Township of Hemlock, PA SUPPLEMENTARY USE REGULATIONS

[Ord. No. 8-9-2005, 8/9/2005, § 404]

Townhouse structures (i.e., single-family attached dwelling structures) may be permitted only in those zoning districts and as specified in the District Regulations, Part 3. Every application for such a use shall also meet the requirements outlined below as well as the standards set forth in the Hemlock Township Subdivision and Land Development Ordinance [Chapter 22].

Minimum Tract Area and Maximum Density Requirements.

(1)

The minimum gross area required for each tract containing a townhouse structure shall be as specified in the District Regulations, Part 3. Townhouse structures in the Suburban Residential District shall contain no more than four dwelling units per structure, and no more than eight dwelling units per structure in the Urban Residential District, General Commercial District and Interchange Commercial District. Overall density shall not exceed five dwelling units per acre in the Suburban Residential District and eight dwelling units per acre in the Urban Residential District, General Commercial District and Interchange Commercial District.

[Amended by Ord. No. 12-12-2017, 12/12/2017]

(2)

Where individual dwelling units of a townhouse structure and the land on which the structure is located are proposed to be subdivided and conveyed as separate lots, the following dimensional requirements shall be met. In such cases, the applicant shall submit sufficient documentation along with the subdivision plans which demonstrate that satisfactory arrangements have been made regarding the ownership and maintenance of all common ground or open space not proposed for conveyance. [See also paragraph .E(8) below.]

(a)

SR Zone: 6,000 square feet per dwelling unit.

(b)

UR, C and IC Zones: 4,000 square feet per dwelling unit.

[Amended by Ord. No. 12-12-2017, 12/12/2017]

(3)

Where individual dwelling units of a townhouse structure are to be conveyed independently of any land area, the applicant shall demonstrate that all other requirements of the Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq., will be met.

(4)

Where title to individual dwelling units of a townhouse structure is proposed to be conveyed, all dwelling units contained in the structure shall be part of the proposal.

Minimum Tract Width Requirements. The minimum width required for a tract containing a townhouse structure may vary with each application depending upon the number of units being proposed in each structure. In no case however, shall the width of the tract be less than the minimum lot width required for a single-family detached dwelling in the district where such structure is located. Each dwelling unit of a townhouse structure shall maintain the minimum width set forth in the district regulations for the district in which it is to be located.

Minimum Yard Requirements. The minimum yard requirements for each tract containing a townhouse structure shall be as specified in the District Regulations, Part 3.

Gross Floor Area Requirements. Each dwelling unit located in a townhouse structure shall meet the gross floor area requirements set forth in § 27-403, Subsection 1C, of this chapter.

Design Standards. Proposals for townhouse structures shall be designed to meet the standards set forth in the Hemlock Township Subdivision and Land Development Ordinance [Chapter 22]. In addition, the following standards shall apply.

(1)

Maximum Structure Length. No townhouse structure shall exceed 100 feet in length when located in the Suburban Residential District nor 200 feet when located in the Urban Residential District, General Commercial District or Interchange Commercial District.

[Amended by Ord. No. 12-12-2017, 12/12/2017]

(2)

Traffic Access. No individual townhouse unit may access directly onto a public street. All such units shall access public roadways via an approved private street, driveway or common parking area. All new streets, access drives, and parking areas shall be designed and constructed in accordance with the applicable street standards outlined in the Hemlock Township Subdivision and Land Development Ordinance [Chapter 22].

[Amended by Ord. No. 12-12-2017, 12/12/2017]

(3)

Off-Street Parking Spaces. A minimum of two off-street parking spaces shall be provided for each dwelling unit contained in the townhouse structure. One additional off-street parking space shall also be provided for each dwelling unit in the structure for visitor parking.

(4)

Grading and Landscaping. Where excavation or grading is proposed, or where existing trees, shrubs, or other vegetative cover is to be removed, plans shall be prepared by the developer and submitted to the Township which illustrate that all erosion and sedimentation control requirements set forth in the Hemlock Township Subdivision and Land Development Ordinance [Chapter 22] will be met. And, where adjacent to existing single-family detached dwellings or noncompatible land uses, buffer yards and/or screening as required in §§ 27-506 and 27-507 of this chapter shall be provided by the developer.

(5)

Drainage Facilities. All drainage and/or stormwater management standards set forth in the Hemlock Township Subdivision and Land Development Ordinance [Chapter 22] shall be met.

(6)

Solid Waste Collection. Storage and Disposal. Arrangements for the collection, storage and disposal of solid wastes generated by the proposed development shall be made by the developer and submitted to the Township for approval as a part of the plan submission process.

(7)

Sewage and Water Facilities. Sewage and water facilities for townhouse structures shall be provided by the developer in accordance with the standards of the Pennsylvania Department of Environmental Protection and as follows.

(a)

Sewage Facilities. A public or community sewerage system or a private package sewage treatment facility shall be utilized to provide sewage service for such developments.

(b)

Water Supply. Where a public water supply system of satisfactory quantity, quality and pressure is reasonably accessible to the proposed development and there is a willingness on the part of the system owner to serve the proposed development, connection shall be made to this system and its supply shall be used exclusively. Where a public water supply system is not available, a private water supply system shall be designed by the developer to provide service for the development.

The developer shall provide sufficient documentation to the Township, along with his development plans, to indicate that such facilities are presently available and will be extended to serve his development or that he has obtained the necessary approvals to construct them.

(8)

Common Open Space Ownership and Maintenance.

(a)

The developer shall submit a plan to the Township indicating the arrangements to be made for ultimate ownership of and maintenance responsibilities for any common open space/land area associated with the townhouse structure (including access drives and driveways). Such plans shall be submitted to the Township for approval as a part of the plan submission process. Where no conveyance of land area is proposed, the developer shall submit a copy of his plan for the maintenance of all common open space areas associated with the structure for the Township's approval.

(b)

Where more than one townhouse structure is proposed to be located on a single tract of ground, a minimum of 10% of the gross area of the development shall be reserved by the developer as common open space for the use of all residents of the complex. Such open space may include areas of land and water, but shall exclude all roads, parking areas, structures, or service lanes. This area shall also be easily accessible to all units. Applicants for such developments shall submit a proposal indicating the ultimate ownership and maintenance responsibilities for all common open space areas to the Township for review and approval as part of the plan submission process. Copies of all approved arrangements shall be included in each deed or lease for a unit in such a development.

Building Relationships. Where more than one townhouse structure is proposed for a single tract of ground, the following minimum standards shall apply:

(1)

Minimum Tract Area Requirements. A minimum of two contiguous acres of land shall be provided for each development containing more than one townhouse structure.

(2)

Arrangement of Buildings. Adequate provision must be made for light, air, access and privacy in the arrangement of the buildings to each other. Each dwelling unit shall have a minimum of two exterior exposures.

(3)

Emergency Access. Building groups must be arranged in order to be accessible by emergency vehicles.

(4)

Distance Between Buildings.

(a)

The front or rear of any building shall be no closer to the front or rear of any other building than 40 feet.

(b)

The side of any building shall be no closer to the side, front, or rear of any other building than 30 feet.

(5)

Distance Between Buildings and Driveways.

(a)

No driveway or parking lot shall be closer than 15 feet to the front of any building, nor 10 feet to the side or rear of any building, except that space may be provided for loading and unloading which is closer to the building it is intended to serve than is herein provided.

(b)

In the case of an enclosed garage or carport provided as a portion of the main structure, distance requirements for driveways providing access to these accommodations shall not apply.

[Ord. No. 8-9-2005, 8/9/2005, § 405]

Apartment buildings (i.e., multifamily dwelling structures, excluding townhouse structures) may be permitted only in those zoning districts and as specified in the District Regulations, Part 3. Every application for such a use shall also meet the requirements outlined below as well as the standards set forth in the Hemlock Township Subdivision and Land Development Ordinance [Chapter 22]:

Minimum Tract Area and Maximum Density Requirements. The minimum gross area required for each tract containing an apartment building shall be as specified in the District Regulations, Part 3. Apartment buildings located in a Suburban Residential District shall not contain more than four dwelling units per structure. There shall be no maximum number of dwelling units in such structures when they are located within an Urban Residential District. Overall density shall however not exceed six dwelling units per acre in the Suburban Residential District and 10 dwelling units per acre in the Urban Residential District.

Minimum Tract Width Requirements. The minimum width required for each tract containing an apartment building be as specified in the District Regulations, Part 3.

Minimum Yard Requirements. The minimum yard requirements for each tract containing an apartment building shall be as specified in the District Regulations, Part 3.

Gross Floor Area Requirements. Each dwelling unit located in an apartment building shall meet the gross floor area requirements set forth in § 27-403, Subsection 1C, of this chapter.

Design Standards. The design standards set forth in § 27-405, Subsection 1E, of this chapter shall also be met for apartment buildings.

Building Relationships. Where more than one apartment building is proposed for a single tract of ground, the standards set forth in § 27-405, Subsection 1F, of this chapter shall apply.

[Ord. No. 8-9-2005, 8/9/2005, § 406]

Residential cluster developments may be permitted only in those zoning districts and as specified in the District Regulations, Part 3. Every such application shall also meet the requirements outlined below as well as the standards set forth in the Hemlock Township Subdivision and Land Development Ordinance [Chapter 22].

Residential cluster development is an optional form of development which allows the developer more choices of housing types, and enables him to develop lots smaller than otherwise provided for in this chapter, so long as the land saved by the reduction in lot sizes is reserved as permanent open space for the benefit of all residents of the development.

Minimum Tract Area Requirements. Residential cluster developments situated in the Rural Residential and Suburban Residential Districts shall contain a minimum of 10 contiguous acres of land suitable for development. In the Urban Residential District, such developments shall contain a minimum gross lot area of five contiguous acres of land, and in the Agricultural District, a minimum of 25 contiguous acres shall be provided. Excluded from the determination of tract size shall be: (1) all land situated in a wetland or one-hundred-year floodplain; and (2) all land with a slope exceeding 15%.

Permitted Dwelling Types. The type of dwelling units permitted in any cluster development shall be as set forth in the District Regulations, Part 3, for the zoning district in which the development is located; that is, in the SR and UR Zones, single-family detached, duplexes, townhouse structures, and apartment buildings may be clustered; and in the RR District and A Districts, only single-family detached dwelling units may be included in the cluster development.

Tract Density Standards. All residential cluster developments shall be designed in accordance with the standards of this section, except that the maximum gross density set forth in the District Regulations, Part 3, for the zoning district in which the development is located shall not be exceeded; that is:

(1)

RR District. In the RR District, the maximum allowable tract density shall not exceed 1.45 dwelling units per acre.

(2)

SR District. The maximum allowable gross tract density in the SR District shall not exceed:

(a)

Single-family detached dwelling units: 2.9 dwelling units per acre.

(b)

Duplex dwelling units: 4.36 dwelling units per acre.

(c)

Townhouse dwelling units: 5.0 dwelling units per acre.

(d)

Apartment dwelling units: 6.0 dwelling units per acre.

(3)

UR District, General Commercial District and Interchange Commercial District. In the UR District, General Commercial District and Interchange Commercial District, the maximum allowable gross tract density shall not exceed:

[Amended by Ord. No. 12-12-2017, 12/12/2017]

(a)

Single-family detached dwelling units: 5.45 dwelling units per acre.

(b)

Duplex dwelling units: 7.26 dwelling units per acre.

(c)

Townhouse dwelling units: 8.0 dwelling units per acre.

(d)

Apartment dwelling units: 10.0 dwelling units per acre.

(4)

A District. The maximum allowable gross tract density in the A District shall not exceed 1.0 dwelling unit per acre.

The maximum number of dwelling units per structure for townhouse structures and apartment buildings shall be as set forth in §§ 27-405, Subsection 1A, and 27-406, Subsection 1A, of this chapter.

