating, fishing, hunting (subject to state regulation), sailing, canoeing, wading and other therapeutic facilities, tennis, handball, basketball courts, batting cages, trampoline facilities, nature trails and walkways, bird watching, hiking, biking, horseback riding and other forms of recreation.

(4) Indoor recreation. Indoor recreation facilities are operated by public, municipal or other governmental agencies or other recognized conservancy agencies to primarily serve the residents of the Township. These facilities may be located in a portion of an existing building or in a separate building and are to be provided with adequate parking space. Illustrative examples of such facilities may include the following:

(a) A community center including meeting rooms and infrastructure which provide opportunities for recreation, entertainment, cultural and social activities.

(b) Specific activities may include indoor games such as ping-pong and billiards, checkers, chess, and other games of interest to the public. Card games with gambling are not permitted, craft classes, health and community information and discussion groups. All age groups may be served including young children, teenagers, adults, and senior citizens.

(c) A community center may be individually located on a separate site or may be included within a municipal park. The center may include kitchen facilities to serve limited refreshments but is not intended to provide the main meal of the day or the serving of alcoholic beverages.

C. Private community recreation facilities.

(1) Private community recreation facilities. Indoor or outdoor private community recreation facilities for use by the residents and guests of a particular residential neighborhood, development, or approved subdivision development.

(2) Such recreation facilities may also include the preservation of open space which shall be located within or adjacent to the proposed development or subdivision.

D. Commercial recreation. Commercial recreation facilities include indoor and outdoor facilities or establishments, usually operated for-profit, whose main purpose is to provide individuals an opportunity to participate in various active and passive sporting activities. These facilities are intended to serve the general public.

(1) Passive and open space facilities. Illustrative examples of such facilities may include picnic areas, pavilions, landscaped areas, gardens, nature studies, bird watching, golf courses, and related outdoor displays or exhibits providing interpretative information.

(2) Golf courses. Includes commercial for-profit and nonprofit.

(3) Commercial recreation facilities. For-profit activities where tickets are sold or fees collected for the activity. Illustrative examples include arcades, movie theaters, museums, swimming, and other low intensity water related recreation, saunas, locker rooms, shower rooms, tennis, racquet ball, handball, and bowling, basketball and other similar activities.

E. Specialized recreation activities.

(1) Specialized recreational facilities are those that usually involve, whether in whole or in part, disturbance of neighbors and the surrounding area, significant pedestrian or vehicle traffic, noise, significant premises lighting, vibrations, odor, fumes, spectators and the like.

(2) These include, but are not limited to, racing or similar speed or endurance events (whether cars, trucks, go-carts, snowmobiles, ATVs, motorcycles, motor cross, bicycles, skateboards, or other types of motorized or nonmotorized vehicles) whether indoor or outdoor and on dirt, paved or snow or ice covered or half pipe courses or tracks or other similar courses, professional or semiprofessional team events or games, stadiums, arenas, sports complexes, amphitheaters, gun clubs, hunting clubs, fishing clubs, paint ball or target or shooting games or contests, amusement parks (or portions of same) involving amusement rides of all type such as boat rides, train rides, sky rides, flying swings, merry-go-rounds, roller coasters, ferris wheels, water tubes or water slides, wave pool, alpine slides, other motorized or nonmotorized rides and related amusements such as driving ranges, shooting ranges or galleries, target type games, batting cages and arcades.

(3) These activities shall be located only in the I-2 or I-3 Districts.

F. Related accessory uses.

(1) Accessory uses. These uses are intended to serve the participants of the permitted recreation uses which are compatible with the above facilities including off street parking areas, restroom facilities, snackbar/eating and refreshment facilities and related uses which are intended, as a convenience, to serve the participants of the recreation uses, but not intended to serve the general public at large. Accessory uses also include structures for the storage of recreation and maintenance equipment and supplies, locker rooms and shower rooms.