Permitted Lot Area Reductions. The minimum lot area requirement for single-family detached and duplex dwellings may be reduced up to 50% from the minimum established for the district in which the development is to be located. The minimum gross lot area requirement for townhouse units may be reduced to the area of the dwelling unit, and for apartment buildings, the minimum gross lot area may be reduced to the area of the dwelling structure.

Minimum Width Requirements. The minimum lot width required for single-family detached dwellings shall be 100 feet in the A District, 80 feet in the RR District, 75 feet in the SR District, and 50 feet in the UR District. Width requirements for duplex dwellings in the SR and UR Districts shall be the same as those required for single-family detached dwellings. Requirements for all other types of dwelling units shall be as set forth in the District Regulations, Part 3.

Minimum Yard Requirements.

(1)

RR District. Minimum yard requirements for the RR District shall be:

(a)

Front yard: 30 feet from edge of road right-of-way.

(b)

Side yards: 10 feet each side.

(c)

Rear yard: 25 feet.

(2)

SR District. In the SR District, the minimum yard requirements shall be:

(a)

Front yard: 20 feet from edge of road right-of-way.

(b)

Side yards: 10 feet each side.

(c)

Rear yard: 15 feet.

(3)

UR District, General Commercial District and Interchange Commercial District. Minimum yard requirements for the UR District, General Commercial District and Interchange Commercial District shall be:

[Amended by Ord. No. 12-12-2017, 12/12/2017]

(a)

Front yard: 15 feet from edge of road right-of-way.

(b)

Side yards: five feet each side.

(c)

Rear yard: 10 feet.

(4)

A District. In the A District, the minimum yard requirements shall be:

(a)

Front yard: 30 feet from edge of road right-of-way.

(b)

Side yards: 15 feet each side.

(c)

Rear yard: 35 feet.

In addition to the yard requirements set forth above, a twenty-five-foot buffer yard shall be provided around the entire perimeter of the development site. The area of this buffer may be included as part of the development's required open space; however, where such buffer is included as part of the required open space, it shall not be included as part of any required lot area. If the area of the buffer is not included as part of the required open space, then the area may be included as part of the required lot area. (See also paragraph .J below.)

Gross Floor Area Requirements. Each dwelling unit located in a residential cluster development shall meet the gross floor area requirements set forth in § 27-403, Subsection 1C, of this chapter.

Maximum Building Coverage. The maximum permitted building coverage shall be 30% and shall apply to the entire development tract, rather than to individual lots.

Design And Building Relationship Standards. The design and building relationship standards set forth in § 27-405, Subsection 1E and F, shall also be met for residential cluster developments. In addition, the following standards shall apply:

(1)

Arrangement of Buildings and Facilities.

(a)

All of the elements of the site plan shall be harmoniously and efficiently organized in relation to topography, the size and shape of the tract, the character of the adjoining property, and the type and size of the proposed buildings in order to produce a livable and economic land use pattern.

(b)

Buildings shall be arranged in favorable relation to the natural topography, existing desirable trees, views within and beyond the site, and exposure to the sun and other buildings on the tract. Grading around the buildings shall be designed to be in harmony with the natural topography, at the same time assuring adequate drainage and safe and convenient access.

(2)

Access and Circulation.

(a)

Access to the dwellings and circulation between the buildings and other important project facilities for vehicular and pedestrian traffic shall be safe, adequate and convenient for the residents of the development.

(b)

Access and circulation for firefighting apparatus, furniture moving vans, fuel trucks, garbage collection, deliveries, and snow removal shall be planned for efficient operation and maintenance.

(3)

Yards. Yards shall assure privacy, desirable views, adequate natural light and ventilation, convenient access to and around the dwelling and other essential facilities or uses.

Open Space Requirements.

(1)

Size and Physical Requirements.

(a)

A minimum of 50% of the gross area of the development tract shall be reserved by the developer as common open space for the benefit of all residents of the development. Such open space may include areas of land and water, but shall exclude all roads, parking areas, structures or service lanes. The area shall also be easily accessible to all units in the development and shall be free of safety and health hazards. Portions of the area to be used for recreational purposes shall have suitable physical characteristics, including well-drained soils, gentle topography, and suitable shape and size.

(b)

No more than 25% of the open space may be wetlands, floodplains, or areas with slope exceeding 20%.

(2)

Use Standards.

(a)

Open space required and provided as part of a residential cluster development shall not be subdivided nor conveyed unless approved as part of the original site development plan.

(b)

Required open space may be used for agricultural, woodland conservation, or recreation purposes.

(c)

Only structures that enhance the use of the required open space may be permitted. There shall be no residential or commercial use of such structures, nor shall more than a total of 2% of the open space be devoted to structures.

(3)

Ownership and Maintenance Responsibilities. Applications for residential cluster developments shall include a proposal indicating the ultimate ownership and maintenance of required open space areas. Where such open space is not dedicated to the Township or where such dedication is not accepted by the Township, an agreement which assigns maintenance responsibilities for the open space and/or recreational facilities shall be submitted by the developer and approved by the Township, recorded with the final plan, and shall be included in the deeds for each parcel or dwelling unit within the development. At a minimum, covenants in the agreement shall:

(a)

Obligate the purchasers to participate in a homeowners' association and to support maintenance of the open space by paying assessments to the association sufficient to cover the cost of such maintenance and subjecting their properties to a lien for enforcement of payment of the respective assessments.

(b)

Obligate such an association to maintain the open areas as well as any private streets and utilities which may have been approved within the development.

(c)

Empower purchasers of lots or dwelling units in the development to enforce the covenants in the event of failure of compliance.

(d)

Provide that the developer shall be responsible for the formation of the homeowners' association of which the developer (or owner, if other than the developer) shall remain a member until all lots in the development are sold. (Other equivalent provisions to assure adequate perpetual maintenance may be considered and approved by the Township.)

(e)

Guarantee that the homeowners' association formed to own and maintain the open space will not be dissolved without the consent of the Township.

Criteria for Granting Approval of Residential Cluster Developments. In addition to the standards set forth the § 27-1102 of this chapter for review and approval of conditional use applications, the following criteria shall be utilized in reviewing applications for residential cluster developments:

(1)

The proposed cluster development shall be in harmony with the general purpose, goals, objectives, and standards of the Hemlock Township Comprehensive Plan, this chapter, and the Township Subdivision and Land Development Ordinance [Chapter 22].

(2)

The proposed cluster development shall not have substantial or undue adverse effects, as compared to a standard development permitted by this chapter, upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, safety and general welfare.

(3)

The proposed cluster development shall be served adequately by essential public facilities and services, such as highways, streets, off-street parking spaces, police and fire protection, drainage structures, refuse disposal, water, sewers and schools.

(4)

The proposed cluster development shall not result in the destruction, loss or damage of any natural, scenic or historic features of significant importance.

[Ord. No. 8-9-2005, 8/9/2005, § 407]

Mobile home parks may be permitted only in those zoning districts and as specified in the District Regulations, Part 3. All proposed mobile home parks and extensions to existing parks shall also meet all requirements set forth in the Hemlock Township Subdivision and Land Development Ordinance [Chapter 22].

Every mobile home placed in an approved mobile home park in Hemlock Township, including replacement units, shall obtain a zoning permit prior to its placement in the mobile home park. In addition, each unit, including replacement units, must obtain a certificate of compliance, as required by this chapter, prior to being used as a dwelling unit. All additions proposed for mobile homes located in mobile home parks shall also require a zoning permit prior to being initiated. Zoning permits for replacement units which do not exceed the length or width of the prior unit or which can be placed on the lot to meet all setback requirements may be authorized by the Township Zoning Officer. Where however, the replacement unit will not meet all setback requirements, permit authorization must be obtained from the Township Zoning Hearing Board.

[Ord. No. 8-9-2005, 8/9/2005, § 408]

Rooming or boarding houses may be permitted only in those zoning districts and as specified in the District Regulations, Part 3. All applications for such uses, whether new construction or a conversion, shall also meet the requirements outlined below.

The lot upon which the rooming or boarding house is situated shall meet the minimum area requirements established in the district regulations for the district in which the use is to be located.

For the purposes of this chapter, rooming or boarding houses shall be accessory to a single-family detached dwelling, and the owner of the residence must occupy the unit as its legal resident.

Accommodations may be provided for up to four boarders, with a maximum of two persons per bedroom. Such accommodations shall be for periods of one week or more in duration and may or may not include arrangements for meals.

Sewage and water facilities shall be sufficient to handle the anticipated loading created by the proposed facility and shall meet all requirements of the Pennsylvania Department of Environmental Protection and/or the applicable public or community sewer and water boards or authorities.

Signs advertising the facility shall meet the requirements of Part 7 of this chapter.

The off-street parking requirements set forth in Part 8 and all other applicable provisions of this chapter shall also be met.

[Ord. No. 8-9-2005, 8/9/2005, § 409]

Group homes or institutional residences may be permitted only in those zoning districts and as specified in the District Regulations, Part 3. Applications for such uses, whether new construction or a conversion, shall also meet all applicable state regulations, as well as the requirements outlined below.

The lot upon which the group home or institutional residence is situated shall meet the minimum area requirements established in the District Regulations for the district in which the use is to be located.

Residents of a group home shall maintain a single household unit with shared use of rooms, and shall share mealtimes and housekeeping responsibilities. There shall however be no more than two persons per bedroom.

Accommodations in a group home shall be provided for no more than eight residents, excluding staff, at one time. For the purposes of this chapter, group homes providing accommodations for more than eight residents shall be considered to be institutional residences. Applications for group homes shall specify the maximum number of residents or occupants to be housed or cared for at the facility.

Adult supervision shall be provided at the group home or institutional residence on a twenty-four-hour basis.

Applicants for group homes or institutional residences shall indicate the type of care, counseling or treatment to be provided at the site. In each instance, medical care shall be incidental in nature and shall not be a major element of the care being provided at the facility.

Residents of such facilities shall remain in residence for a period of at least three months, and a change of residents shall not routinely occur, except in the case of death, extended illness, disability or similar circumstances, or by court order.

Evidence shall be provided with the application for a group home or institutional residence indicating that all applicable state certification and/or licensing requirements have been met. Revocation or suspension of the state permit shall constitute an automatic revocation of the Township zoning permit.

Sewage and water facilities shall be sufficient to handle the anticipated loading created by the proposed facility and shall meet all requirements of the Pennsylvania Department of Environmental Protection and/or the applicable pubic or community sewer and water boards or authorities.

Evidence shall be provided with the application indicating that all appropriate state licensing requirements have been met.

Arrangements for the collection, storage and disposal of solid waste generated by the facility shall be made by the applicant and submitted to the Township for approval as part the application for such a use.

Signs advertising the facility shall meet the requirements of Part 7 of this chapter.

The off-street parking requirements set forth in Part 8 and all other applicable provisions of this chapter shall also be met.

[Ord. No. 8-9-2005, 8/9/2005, § 410; as amended by Ord. No. 11-11-2014, 11/11/2014]

Student housing facilities may be permitted by the special exception in the UR-1 District as specified in the District Regulations, Part 3. All applications for such uses, whether new construction or a conversion, shall also meet the requirements listed below:

The lot upon which the student housing facility is situated shall meet the minimum area requirements established in the District Regulations.

Purpose. The purpose of this special exception use is to provide for student housing facilities that are designed and located in an appropriate manner to enhance the residential neighborhood in which this housing is located.

The principle permitted use shall be student housing.

No more than one principle structure shall be permitted on a lot with the exception of attached dwelling units such as duplexes and townhouse structures.

Existing single-family detached dwellings may be converted into student housing accommodations with a maximum occupancy of four individuals with a maximum of two persons per bedroom.

Where student housing facilities are constructed such structures shall consist of a maximum of four dwelling units with a maximum occupancy of four individuals per dwelling unit with a maximum of two persons per bedroom.

Minimum bedroom size: [NOTE: The bedroom must be a minimum of eight feet when measured in any direction and any closets in the bedroom are not included in the square footage calculations.]

(1)

One student per bedroom: 70 square feet per person.

(2)

Two students per bedroom: 50 square feet per person.

A full bathroom or a three-quarter bathroom shall be located on the same level as the bedrooms. The maximum number of students per bathroom (three-quarter or full) shall be four.

Bedroom/bathroom access:

(1)

Access to a bathroom shall not require travel through any bedrooms.

(2)

Access to any bedroom shall not require travel through a bathroom, another bedroom or bedrooms.

Housing facilities designed to accommodate students in individual dwelling units may be permitted and shall meet the gross floor area requirements set forth in § 27-403, Subsection 1C, of this chapter for each dwelling unit and the density and design requirements of § 27-406 for apartment buildings. In addition, there shall be no more than four individuals occupying one dwelling unit.

Residents of a student housing facility shall maintain a single household unit with shared use of common rooms, cooking and eating facilities and shall have housekeeping responsibilities. No cooking shall take place in any other room than the kitchen area.

Minimum living room and dining area size:

(1)

Living Room:

(a)

One to two occupants: 100 square feet.

(b)

Three to four occupants: 120 square feet.

(2)

Dining Room: [NOTE: If the kitchen is to be utilized as the dining area, the space shall be measured from the face of the kitchen cabinets and major appliances, not from the walls behind the kitchen cabinets or the major appliances.]

(a)

One to two occupants: 80 square feet.

(b)

Three to four occupants: 80 square feet.

Dimensional Regulations.

(1)

The use must conform to the district regulations governing the Urban Residential 1 District set forth in Part 3, § 27-306 of this chapter.

(2)

The use must conform to any applicable supplementary lot regulations set forth in Part 5, §§ 27-501 — 27-507 of this chapter.

(3)

Student housing facilities shall be spaced a minimum of 350 feet from any other student housing facilities when measured in any direction from the lot line to lot line. [NOTE: The only two acceptable sources which may be utilized to identify the location of lot lines are copies of tax assessment parcel maps, which presently are on file at the Columbia County Real Estate Tax Assessment Office or a land survey map, that depicts the location of all the lot lines of all of the affected properties. The land survey must be prepared by a qualified land surveyor who is a licensed surveyor within the Commonwealth of Pennsylvania. All land survey maps must include the signature and Official Seal of the surveyor. If lot line location verification documentation is required, it shall be the responsibility of the applicant to furnish the Zoning Office with the required documentation. The documentation must verify the location of the lot lines of all affected properties.]

Parking Criteria.

(1)

One off-street parking space shall be required for each student residing within a student housing facility and there shall be one additional off-street parking space per dwelling unit provided for guest parking.

(2)

The required parking spaces shall be located on the same lot as the student housing facility.

(3)

The parking spaces shall be sized in accordance with the off-street parking requirements set forth in Part 8, § 27-801, Subsection 1A, of this chapter.

(4)

The parking spaces shall be surfaced with concrete, asphalt paving or crushed stone.

(5)

The parking spaces shall be individually defined with painted lines or bumper blocks.

(6)

All off-street parking areas for four or more automobiles shall be developed in accordance with the following standards:

(a)

Each off-street parking space shall open directly upon an aisle or driveway at least 12 feet wide to provide safe and efficient means of vehicular access to each parking space.

(b)

Such aisle or driveway shall be unobstructed and allow for the passage of emergency vehicles at all times.

(c)

All required parking spaces and aisles shall be provided entirely within the property lines and shall not extend into the public right-of-way.

(d)

Parking spaces and aisles/driveways shall be a minimum of six feet from side or rear of property lines and shall not be located within the front building setback.

(e)

Parking spaces and aisle/driveways shall be a minimum of 10 feet from the principle structure.

Site Element Areas. Areas for parking, recreation, service, utility equipment, waste receptacles, dumpsters and/or other elements which because of their appearance, odor and/or noise would be offensive to those occupying the lot or adjoining lots or those on the street, shall be screened, landscaped or otherwise treated to eliminate the offensive condition.

All other aspects of this chapter and the Subdivision and Land Development Ordinance [Chapter 22] as applicable.

Sewage and water shall be sufficient to handle the anticipated loading created by the proposed facility and shall meet all requirements of the Pennsylvania Department of Environmental Protection and/or applicable public or community sewer and water boards or authorities.

The Hemlock Township Zoning Office shall be provided with copies of the leases for each student housing facility which must include the name of each occupant and an emergency contact telephone number for each occupant. The copies of the leases, a list of the occupant's names and emergency contact telephone numbers shall be provided to the Hemlock Township Zoning Office within 15 days of occupancy. Any changes in occupancy shall be reported to the Hemlock Township Zoning Office within 15 days of the change of occupancy.

If the owner of a student housing facility is not residing within the area, a local emergency contact person shall be appointed by the owner and the name and telephone number of the contact person shall be provided to the Hemlock Township Zoning Office prior to the occupancy of the student housing facility. The name and telephone number of the appointed emergency contact person shall be legibly printed on a durable printing medium and this information shall be openly displaced in an area within the building that is readily accessible to all occupants whom reside within the structure. This information may be displayed in a common area within the building which is accessible to all occupants, or on an exterior wall of the building next to all of the exterior doors that are utilized by the occupants of the structure to access their individual dwelling unit or next to the main access door within the interior of each individual dwelling unit.

Each dwelling unit within each student housing building is subject to an annual licensing fee and every person whom resides within the building is subject to an annual occupancy fee. The amount of the annual license and occupancy fees will be set by the governing body of Hemlock Township 90 days prior to August 15 of each calendar year. The entire amount of the annual fees must be received by the zoning office prior to any occupancy of the building. If an additional person or persons is included on an existing lease after the issuance of the annual license, any additional occupancy fees must be paid to the Zoning Office prior to the building being occupied by the additional person or persons.

All student housing facilities are subject to an annual inspection by Tri County COG IBC Inspection Service or the designated inspection service by the Hemlock Township prior to occupancy. Any and all safety issues, health issue and structural deficiencies shall be satisfactorily addressed prior to occupancy. The inspection fee and any re-inspection fees shall be paid by the owner of the property and the fees are to be paid directly to the inspection service. It shall be the responsibility of the owner of the property to contact the designated inspection service and schedule an inspection appointment. A copy of the annual occupancy certificate issued by the inspection service must be provided to the zoning office prior to occupancy of the building and the issuance of a license from the zoning office. The inspection should be ordered and completed at least 15 days prior to August 15th of each calendar year. This will allow adequate time for the zoning office to receive all required fees, process the license application and issue the license. The licensing period for all student housing facilities shall commence August 15 of each calendar year and expire on August 15 of each succeeding year. It shall be the responsibility of the property owner to submit a license renewal application and remit all the required fees to the zoning office 60 days prior to expiration of the license. Should the property owner fail to renew the license before the expiration date of the license, the building cannot continue to be utilized as a student housing facility. In addition, a new zoning hearing would be required to seek a special exception to re-use the property as a student housing facility.

Evidence shall be provided with the application indicating that all appropriate state and local licensing requirements have been met.

Signs advertising the facility shall meet the sign ordinance regulation requirements set forth in Part 7, § 27-701 — 707 of this chapter.

[Ord. No. 8-9-2005, 8/9/2005, § 411]

Nursing or personal care homes may be permitted only in those zoning districts and as specified in the District Regulations, Part 3. All applications for such uses, whether new construction or a conversion, shall also meet the requirements outlined below:

The lot upon which the nursing or personal care home is situated shall meet the minimum area requirements established in the District Regulations for the district in which the use is to be located.

There shall be no more than two persons per bedroom in a personal care home, and adult supervision shall be provided on a twenty-four-hour a day basis.

Nursing home facilities shall meet all applicable state codes regarding patient space requirements, and medical or nursing personnel shall be available on a twenty-four-hour a day basis.

Evidence shall be provided with the application indicating that all appropriate state licensing requirements have been met.

Signs advertising the facility shall meet the requirements of Part 7 of this chapter.

The off-street parking requirements set forth in Part 8 and all other applicable provisions of this chapter shall also be met.

[Ord. No. 8-9-2005, 8/9/2005, § 412]

Group day care homes, day-care centers, or nursery schools may be permitted only in those zoning districts and as specified in the District Regulations, Part 3. All applications for such uses, whether new construction or a conversion, shall also meet the requirements outlined below.

The lot upon which the group day care home, day-care center, or nursery school is situated shall meet the minimum area requirements established in the District Regulations for the district in which the use is to be located.

Outdoor recreation area shall be provided in accordance with the applicable state regulations. Such areas shall be completely enclosed with a fence, wall, or natural barrier at least six feet in height which is located no less than 25 feet from the edge of any adjoining street right-of-way. A dwelling or other accessory building may also be used as part of the required enclosure.

Passenger drop-off and pick-up areas shall be provided and arranged so that passengers do not have to cross traffic lanes on or adjacent to the site.

Evidence shall be provided with the application indicating that all appropriate state licensing requirements have been met.

Signs advertising the facility shall meet the requirements of Part 7 of this chapter.

The off-street parking requirements set forth in Part 8 and all other applicable provisions of this chapter shall also be met.

[Ord. No. 8-9-2005, 8/9/2005, § 413]

Bed-and-breakfast establishments may be permitted only in those zoning district and as specified in the District Regulations, Part 3. Every application for such a use, whether new construction or a conversion, shall also meet the requirements outlined below.

The lot upon which the bed-and-breakfast establishment is situated shall meet the minimum area requirements established in the District Regulations for the district in which the use is to be located.

The operator of the facility shall reside on the lot.

Overnight lodging accommodations for any guest shall not exceed 14 continuous nights nor more than 60 days in any calendar year.

Lodging accommodations may or may not include arrangements for breakfast or other meals.

Dining facilities and food services shall be available only to lodgers.

Satisfactory evidence shall be provided to the Township by the applicant indicating that the proposed facility will conform to all applicable state and local regulations (including regulations of the Pennsylvania Department of Health and Pennsylvania Department of Labor and Industry).

Arrangements for the collection, storage and disposal of solid wastes generated by the facility shall be made by the applicant and submitted to the Township for approval as part of the application for such use.

Signs advertising the facility shall meet the requirements of Part 7 of this chapter.

The off-street parking requirements set forth in Part 8 and all other applicable provisions of this chapter shall also be met.

[Ord. No. 8-9-2005, 8/9/2005, § 414]

Retail establishments, including all those commercial and business establishments set forth in the District Regulations, may be permitted only in those zoning districts and as specified in the District Regulations, Part 3. In addition, every proposed retail establishment shall meet the requirements outlined below as well as the standards set forth in the Hemlock Township Subdivision and Land Development Ordinance [Chapter 22]. Additional documentation may be required where it is deemed necessary by the Township to protect the health, safety and welfare of its residents.

Applications for new retail establishments shall include documentation and information sufficient to determine that the proposed use will meet the following standards:

(1)

A site plan drawn to scale, showing the tract of ground on which the use is to be situated and the location of all buildings or structures existing or proposed for the site shall be submitted for all new retail establishments.

(2)

Retail establishments shall have no detrimental effect on the character of the area or neighborhood where they are proposed to be located. All applications for such uses shall include details regarding the proposed use of externally broadcast music, public address systems, public announcements, paging, and similar activities.

(3)

All retail uses shall provide adequate sewage disposal facilities and a safe water supply.

(4)

Outdoor lighting associated with the proposed establishment shall be mounted and shielded to effectively eliminate direct or reflective glare on adjacent properties and on public streets.