G. Review procedure.

(1) Recreational uses shall be reviewed either as a special exception use or a conditional use as follows:

(a) Special exception use. Stand-alone recreation uses that are not combined with other uses, including public recreation and private community recreation facilities as defined in this § 350-36, Subsections B and C shall be reviewed by the Township Zoning Hearing Board as a special exception use.

(b) Conditional use. All other forms of recreation including (but not limited to) commercial recreation and specialized recreation activities (as defined in § 350-36, Subsections D and E) shall be reviewed and approved by the Township Board of Supervisors as a conditional use.

(c) Accessory uses. Any related accessory uses shall be part of either the special exception use review or the conditional use review as the case may be.

(2) The location of all recreational uses shall be as set forth in attached Schedule VIII.

Schedule VIII
Recreational Facilities or Activities Permitted in Each Zoning District
Recreation Uses(a)	Location in Zoning Districts(c)
Public recreation
Active recreation	A-1, R-1, VCR-1
Passive recreation	OSC, A-1, R-1, VCR-1
Outdoor recreation	A-1, R-1
Indoor recreation	A-1, R-1, VCR-1
Private community recreation
In planned developments, subdivisions, in conservation subdivisions, or institutional uses developed in accordance with the provisions of this chapter	OSC, A-1, R-1, VCR-1
Commercial recreation
Passive and open space commercial facilities	OSC, A-1
Golf courses	A-1
Commercial recreation	C-1, C-2, I-1, I-2
Specialized recreation activities	I-2 and I-3
Related accessory uses	Various zones(b)

See preceding narrative for list of recreation uses included in each recreation use category above.

FOOTNOTES:
(a)	The types of recreation uses identified in the schedule are defined in the text preceding this table
(b)	The specific types of recreation uses identified above, in Column 1 are permitted in the various zones listed in Column 2
(c)	All recreation uses are to be reviewed either as special exception or conditional uses (see § 350-36, Subsection G)

Notes applicable to the preceding recreation schedule:
1.	All recreational facilities shall be designed, located and operated in a manner which does not adversely affect the tranquility, livability and useability of adjoining residential, open space, agricultural, commercial, institutional or industrial uses, and shall also conform with the requirements of Article IV.
2.	All recreation areas and uses may have park and recreation accessory storage and other appropriate accessory uses. The accessory uses shall be incidental and supportive of the principal recreation uses permitted, and shall not be used as separate principal uses.
3.	Recreation facilities are designed to be used as follows:
Public recreation: primarily by residents of the Township.
Private community recreation: by residents and guests of the individual subdivisions or developments approved by the Township.
Commercial recreation: by the general public
Specialized recreation activities: by the general public
4.	All commercial recreation and specialized recreation activity facilities shall require submission of a traffic impact analysis and a community impact analysis to be reviewed by the Zoning Hearing Board.
5.	All recreational facilities shall be designed to fully protect the health and safety of all persons using these facilities and shall conform with recognized standards and guidelines of the following organizations and agencies:
National Recreation and Parks Association
Pennsylvania Recreation and Parks Society
Pennsylvania Labor and Industry
Pennsylvania State Building Code
Federal Americans with Disabilities Act
All applicable standards of the PA Department of Health, the PA Department of Environmental Protection and Federal Environmental Protection Agency.
6.	See below for information sources for recreation design issues and standards identified by the PA Department of Conservation and Natural Resources (DCNR).

Information sources for recreation design issues and standards (identified by PA DCNR)
Design issues
	Facility space requirements (FIFA, NCAA, AASHTO, PIAA, Olympic committee, PA Bathing Place Manual, etc.)
	Facility orientation (FIFA, NCAA, PIAA, etc.)
	Surface drainage/grading (FIFA, NCAA, PIAA, USTA, etc.)
	Parking requirements (BOCA, NRPA, NPS, www.access-board.gov, etc.)
Standards
	ADA accessibility (federal register, www.access-board.gov)
	Playground safety (CPSC, ASTM, www.access-board.gov)
	Legal codes (BOCA, local ordinance, state law, federal law)
	Use the standard of care of a reasonably prudent person.