(5)

Buffer yards and/or screening shall be provided as required in §§ 27-506 and 27-507 of this chapter, unless required otherwise by the regulations of this Part.

(6)

All signs used to advertise retail activities shall meet the requirements of Part 7 of this chapter.

(7)

Off-street parking and loading areas shall be provided in accordance with the requirements of §§ 27-801 and 27-802 of this chapter. Access to all proposed retail uses shall meet the requirements of § 27-803.

(8)

Arrangements for the collection, storage and disposal of solid wastes generated by the commercial use shall be made by the applicant and submitted to the Township for approval as part of the application for the retail activity. Such arrangements shall indicate the type of screening to be used to conceal waste storage facilities used by the retail operation.

(9)

Applications for retail establishments shall also include an indication of the activity's proposed hours of operation.

(10)

No offensive or objectionable noise, vibration, smoke, dust, odor, heat or glare shall be detected at or beyond the property line of the lot containing the commercial activity.

Applicants proposing to change from one commercial use to another in an existing building shall apply to the Zoning Officer for a zoning permit before changing use. All such applicants shall provide sufficient information to the permit officer indicating that the issues raised in paragraph .A above will be adequately addressed.

All accessory warehousing and storage facilities associated with a commercial use shall meet the requirements of § 27-433 of this chapter.

No perpetual outside displays or retail sales shall be permitted for commercial uses, except where such display is a necessary part of the use. No merchandise shall be placed on any sidewalk except as part of a periodic sidewalk sale.

[Ord. No. 8-9-2005, 8/9/2005, § 415]

Automotive service stations and/or repair garages may be permitted only in those zoning districts and as specified in the District Regulations, Part 3. All applications for such uses shall also meet the criteria established in § 27-415 of this chapter for retail uses, as well as the standards outlined below, and all applicable state or federal laws.

No automotive service station or repair shop shall be located within 300 feet of any school, playground, nursing home, church or other place of public assembly.

Gasoline pumps or other fuel dispensing devices shall be no closer than 30 feet to any street right-of-way line, nor shall any fuel oil, propane gas, or other similar substance be stored within 30 feet of a street right-of-way or property line. (Additional permits may be necessary to meet state and federal requirements regarding the location of storage tanks for such purposes.)

All associated repair work (excluding preventive maintenance and minor adjustments) shall be carried out within a structure. All repair materials, including new, used, discarded or unusable parts of any vehicle, shall be stored within a building.

Vehicles being stored on-site for more than 48 hours shall be kept within a building or shall be screened from view as set forth in § 27-507 of this chapter. No such storage area shall exceed three times the size of the garage area in which repairs are being conducted.

Body work or painting of vehicles may be permitted only where the operation is to be conducted within an enclosed structure and where such structure meets the Pennsylvania Department of Labor and Industry and Pennsylvania Department of Environmental Protection regulations and is designed to contain all noise, vibrations, dust, and odor generated by the operation.

Arrangements for the collection, storage and disposal of all waste generated by the facility shall be made by the applicant and submitted to the Township for approval as part of the application for such use.

[Ord. No. 8-9-2005, 8/9/2005, § 416]

Personal storage warehouses may be permitted only in those zoning districts and as specified in the District Regulations, Part 3. All applications for such uses shall meet the criteria established in § 27-415 of this chapter for retail uses, as well as the standards outlined below:

There shall be no commercial or residential use conducted from or occurring within such facilities.

Access to such facilities shall be sufficient to accommodate the size and type of items likely to be stored in the warehouse units.

All external storage of boats, RV's, or other vehicles shall be protected by security fencing and shall be shielded or screened from public view as per the requirements of § 27-507 of this chapter.

[Ord. No. 8-9-2005, 8/9/2005, § 417]

Adult entertainment establishments or facilities may be permitted only in those zoning districts and as specified in the District Regulations, Part 3. All applications for such uses shall meet the criteria established in § 27-415 of this chapter for retail uses as well as the standards outlined below, and all applicable state or local requirements.

No adult entertainment establishment may be situated or located within:

(1)

One thousand feet of the boundary of any residential district or residential property line.

(2)

One thousand feet of the property line of any church, school, day-care center, theater, park, playground, or other areas where minors congregate.

(3)

Seven hundred and fifty feet of the property line of any establishment licensed by the Pennsylvania Liquor Control Board to dispense alcoholic beverages.

(4)

Five hundred feet of the property line of any other adult entertainment establishment.

Advertisements, displays, or other promotional materials for adult entertainment establishments shall not be shown or exhibited so as to be visible to the public from any street, sidewalk or other public place.

All building openings, entries, exits or windows for adult entertainment establishments shall be located, covered or screened in such a manner so as to prevent a view into the interior from any street, sidewalk or other public place. In the case of any adult drive-in or motion-picture theater, viewing screens shall be situated so as to prevent observation from any street, sidewalk or other public area.

Screening shall be provided on both sides and to the rear of the establishment in accordance with the requirements of § 27-507 of this chapter.

No person under 18 years of age shall be permitted within an adult entertainment establishment, nor be permitted to purchase or rent any adult entertainment materials.

Business identification signs shall include no promotional advertisement or displays.

[Ord. No. 8-9-2005, 8/9/2005, § 418]

Shopping centers and/or shopping malls may be permitted only in those zoning districts and as specified in the District Regulations, Part 3. All applications for such uses shall meet the criteria established in § 27-415 of this chapter for retail uses, the standards outlined below, as well as the requirements set forth in the Hemlock Township Subdivision and Land Development Ordinance [Chapter 22]:

Such facilities may include, but need not be limited to, department stores, chain stores, small-scale retail shops, personal service businesses, grocery stores, theaters, financial institutions, restaurants or other eating establishments. In addition, medical, dental or other professional offices and indoor recreational or entertainment activities may also be permitted, although such uses must occupy less than 50% of the total facility.

Building coverage for shopping centers and/or shopping malls shall not exceed 30% of the total site area.

The proposed development shall be constructed in accordance with an overall plan and shall be designed in a single architectural style with appropriate landscaping.

Shopping centers or shopping malls shall be set back a minimum of 100 feet from all adjoining street rights-of-way and 50 feet from side and rear property lines. No parking, loading, or service areas shall be located closer than 25 feet to any property line. (See also paragraph .E below.)

A landscaped buffer, at least 50 feet in width, shall be provided along the side or rear of any shopping center or shopping mall site which abuts a residential district or residential area. Such buffer yard shall be located within the shopping center/shopping mall tract, and may include side or rear setbacks, but may not include any parking, loading, or service areas.

Adequate provision shall be made for safe and efficient pedestrian and vehicular traffic circulation within the boundaries of the shopping center/shopping mall.

[Ord. No. 8-9-2005, 8/9/2005, § 419]

Industrial operations, including those manufacturing, assembly, processing, packaging or shipping operations and those research or testing activities set forth in the District Regulations, may be permitted only where specified in the District Regulations, Part 3. Applications for such activities shall meet the requirements outlined below as well as the standards set forth in the Subdivision and Land Development Ordinance [Chapter 22] in effect in Hemlock Township. Additional documentation may also be required where it is deemed necessary by the Township to protect the health, safety and welfare of its residents:

Industrial or manufacturing operations shall abut on or provide direct access to a street or highway which is capable of accommodating the anticipated levels and types of industrial and employee traffic. Where access is proposed onto a state highway, a copy of the applicant's PennDOT-issued highway occupancy permit shall be provided to the Township as part of the industrial plan submission.

Every industrial operation must be contained within a building, except as may be authorized otherwise for a specific type of industrial activity.

Adequate sewage and water facilities shall be provided by the developer in accordance with the standards of the Pennsylvania Department of Environmental Protection. The developer shall provide sufficient documentation along with development plans to indicate that such service will be provided.

Arrangements for the collection, storage and disposal of all solid wastes generated by the operation shall be made by the developer and submitted to the Township for approval as a part of his application for such a use. Where determined appropriate, the Township may request review of the proposed arrangements by the Pennsylvania Department of Environmental Protection prior to granting approval.

All accessory warehousing and storage facilities associated with an industrial use shall meet the requirements set forth in § 27-433 of this chapter.

Buffer yards and/or screening shall be provided as required by §§ 27-506 and 27-507 of this chapter.

Off-street parking and loading areas shall be provided in accordance with Part 8 of this chapter.

Accessory sales or retail outlets may be permitted to be associated with approved principal uses, but shall be clearly incidental to the industrial use of the subject site and shall occupy no more than 25% of the gross floor area of the operation. Where such retail facilities are to be established, additional off-street parking spaces shall be provided to satisfactorily accommodate the commercial activity.

Compliance with the following minimum performance standards, in addition to all applicable local, state or federal codes or regulations (including DEP's air, water and noise pollution control standards) shall be required. The developer shall present sufficient documentation with his application for the industrial use to indicate that each of the applicable performance standards will be met.

(1)

Sound. The volume of sound inherently and recurrently generated shall be controlled so as not to cause a nuisance to adjacent uses.

(2)

Vibration. No vibrations shall be discernible beyond the property lines of the industry.

(3)

Odor. No emission of odorous gas or other odorous matter shall be permitted in such quantity as would be readily detectable along or beyond the lot lines of the industrial operation without the use of instruments.

(4)

Toxic or Noxious Matter. No discharge of any toxic or noxious matter in such quantity as would be detrimental or dangerous to public health, safety, comfort or welfare, or would cause injury or damage to property, businesses, or the surrounding natural environment shall be permitted.

(5)

Glare. No direct or reflected glare shall be detectable at any point along or beyond the property lines of the industry.

(6)

Heat. No direct or reflected heat shall be detectable at any point along or beyond the property lines of the industry.

(7)

Dust and Fly Ash. No solid or liquid particles shall be emitted in such quantities as would be readily detectable at any point along or beyond the property lines of the industry or as would produce a public nuisance or hazard.

(8)

Smoke. No smoke shall be emitted in such quantity as would become a nuisance.

(9)

Fire, Explosion, and Chemical Hazards. In all activities involving, and in all storage of flammable and explosive materials, the owner or operator of such use shall provide adequate safety devices against the hazard of fire, explosion, leaks or spills, and appropriate firefighting and fire suppression equipment and devices standard in the industry, or as may be required by the Occupational Safety and Hazards Administration (OSHA). Burning of industrial waste materials in open fires shall be prohibited at all times.

(10)

Radio Waves or Electrical Disturbances. No activities shall be permitted which emit radio waves or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.

[Ord. No. 8-9-2005, 8/9/2005, § 420]

All junkyards or auto salvage operations created after the effective date of this chapter shall comply with the provisions outlined below, as well as all other municipal regulations which may be in effect, including the Hemlock Township Junkyard Ordinance [Chapter 13, Part 4], and any subsequent amendments thereto. Where however there is a conflict between the provisions of this chapter and the requirements of the Hemlock Township Junkyard Ordinance, or any subsequently enacted amendments thereto, the more restrictive provisions shall apply. Such facilities may be permitted only in those zoning districts and as specified in the District Regulations, Part 3.

Such uses shall be conducted within a building or shall be entirely enclosed with a fence or wall not less than eight feet in height and made of a suitable, permanent material. In addition, a buffer yard of 50 feet shall be provided around the entire perimeter of the facility to maintain adequate separation between the junkyard and adjacent uses. No part of this buffer yard may be used for the storage of any materials or parts associated with the operation. All buffer areas shall also be screened in accordance with the requirements set forth in § 27-507 of this chapter.

No junk material, accessory structure, related activity or other enclosure shall be stored, placed, located or conducted within 50 feet of any public street right-of-way, body of water, stream or wetland, or any adjoining property line. No weeds or scrub growth over eight inches in height shall be permitted to grow within this setback area. And, where determined appropriate by the Township Supervisors, the applicant may be required to prepare and submit a soil erosion and sedimentation control plan for his facility.

All junk materials shall be placed so that they are incapable of being transported off the premises by wind, water, or other natural causes.

All junk shall be stored or arranged so as to permit access by firefighting equipment and to prevent the accumulation of water. No junk shall be piled to a height exceeding eight feet.

All gasoline and oil shall be drained from junked vehicles prior to being accepted at the facility. All hazardous or toxic materials, including Freon and antifreeze shall be drained from appliances prior to their acceptance at the facility.

No oil, grease, tires, gasoline or other similar material shall be burned at any time, and all other burning shall be controlled at all times.

All junkyards shall be maintained in such a manner to avoid causing public or private nuisances; causing any offensive or noxious odors; or causing the breeding or harboring of rats, flies, or other vermin that could be hazardous to public health.

[Ord. No. 8-9-2005, 8/9/2005, § 421]

Mineral extraction operations, including the commercial excavation of sand, gravel, clay, shale, rock or other natural mineral deposit as may be defined by state or federal regulations, may be permitted only where specified in the District Regulations, Part 3. All such operations shall comply with Pennsylvania Department of Environmental Protection's and applicable federal permit requirements and evidence of such compliance must be submitted with any application for a mineral extraction operation. In addition, the following standards shall be met. (Where, however, the requirements of this chapter conflict with any state or federal law or regulation, such state or federal regulation shall prevail.)

Mineral extraction operations shall abut on or provide direct access to a street or highway capable of accommodating heavy trucks and employee traffic. Truck access to any excavation site shall be arranged to minimize danger to traffic and nuisance to surrounding properties. Where access to a state highway is proposed, a copy of the applicant's PennDOT-issued highway occupancy permit shall be provided to the Township as a part of the extraction plan submission.

A copy of the applicant's soil erosion and sedimentation control plan, reviewed and approved by the County Conservation District, or other designated agency, shall be submitted to the Township to indicate what precautions are to be taken to avoid erosion and sedimentation problems where excavation is proposed. All exposed ground surfaces shall be stabilized or protected with a vegetative cover to prevent erosion, unless other erosion control techniques are approved as part of the above-referenced plan.

Screen plantings, buffering, and/or fencing shall be provided along the perimeter of the excavation site as may be required by state or federal regulations. Where not specifically regulated by state or federal standards, a buffer yard of 150 feet and screening in accordance with § 27-507 of this chapter shall be provided. In addition, in the case of open excavation, a fence, at least eight feet in height, shall completely surround the excavated area, except at approved points of ingress and egress. Points of ingress and egress shall have a gate(s) which shall be locked to prevent unauthorized access when the facility is not in operation.

Where not specifically regulated by state or federal standards, no extraction activities, stockpiling or storage of extracted material shall be located within the required buffer (see paragraph .C above), nor less than 500 feet from a Residential District or 300 feet from any stream, body of water or designated wetland area. Further, no stockpiles may exceed 50 feet in height above the original ground surface. All reasonable precautions shall be taken to prevent any materials deposited on stockpiles from being washed, blown, or otherwise transported off the site by natural forces.

Where permitted, rock crushers, batching or mixing plants, or other grinding, polishing or cutting machinery shall be setback a minimum of 150 feet from all property lines and public rights-of-way. Such facilities shall not exceed 65 feet in height and shall be subject to such additional conditions and safeguards deemed necessary by the Township Supervisors to protect the public health, safety and welfare.

The applicant shall submit a copy of the state or federally mandated post-closure site restoration plans to the Township as a part of the application for a mineral extraction operation.

The applicant shall provide evidence that all required governmental approvals have been granted prior to the issuance of a zoning permit. In the event the mining operation is found to be in violation of any governmental regulations which require the operation of the facility to cease, such action shall cause the zoning permit to be forfeited. In this case, no resumption of facility operations shall take place unless and until the applicant obtains approval of a new zoning permit application.

[Ord. No. 8-9-2005, 8/9/2005, § 422]

Irrespective of the specific uses listed or permitted in any of the Township's zoning districts, existing agricultural programs shall be permitted and encouraged as an interim use until such time as the property owner sells or transfers his property interests to persons, agents or others interested in developing a use in conformance with the District Regulations set forth in Part 3. All agricultural uses initiated after the effective date of this chapter shall however be subject to the following safeguards and regulations.

General Agricultural Use Regulations. The following general regulations shall apply to all agricultural uses regardless of the zoning district in which they may be located:

(1)

Private gardens shall be permitted in all zoning districts.

(2)

Commercial animal husbandry may be permitted as a principal and/or accessory use only in the Agricultural District. (See also paragraph .B below regarding concentrated animal feeding operations.) Household pets are exempt from these regulations.

(3)

Buildings in which livestock or poultry are to be housed (temporarily or permanently) shall be set back at least 100 feet from all property lines and dwellings (other than the owner's residence). All other agricultural buildings shall be set back in accordance with the standards established in the District Regulations, Part 3.

(4)

No outdoor feedlot, agricultural compost, manure or other similar unenclosed storage shall be located closer than 100 feet to any property line, stream, water body, or designated wetland area.

(5)

Nothing contained in this chapter shall prohibit a farmer from carrying out normal farming activities, including the spreading of manure. For all agricultural operations abutting nonagricultural zoning districts however, all manure must be turned under within 24 hours of its application.

(6)

Chickens shall be permitted for private use in all zoning districts, with the following conditions:

[Added by Ord. No. 03-09-2021, 3/9/2021]

(a)

In Urban Residential (UR) and Suburban Residential (SR) Zoning Districts, a maximum of six chickens may be kept on less than half an acre, and a maximum of six chickens may be kept per each additional half acre.

(b)

No roosters shall be allowed in Urban Residential (UR) or Suburban Residential (SR) Zoning Districts.

(c)

Coops shall be erected no less than 10 feet from any property line and are not permitted in the front yard of any property.

Concentrated Animal Feeding Operation Regulations. Concentrated animal feeding operations (CAFO) may be permitted only where specified in the district regulations, Part 3. All new or expanded CAFO's shall require conditional use approval from the Township Supervisors prior to the issuance of a zoning permit In addition, all applications for CAFO's shall satisfy the following criteria.

(1)

All concentrated animal feeding operations shall meet the requirements set forth in the Pennsylvania Nutrient Management Regulations, 3 Pa.C.S.A. § 501 et seq., for the preparation and submission of nutrient management plans. In particular, all such operations shall meet the standards established in the Nutrient Management Regulations pertaining to nutrient application, manure management, and manure storage facilities.

(2)

All applications to the Township for new or expanded concentrated animal feeding operations shall include the following information:

(a)

A detailed, written description of the type and size of operation being proposed.

(b)

A site plan illustrating the proposed location of all outdoor feedlots, animal confinement buildings, manure storage facilities, and manure application areas, and their relation to existing occupied dwellings (other than the owner's residence).

(c)

A copy of the applicant's nutrient management plan, reviewed and approved by the County Conservation District, designated nutrient management specialist, or other appropriate agency.

At a minimum, buildings in which livestock and/or poultry are to be housed (temporarily or permanently) shall be erected at least 100 feet from all property lines and dwellings (other than the owner's residence). Where however, more restrictive setback requirements are established in the nutrient management regulations, then those standards shall apply.

No manure storage facilities shall be permitted to be located within a designated floodway. Where located within a designated flood fringe or general floodplain area, all such structures shall be elevated or floodproofed to meet the requirements of § 27-603 of this chapter.

The applicant shall prepare and show the ability to comply with an odor abatement plan for all aspects of the proposed activity. Recognition must be given by the Township that concentrated animal feeding operations produce odors, but the applicant's plan shall show what steps are to be taken to abate the odors associated with the operation.

[Ord. No. 8-9-2005, 8/9/2005, § 423]

Temporary or permanent roadside stands or shelters may be permitted only in those zoning districts and as specified in the District Regulations, Part 3. All applications for such uses shall also meet the standards outlined below. (See also § 27-434 regarding other temporary uses):

Temporary stands shall not exceed 400 square feet in size and shall be removed from the site during the season(s) when they are not in use for the sale or display of products.

Where a temporary roadside stand is established, a minimum of five off-street parking spaces, located outside of the adjoining street right-of-way, shall be provided. The standards set forth in § 27-801, Table 27-8-1, of this chapter shall apply to all permanent facilities.

Temporary stands shall be set back at least 20 feet from the edge of the adjoining street right-of-way and at least 50 feet from any intersection. Permanent stands shall meet the setback requirements set forth in the District Regulations for structures in the district where they are to be located.

Seasonal zoning permits shall be required for temporary roadside stands.

All signs used to advertise such facilities shall meet the requirements set forth in Part 7 of this chapter.

Accessory roadside stands located in the Rural Residential and Agricultural Districts shall be limited to the sale of farm, nursery, or greenhouse products.

[Ord. No. 8-9-2005, 8/9/2005, § 424]

Seasonal dwellings or hunting camps may be permitted only in those zoning districts and as specified in the district regulations [Part 3]. All applications for such uses shall also meet the requirements outlined below:

Every lot to be utilized for a seasonal dwelling or hunting camp shall meet the minimum area and yard requirements set forth in the District Regulations, Part 3.

Every seasonal dwelling or hunting camp shall be provided with adequate sewage disposal and water supply systems subject to the applicable rules and regulations of the Pennsylvania Department of Environmental Protection. Satisfactory evidence that all necessary permits of this type have been issued shall be submitted to the Township as part of an application for such a use.

No seasonal dwelling or hunting camp shall be converted to a permanent, full-time dwelling unit unless the same conforms to all applicable Township codes and ordinances. Where seasonal structures are proposed for conversion to full-time occupancy, all foundation and gross floor area requirements contained in § 27-403 of this chapter shall be met and adequate sewage and water supply systems must be provided.

Where such uses are proposed to be located within an identified flood fringe or general floodplain area, all requirements regarding floodproofing contained in. Part 6 of this chapter shall be met.

No more than one permanent seasonal dwelling or hunting camp shall be erected or placed on one lot, unless such structures are part of an approved land development.

Recreational vehicles, campers, travel trailers, motor homes, or other similar units may be used as seasonal dwellings or hunting camps subject to the following standards. (No buses, trucks, truck trailers, or similar vehicles or parts of vehicles may however be permitted as seasonal dwellings or hunting camps.)

(1)

Units to be Placed in a Floodplain. Recreational vehicles or similar units to be placed on a lot in any floodplain district shall meet the following requirements:

(a)

A seasonal zoning permit shall be required for all such units to be placed on a lot in any identified floodplain in the Township for more than seven consecutive days. Such permits shall be renewed annually.

(b)

Such units may only be placed or situated on their site from April 1 to October 1 of each year and shall be removed from the floodplain during the remainder of the year.

(c)

Such units shall remain on wheels and shall be capable of being towed or transported from the site at all times.

(d)

A workable evacuation plan shall be submitted to the Township as part of the application for the seasonal zoning permit indicating how the unit will be removed from the site if there is a threat of flooding or a flood warning is issued.

(e)

Each application for a seasonal zoning permit shall include: 1) an indication of the sewage facilities to be used by the unit or 2) an executed arrangement for dumping at a state-approved dump station.

(2)

Units to be Located Outside of a Floodplain. Recreational vehicles or similar units to be placed on a lot outside of a floodplain shall meet the following requirements:

(a)

A seasonal zoning permit shall be required for all such units to be placed on any lot in the Township for more than 30 days in any calendar year. Such permits may be issued for up to 180 days, but must be renewed annually.

(b)

All such units must be removed from the site during the off-season.

(c)

(d)

One additional camping unit may be permitted to visit the site of the original unit periodically during the life of the seasonal permit so long as adequate lot space is available to accommodate both units and all required off-street parking, and adequate arrangements can be made for sewage disposal.

[Ord. No. 8-9-2005, 8/9/2005, § 425]

Outdoor commercial recreation uses, including campgrounds, RV parks, golf courses, golf driving ranges, sporting clays or skeet shooting ranges, ski resorts, and similar activities, may be permitted only in those districts and as specified in the District Regulations, Part 3. Applications for such uses shall also meet the requirements outlined below.

A plan showing the proposed facilities and/or design of the recreational facility shall be provided by the applicant with his zoning permit application.

All buildings, structures, and/or active recreation facilities shall be located at least 50 feet from all property lines and shall be screened in accordance with the standards set forth in § 27-507 of this chapter.

Sewage disposal facilities, when proposed, shall be provided by the applicant in accordance with the standards of the Pennsylvania Department of Environmental Protection and applicable local sewage regulations.

Arrangements for the collection, storage and disposal of all solid wastes generated by the facility shall be made by the applicant and submitted to the Township for approval as part of the application process.

Off-street parking facilities shall be provided in accordance with the requirements of Part 8 of this chapter.

Outdoor security lighting provided for the facility shall be installed and shielded to eliminate direct glare on adjacent properties or upon public streets.

No public address system shall be permitted, except where such system will be inaudible at all property lines.

The proposed hours, rules, and security arrangements for the facility shall be included with the application for the use. Consideration shall be given not only to the convenience of the users, but the convenience, safety and welfare of the neighborhood or area in which the facility is to be located.

Where the proposed activity involves a use which presents a potentially hazardous situation, such as a trap, skeet, or sporting clays range, additional safeguards or precautions shall be taken by the applicant to ensure the safety of the public. In all such instances, the Zoning Hearing Board shall review the precautions being proposed and shall determine their adequacy before granting approval to the proposed use.

In addition to meeting the standards set forth above, applications for campgrounds or RV parks shall also meet the requirements contained in the Hemlock Township Subdivision and Land Development Ordinance [Chapter 22]. Furthermore, a campground or RV park proposed to be situated in any identified floodplain area must meet the floodplain management requirements established in Part 6 of this chapter.

[Ord. No. 8-9-2005, 8/9/2005, § 426]

For the purposes of this chapter, utility supply facilities shall include those facilities, buildings, and structures constructed and maintained by municipal or governmental agencies, public utilities, public/private cooperatives, or public service organizations, which are necessary for the provision of utility services to the general public, such as electric or telephone substations, sewer or water pumping stations, sewage treatment plants, natural gas metering and flow control devices, and related equipment, but excluding commercial communications antennas and towers. Such facilities shall meet the following standards:

There shall be no specific minimum lot size or lot width requirements applied to these uses. Each application shall be evaluated on a case-by-case basis by the Township Supervisors as they review the conditional use application. Appropriate setback and building coverage requirements, designed to protect the public health, safety, and welfare, will be determined at that time.

Utility supply facilities shall be designed and constructed to be compatible with the general character (appearance and structural material) of the other structures within the district in which they are located.

Structures may be permitted for the housing of transformers, pumps and similar equipment, but shall house only that equipment that is necessary to provide normal maintenance and repair for the systems. Office space may only be provided in the General Commercial and Interchange Commercial Districts, and service centers may only be located in the Industrial District.

Where, in the opinion of the Township Supervisors, potential safety hazards exist with such facilities, additional precautions (such as buffering, screening, or fencing) may be required.

Outdoor or unenclosed storage yards associated with utility supply facilities may only be situated in the Industrial District. Such storage areas shall be secured with a fence and shall be shielded from view by the use of screen planting. In addition, where adjacent land use dictates, in the opinion of the Supervisors, buffer yards of 25 feet or more may also be required to provide sufficient separation between uses. (See also §§ 27-506 and 27-507 of this chapter.)

[Ord. No. 8-9-2005, 8/9/2005, § 427]

Communications antennas, towers, and/or receiving equipment buildings may be permitted only in those zoning districts and as specified in the District Regulations, Part 3. Applications for such uses shall also be subject to the standards outlined below, as well as all other applicable state or federal regulations. Residence mounted satellite dishes and television reception devices, and ham or citizen band radio antennas may be located in any zoning district as an accessory use and shall not be subject to further regulation by this chapter.

General Requirements.

(1)

No person or entity shall construct, install or otherwise operate a commercial communications antenna or erect a communications tower or equipment building without first securing a zoning permit from the Township Zoning Officer, except as provided above.

(2)

The applicant shall provide sufficient documentation that is it licensed by the Federal Communications Commission (FCC) to operate a communications tower and/or antennas. The applicant shall also demonstrate that all antennas proposed to be mounted on such towers will comply with the applicable standards established by the FCC governing human exposure to electromagnetic radiation, and that any proposed tower will comply with all Federal Aviation Administration (FAA), Commonwealth Bureau of Aviation, and applicable airport zoning regulations.

(3)

The applicant shall demonstrate that the proposed antennas will not cause radio frequency interference with other communications facilities located in or adjacent to the Township.

(4)

Within 30 days after a change of ownership of any communications antenna, tower, or equipment building, the new owner shall notify the Township in writing of such ownership change.

(5)

No provision of this section is intended to unduly restrict or impair communications activities conducted by any FCC-licensed individual or entity. In the event that it is determined that any provision of this section would unlawfully restrict the exercise of a license issued by the FCC, the Supervisors of Hemlock Township shall have the power and authority to modify the terms of this section as they apply to such license holder. Relief under this section shall however be authorized on a case-by-case basis, and any such application shall be considered as a conditional use.

Building-Mounted Communications Antennas. Communications antennas may be mounted to any existing building or structure in the General Commercial, Interchange Commercial, or Industrial District subject to the following standards:

(1)

Building-mounted communications antennas shall not be located on any single-family, duplex, or multifamily dwellings, but may be attached to government or municipal buildings, water tanks, agricultural buildings, electrical transmission poles or towers, or other nonresidential buildings.

(2)

Building-mounted antennas shall not exceed 15 feet in height above the building to which they are attached. Omnidirectional or whip antennas shall not exceed a height of 20 feet and a diameter of seven inches. Directional or panel antennas shall not exceed five feet in height and three feet in width.

(3)

Any applicant proposing to mount a communications antenna on a building or other structure shall submit evidence to the Township from a registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or structure, considering wind and other loads associated with the antenna's location.

(4)

Building-mounted antennas shall be located on those building elevations which do not face public rights-of-way, and shall not project more than three feet from the vertical face of the building to which they are attached.

(5)

Applicants for building-mounted antennas shall submit evidence to the Township that all necessary agreements and/or easements have been secured to provide access to the building or structure on which the antenna is located.

Communications Towers and Tower-Mounted Antennas. Communications towers and antennas mounted on those towers may be located in the Agricultural District subject to the following standards:

(1)

Any applicant proposing construction of a new communications tower shall provide documentation to the Township which demonstrates need for the tower in the proposed location. Such documentation shall include, but need not be limited to, coverage diagrams and technical reports prepared by a qualified professional engineer indicating that the proposed location is necessary to achieve the desired coverage and that co-location on an existing tower, building or structure is not possible. (See also subparagraph (2) below for additional co-location requirements.)

(2)

Any applicant proposing construction of a new communications tower shall document that a good faith effort has been made to obtain permission to mount the communications antennas on an existing building, structure or communication tower. A good faith effort shall require that all owners of potentially suitable structures within a 1/4 mile radius of the proposed tower site be contacted and that one or more of the following reasons applies for not selecting such structure.

(a)

The proposed antennas and related equipment would exceed the structural capability of the existing structure and its reinforcement cannot be accomplished at a reasonable cost.

(b)

The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that structure and the interference could not be prevented at a reasonable cost.

(c)

Such existing structures do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.

(d)

Addition of the proposed antennas and related equipment would result in electromagnetic radiation from the structure exceeding applicable standards established by the FCC governing human exposure to such radiation.

(e)

A commercially reasonable agreement could not be reached with the owners of such structure.

(3)

A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot meeting the minimum lot size requirements for the district in which the tower is to be located. Joint use of a site shall be prohibited, however, when an existing or proposed use involves the storage, distribution, or sale of volatile, flammable, explosive or hazardous materials such as propane, gasoline, natural gas, or dangerous chemicals.

(4)

The maximum height of any communications tower shall be 180 feet measured from the ground elevation around the tower to the highest point on the tower, including antennas mounted thereon, unless the applicant can demonstrate, to the satisfaction of the Township Zoning Hearing Board, that a greater height is necessary to perform the intended function.

(5)

The foundation and base of any communications tower shall be set back from all property lines and public street rights-of-way a distance equal to or greater than the intended height of the tower.

(6)

All tower applicants shall provide evidence that at least one antenna contract agreement has been secured to locate on the proposed tower. In addition, the tower shall be designed to accommodate at least four antennas, and shall allow for future rearrangement of antennas or the acceptance of antennas mounted at varying heights.

(7)

All communications towers shall be designed and constructed in accordance with currently accepted engineering practices, taking into consideration all relevant safety factors including, but not limited to, wind forces. All guy wires associated with communications towers shall be clearly marked so as to be visible at all times and shall be located within the required fenced enclosure. The applicant shall supply the Township with certification from a registered professional engineer indicating that such practices will be met.

(8)

Towers and antennas located thereon shall be finished with a non-reflective surface treatment. Materials used in such construction shall not detract from the appearance of the area surrounding the tower. Where possible, applicants are encouraged to design or camouflage towers as trees, farm buildings, or other natural features. (See also subparagraph (12) below for landscaping requirements.)

(9)

The site of a communications tower shall be secured by a fence with a minimum height of eight feet to limit accessibility by the general public. All towers shall be fitted with anti-climbing devices approved by the manufacturer for the type of installation proposed.

(10)

No tower or antenna located thereon shall be illuminated except as may be required by the FAA or FCC, in which case the Township may review the available lighting options and approve the design that would cause the least disturbance to surrounding uses and views.

(11)

No signs shall be mounted on a communications tower, except as may be required and approved by the FCC, FAA, or other governmental agency and the Township. No advertising is permitted on a tower or antenna, or other building or structure accessory thereto.

(12)

The tower and any antennas located thereon shall be located, designed, and screened to blend in with the existing natural or built surroundings so as to minimize visual impacts and to achieve compatibility with neighboring residences and the character of the community to the extent feasible. In addition, the base of the tower shall be landscaped to screen the foundation, base, and equipment building from abutting properties.

(13)

Access to the communications tower and/or equipment building shall be provided by means of a public street or private right-of-way or easement to a public street. Any such right-of-way or easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet for its entire length.

(14)

The applicant shall submit a copy of his FCC license, together with the name, address and emergency telephone number of the operator of the communications tower, and a certificate of insurance evidencing general liability coverage in the amount of $1,000,000 per occurrence and property damage coverage in the amount of $1,000,000 per occurrence covering the tower and antennas thereon, with a $3,000,000 aggregate.

(15)

The tower shall be regularly maintained and inspected for structural safety at least annually by a properly qualified professional. The owner of the tower shall submit such inspection report to the Township by June 30 of each year as a condition of permit approval.

(16)

The Township may require a tower removal performance bond be posted by the owner to ensure removal of the tower should it become abandoned or is no longer used to support communication antennas. When required, such bond shall be in an amount no less than 20% of the cost of the tower and shall remain with the Township for the life of the tower. Any change in the status of the bond must be reported to the Township by the applicant within 30 days.

(17)

If a communications tower remains unused for a period of 12 consecutive months, the Township may consider the use abandoned and may therefore instruct the Zoning Officer to issue a notice to the tower owner to dismantle and remove the facility and associated equipment from the site within six months following the date of the notice. Municipal enforcement proceedings and procedures to invoke use of a tower removal bond may be initiated following the six-month period if the tower has not been satisfactorily removed.

Communications Equipment Buildings. Communications equipment buildings may be permitted as an accessory use to any communications tower located within the Township and shall be subject to the following standards:

(1)

Structures permitted for the housing of equipment, transformers, and other similar hardware, shall be designed and constructed to be compatible with the general character of the other structures located within the same district, and shall be subject to the setback requirements provided in the District Regulations for the district where they are to be located. Such structures shall house only that equipment necessary to provide normal maintenance and repair for the operations, and shall generally be unmanned.

(2)

Communications equipment buildings shall be subject to the maximum height requirements of the district in which they are to be located.

[Ord. No. 8-9-2005, 8/9/2005, § 428; as amended by Ord. No. 11-11-2014, 11/11/2014]

Where not prohibited by deed restrictions or other covenants or agreements restricting the use of land, no-impact home-based businesses and other home occupations may be permitted subject to the following requirements:

No-Impact Home-Based Businesses. No-impact home-based businesses may be permitted in all Districts subject to the following standards:

(1)

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

(2)

The business activity shall be conducted entirely within the owner's dwelling and may occupy no more than 25% of the floor area of the residence, not to exceed a total of 400 square feet.

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

The business shall not involve any customer, client, or patient traffic, whether vehicular or pedestrian, pick-up, delivery, or removal functions to or from the premises in excess of that normally associated with a residential use.

(9)

The business shall not involve any illegal activity.

Home Occupations. Home occupations meeting the following standards may be located with the Rural Residential, Suburban Residential, Urban Residential, or Agricultural Zoning Districts.

(1)

The home occupation shall be dearly secondary to the use of the principal residential nature or use of the dwelling where it is to be located.

(2)

In the SR and UR District, the area devoted to the permitted home occupation shall be located within the resident's dwelling; no detached, accessory structure(s) may be used. In the RR or A Districts, the area devoted to the permitted home occupation may be located within the owner's dwelling or a single building accessory thereto. (Any such accessory building located in an RR District shall not contain more than one-half the gross floor area of its principal building, nor shall any such accessory building located in an A District exceed the size of its principal building.)

(3)

The home occupation shall occupy no more than 25% of the gross floor area of the dwelling, and in the SR and UR Districts, shall not exceed 400 square feet in size. (No maximum gross floor area standards shall apply to family day care homes or to accessory group day care homes.)

(4)

The home occupation shall be owned and operated by the individual who is the owner and resident of the dwelling in which the occupation is located. There shall be no more than one nonresident employee engaged in the home occupation.

(5)

The home occupation shall in no way alter the residential character of the neighborhood where it is to be located, nor shall it in any way adversely affect the safety of individual properties in that neighborhood.

(6)

The home occupation shall not create any adverse impact on existing vehicular traffic or pedestrian circulation patterns in the neighborhood. In the SR and UR Districts, no home occupation shall be permitted where manufactured products or materials are delivered to or distributed from the residence.

(7)

No offensive or objectionable noise, vibration, smoke, dust, odor, heat or glare shall be produced or detected at or beyond the property line of the lot containing the home occupation.

(8)

There shall be no exterior display or sign advertising the home occupation, except as may be permitted in Part 7 of this chapter, and no outdoor, unenclosed storage of materials associated with the occupation on the site.

(9)

Off-street parking spaces shall be provided for home occupations as set forth in Part 8 of this chapter.

(10)

The majority of all goods or products sold on the premises must be produced on the site, or must be related to a service offered on the site.

(11)

Permitted home occupations shall include the following "low-intensity," service-oriented activities which do not meet the criteria for a no-impact, home-based business as set forth above:

(a)

Professional offices for physicians, dentists, architects, engineers, real estate or insurance agents, lawyers, and accountants.

(b)

Home offices for seamstresses, fine artists, tutors, and musicians giving lessons.

(c)

Bather and beauty shops.

(d)

Family day care homes or accessory group day care homes.

(e)

Custom baking and catering operations.

(f)

Small appliance or nonautomotive electronic equipment repair facilities.

(12)

Requests for other home occupations not specified above may be submitted to the Zoning Hearing Board for consideration. Upon finding of the Board that such use complies with the criteria of this section, other applicable codes and ordinances in effect in the Township, and that the proposed use would not be detrimental to the health, safety and welfare of the residents of the neighborhood where it is to be located, such use may be approved.

[Ord. No. 8-9-2005, 8/9/2005, § 429]

Farm-related businesses may be permitted as accessory uses in the Agricultural District, subject to the following requirements:

For the purposes of this chapter, a farm-related business shall be defined as an accessory commercial enterprise conducted on a farm parcel which is related to and/or supportive of an ongoing agricultural operation located on the same tract of ground. All such operations shall remain secondary to the principal agricultural use of the property.

Farm-related businesses shall be conducted entirely within an enclosed building(s) typical of farm buildings, but may not be located within the farm residence. All buildings used for farm-related businesses shall be located in proximity to other farmstead buildings and must remain compatible with the character of the farm and the rural setting in which they are located.

The farm-related business must be owned and operated by the individual who is the owner and resident of the farm on which it is located. There shall be no more than two nonresident employees engaged in the business.

The area devoted to production, storage and sales associated with the farm-related business shall be limited to a total of 2,500 square feet of gross floor area.

No outdoor, unenclosed storage associated with a farm-related business shall become a nuisance or create a safety hazard. All such storage shall meet the requirements set forth in § 27-432 of this chapter.

All signs used to advertise such facilities shall meet the requirements of Part 7 of this chapter.

Off-street parking spaces shall be provided for each farm-related business as set forth in Part 8 of this chapter.

Farm-related businesses may include, but need not be limited to, any of the following activities:

(1)

Processing, storage, and/or sale of products raised or produced on the premises.

(2)

Dairy stores.

(3)

Custom butcher shops.

(4)

Horticultural nurseries, greenhouses, and/or garden shops.

(5)

Feed or seed sales.

(6)

Tack shops or blacksmithing operations.

(7)

Livestock or animal grooming services.

Requests for other farm-related businesses not specified above may be submitted to the Zoning Hearing Board for consideration. Upon finding of the Board that such use complies with the criteria of this section, other applicable codes and ordinances in effect in the Township, and that the proposed use would not be detrimental to the health, safety and welfare of the residents of the neighborhood where it is to be located, such use may be approved.

[Ord. No. 8-9-2005, 8/9/2005, § 430]

Private Swimming Pools. Private swimming or bathing pools (pools used by the occupant and his/her guests) may be permitted as accessory uses in all zoning districts, except the Industrial District, but shall be subject to the following requirements:

Every outdoor private swimming pool, whether above or below ground, shall be completely surrounded by a fence or wall not less than four feet in height to prevent uncontrolled access. (No additional fence or wall shall be required where a minimum of four feet of the walls around the entire perimeter of the pool are located above the ground; provided, that steps, ladders and other means of access to the pool are removed or secured to a minimum of four feet above ground level when the pool is not in use.) All gates or doors in the fence or wall shall have self-latching or automatic locking devices.

[Amended by Ord. No. 03-09-2021, 3/9/2021]

A dwelling or accessory structure may be used as part of the required enclosure.

The pool shall not be located within any required front yard. In addition, pools shall be set back in accordance with the side and rear yard requirements established in Part 3, the District Regulations, for the district in which they are to be located. (See also § 27-505, Subsection 2, regarding accessory structures.)

[Amended by Ord. No. 03-09-2021, 3/9/2021]

Public Swimming Pools. Public swimming or bathing pools, including pools owned and operated by municipal governments, private organizations, or pools provided in conjunction with commercial lodging facilities, mobile home parks, or similar uses, may be permitted only as specified in the District Regulations, Part 3. Such pools shall be subject to all requirements established by the Pennsylvania Department of Environmental Protection and the Pennsylvania Department of Health.

[Ord. No. 8-9-2005, 8/9/2005, § 431]

The outdoor or unenclosed storage of materials, equipment, or items of personal property may be permitted as an accessory use on any lot, in all zoning districts in the Township, but shall be subject to the following standards:

Such storage shall be located on a lot occupied by the owner of the materials or items of personal property.

Such storage shall not constitute a nuisance nor create of safety hazard.

No storage shall be permitted in any front yard and shall be situated so as to meet the applicable side and rear yard setback requirements for the district in which it is to be located.

No part of a street right-of-way, sidewalk or other area intended or designated for pedestrian use, and no required parking area shall be used for such storage.

No flammable or explosive liquids, solids, or gases shall be stored in bulk above ground, except those directly connected to heating devices, appliances located on the same premises, or facilities authorized to sell or distribute such products.

All materials or wastes which might cause fumes or dust or which constitute a potential fire hazard or which may be attractive to rodents or insects shall be stored only in properly closed and sealed containers.

In Commercial and Industrial Districts, all outdoor, unenclosed storage areas shall be screened or shielded from view from any public street or right-of-way by a fence, wall, or screen plantings as provided in § 27-507 of this chapter.

No outdoor, unenclosed storage shall be permitted in a Floodway District. Where permitted with a Flood Fringe or General Floodplain District, all such storage shall be floodproofed to avoid being transferred from the site during times of flooding.

[Ord. No. 8-9-2005, 8/9/2005, § 432]

Warehousing and/or storage facilities accessory to an approved, principal use may be permitted in the General Commercial, Interchange Commercial, and Industrial Districts, but shall be subject to the following standards:

The total gross floor area of all accessory warehousing or storage facilities shall be no more than one-half of the gross floor area of the principal structure.

Accessory warehousing and storage may also include temporary facilities for container or trailer storage. Such storage shall be limited to one such unit for each 25,000 square feet of gross floor area (or portion thereof) in the principal commercial or industrial facility; and, may be permitted to be located on a site for up to 90 days in any six-month period. Applications for the use of all such units at a single commercial or industrial location must be submitted at the same time.

Where permitted, temporary container or trailer storage units shall be situated on ground level and may not be stacked. Such units may not however occupy any off-street parking or loading areas, or fire lanes required by this chapter or other regulations governing the principal use. Further, all such units shall be locked or otherwise secured when not in use to prevent uncontrolled access.

There shall be no residential or commercial use of any accessory warehousing or storage facilities with the exception that shipping containers shall be permitted as accessory storage containers in the Agricultural District.

[Amended by Ord. No. 03-09-2021, 3/9/2021]

No accessory storage facilities shall be permitted in front of their principal structure and shall be further situated to meet the applicable side and rear yard setback requirements of the district in which they are to be located.

Shipping containers shall be permitted as accessory storage containers in the Agricultural District, subject to the following standards:

[Added by Ord. No. 03-09-2021, 3/9/2021]

Shipping containers shall meet the setback requirements, as an accessory building in the Agricultural District, and must be placed on concrete, asphalt, or a level, compacted surface.

Shipping containers shall not be stacked above the height of a single container.

Shipping containers shall not be used for any advertising purpose and shall be kept clean of all alpha-numeric signage and writing.

Shipping containers shall not be located in the front yard of the principal structure of the property.

Shipping containers shall not occupy required off-street parking, loading, rights-of-way, or landscaping areas.

All containers shall have the appropriate placard(s) and the property owner shall possess on site the safety data sheet(s) in accordance with "NFPA 704: Standard System for the Identification of the Hazards of Materials for Emergency Response" from the U.S.-based National Fire Protection Association.

Shipping containers are required to be fenced or screened from residential neighborhoods adjacent to the property unless other measures are employed by the property owner to mitigate the visual impacts of such containers.

The total gross floor area of all shipping containers shall not be more than 1/2 of the gross floor area of the principal structure.

[Ord. No. 8-9-2005, 8/9/2005, § 433; as amended by Ord. No. 11-11-2014, 11/11/2014]

Outdoor Cultural, Religious, Amusement, or Sporting Events. Temporary uses such as carnivals, circuses, fairs, festivals, or other outdoor cultural, religious, amusement or sporting events may be permitted as a special exception in the General Commercial, Interchange Commercial, and Agricultural Districts in the Township. A temporary zoning permit, valid for no more than 14 days, shall be required for any such activity. All such uses shall be subject to the following standards:

If the temporary use is to take place on land not owned by the applicant, the applicant shall present a written statement from the owner of the property in which he agrees to the temporary use of his property.

The applicant shall provide sufficient insurance coverage to adequately protect the Township against any damage, accident or other claim resulting from the event. Evidence of such insurance shall be submitted as a part of the permit application.

The site of such temporary use shall not be left unattended by the applicant or agents of the applicant at any time during which the use is located on the site. The applicant shall be responsible for all crowd control and for maintaining the event on the approved site.

The application shall include a pedestrian and vehicular circulation plan assuring the safe movement of people and materials into, around and away from the proposed site.

The applicant shall address all potential noise that may be generated by the proposed activity. His application shall include an indication of the maximum amplification to be used to broadcast all aspects of the event.

The application shall include an indication of the hours of operation of all aspects of the event. No part of any event shall be permitted to operate after midnight, or at any other time which the Township may deem inappropriate.

Information concerning water supply and sewage disposal facilities to be used shall be presented to the Township by the applicant with assurance from the Pennsylvania Department of Environmental Protection that these arrangements are adequate.

Any solid waste generated by the temporary use, including trash, litter, and garbage, shall be collected and disposed of in an acceptable fashion by the applicant. The applicant shall submit a proposed plan for such collection and disposal to the Township as a part of his application for such use.

The applicant shall assure the Township that all vendors intending to dispense food or beverages to the public will be properly licensed or approved by the Pennsylvania Department of Health to do so.

No more than 10% of required parking spaces may be covered. Application by the applicant indicating adequate parking space is provided to the existing property. Assurance shall be given to the Township by the applicant that there is adequate space to satisfy the parking demands that will be generated by the use and that adequate traffic control precautions will be taken.

All wagons, tents, temporary structures, animals and any other materials brought to the site, as well as all debris or refuse generated by the event, shall be removed by the applicant within the time limit stated on the temporary permit and prior to vacating the site.

The Zoning Officer shall note on the temporary permit or attach to the permit application, information that demonstrates that the applicant has agreed to or complies with all requirements of this section. The Zoning Officer shall inspect the site as often as necessary to ensure that the provisions of the permit are adhered to.

Mobile Homes or Construction Site Trailers. Mobile homes providing temporary quarters, either for residential, commercial, or industrial uses, or construction site trailers may be authorized by the Zoning Officer, but only for limited periods of time. When so authorized, such units shall be subject to the following standards:

A temporary zoning permit shall be required, and when issued, shall indicate the specific period of time for which the authorization is granted. No temporary permit for such uses shall be issued for a period of time exceeding six months, except as provided in paragraph .B below.

The Zoning Officer may authorize an extension to or renew the temporary permit for as many as two additional six month periods, if in the Zoning Officer's opinion, the applicant encountered unforeseen circumstances in carrying out the operation for which the original temporary permit was issued; or if the permit covered residential use, the refusal of an extension would cause an undue hardship to the applicant.

Information concerning water supply and sewage disposal facilities to be used shall be presented by the applicant as part of his zoning permit application, along with assurance from the Pennsylvania Department of Environmental Protection or Township Sewage Enforcement Officer that these arrangements are adequate.

All such mobile homes shall be removed from the site by the applicant upon expiration of the permit at no cost to the Township.

Mobile homes shall not be placed in the Floodway District. Every such unit to be placed in the Flood Fringe or General Floodplain District must comply with all applicable provisions contained in Part 6 of this chapter.

Temporary Permits for Lot or Tent Sales. Parking lot or temporary tent sales may be permitted in General Commercial, Interstate Commercial and Industrial Districts in the Township. A temporary zoning permit shall be required for any such activity. All such uses shall be subject to the following standards:

No temporary permits for such uses shall be issued for a period of time exceeding 45 days, no more than three times in any calendar year, with no more than two in any six-month period.

Temporary uses shall meet the minimum setback requirements for the zoning district in which they are to be located.

All such uses must follow the regulations set forth in Subsection 1.

Other Temporary Uses. Other low-impact or no-impact temporary uses deemed beneficial to the public health or general welfare of the Township residents or necessary to promote proper development of the municipality, including yard sales, garage or porch sales, flea markets or auctions may be permitted to be located in any zoning district in the Township. No zoning permit shall be required for these uses or activities. Temporary uses shall however be subject to the following standards (See also § 27-424 for requirements for temporary roadside stands):

All such temporary uses shall be limited to three continuous days no more than two times in any calendar year. Indoor mall events are not limited.

[Amended by Ord. No. 12-12-2017, 12/12/2017]

Temporary uses shall meet the minimum setback requirements for the zoning district in which they are to be located.

If the temporary use is to take place on a lot or land not owned by the applicant, the applicant shall obtain written permission of the owner of the property to conduct the proposed activity.

Adequate off-street parking shall be provided to accommodate the proposed temporary activity.

All temporary uses located within an identified one-hundred-year floodplain shall be completely removed from the floodplain by the user if there is a threat of flooding or a flood warning is issued.

[Ord. No. 8-9-2005, 8/9/2005, § 434; as added by Ord. No. 11-11-2014, 11/11/2014]

Wind energy facilities may be permitted only in those districts and as specified in the "District Regulations," Part 3. Applications for such uses shall also be subject to the standards outlined below, as well as all other applicable state or federal regulations. Stand-alone wind turbines constructed primarily for residential or farm use may be located in any zoning district as an accessory use and shall not be subject to further regulation by this chapter.

Permit Requirements.

(1)

No person or entity shall construct, install, or otherwise operate a wind energy facility without first securing a zoning permit from the Township Zoning Officer, except as provided above.

(2)

Any physical modification to an existing and permitted wind energy facility that materially alters the size, type and number of wind turbines or other equipment shall require a permit modification under this chapter. Like- kind replacements shall not require a permit modification.

(3)

No person or entity shall begin decommissioning a wind energy facility without first securing a zoning permit from the Hemlock Township Zoning Officer.

[Added by Ord. No. 03-09-2021, 3/9/2021]

Permit Application. At a minimum, the application shall contain the following:

(1)

A narrative describing the proposed wind energy facility, including an overview of the project; the project location; the approximate generating capacity of the wind energy facility; the approximate number, representative types and height or range of heights of wind turbines to be constructed, including their generating capacity, dimensions and respective manufacturers, and a description of ancillary facilities.

(2)

An affidavit or similar evidence of agreement between the property owner and the facility owner or operator demonstrating that the facility owner or operator has the permission of the property owner to apply for necessary permits for construction and operation of the wind energy facility.

(3)

Identification of the properties on which the proposed wind energy facility will be located, and the properties adjacent to where the wind energy facility will be located.

(4)

A site plan showing the planned location of each wind turbine, property lines, setback lines, access road and turnout locations, substation(s), electrical cabling from the wind energy facility to the substation(s), ancillary equipment, buildings, and structures, including permanent meteorological towers, associated transmission lines, and layout of all structures within the geographical boundaries of any applicable setback.

(5)

Documents related to decommissioning.

(6)

Other relevant studies, reports, certifications and approvals as may be reasonably requested by Hemlock Township to ensure compliance with this chapter.

Design and Installation.

Design Safety Certification. The design of the wind energy facility shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanishcer Llloyd Wind Energies, or other similar certifying organizations.

Uniform Construction Code. To the extent applicable, the wind energy facility shall comply with the Pennsylvania Uniform Construction Code, 34 Pa. Code §§ 403.1 — 403.142.

[Amended by Ord. No. 03-09-2021, 3/9/2021]

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

Electrical Components. All electrical components of the wind energy facility shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.

Visual Appearance; Power Lines.

(1)

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

(2)

Wind energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

(3)

Wind turbines shall not display any signage.

(4)

On-site transmission and power lines between wind turbines shall, to the maximum extent practicable, be placed underground.

Warnings.

(1)

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

(2)

Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.

Climb Prevention/Locks.

(1)

Wind turbines shall not be climbable up to 15 feet above ground surface.

(2)

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

Setbacks.

Occupied Buildings.

(1)

Wind turbines shall be set back from the nearest occupied building a distance not less than the normal setback requirements for that zoning classification or 1.1 times the turbine height, whichever is greater. The setback distance shall be measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.

(2)

Wind turbines shall be set back from the nearest occupied building located on a non-participating landowner's property a distance of not less than five times the hub height, as measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.

Property Lines. All wind turbines shall be set back from the nearest property line a distance of not less than the normal setback requirements for that zoning classification or 1.1 times the turbine height, whichever is greater. The setback distance shall be measured to the center of the wind turbine base.

Public Roads. All wind turbines shall be set back from the nearest public road a distance of not less than 1.1 times the turbine height, as measured from the right-of-way line of the nearest public road to the center of the wind turbine base.

Waiver of Setbacks.

Property owners may waive the setback requirements in Subsection 3A(2) (occupied buildings on non-participating landowner's property) and Subsection 3B (property lines) by signing a waiver that sets forth the applicable setback provision(s) and the proposed changes.

The written waiver shall notify the property owner(s) of the setback required by this chapter, describe how the proposed wind energy facility is not in compliance, and state that consent is granted for the wind energy facility to not be set back as required by this chapter.

Any such waiver shall be recorded in the Recorder of Deeds Office for the County where the property is located. The waiver shall describe the properties benefitted and burdened, and advise all subsequent purchasers of the burdened property that the waiver of setback shall run with the land and may forever burden the subject property.

Upon application, the Township may waive the setback requirement for public roads for good cause.

Use of Public Roads.

The Applicant shall identify all state and local public roads to be used within the Township to transport equipment and parts for construction, operation or maintenance of the wind energy facility.

The Township's Engineer or a qualified third party engineer hired by the Township and paid for by the applicant, shall document road conditions prior to construction. The engineer shall document road conditions again 30 days after construction is complete or as weather permits.

Hemlock Township will require the facility owner to bond all roadways utilized in the development, construction, maintenance, and decommissioning of the project in accordance with Chapter 15, Part 3, Motor Vehicle Weight Limitation and Bonding, of the Hemlock Township Code of Ordinances.

[Amended by Ord. No. 03-09-2021, 3/9/2021]

Any road damage caused by the applicant or its contractors shall be promptly repaired at the applicant's expense.

The applicant shall demonstrate that it has appropriate financial assurance to ensure the prompt repair of damaged roads.

Local Emergency Services.

The applicant shall provide a copy of the project summary and site plan to local emergency services, including paid or volunteer fire department(s).

Upon request, the applicant shall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for the wind energy facility.

Noise and Shadow Flicker.

Audible sound from a wind energy facility shall not exceed 55 dBA, as measured at the exterior of any occupied building on a nonparticipating landowner's property. Methods for measuring and reporting acoustic emissions from wind turbines and the wind energy facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 - 1989 titled "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems," Volume I: First Tier.

The facility owner and operator shall make reasonable efforts to minimize shadow flicker to any occupied building on a non-participating landowner's property.

Waiver of Noise and Shadow Flicker Provisions.

Property owners may waive the noise and shadow flicker provisions of this chapter by signing a waiver of their rights.

The written waiver shall notify the property owner(s) of the sound or flicker limits in this chapter, describe the impact on the property owner(s), and state that the consent is granted for the wind energy facility to not comply with the sound or flicker limit in this chapter.

Any such waiver shall be recorded in the Recorder of Deeds Office of the County where the property is located. The waiver shall describe the properties benefitted and burdened, and advise all subsequent purchasers of the burdened property that the waiver of sound or flicker limit shall run with the land and may forever burden the subject property.

Signal Interference. The applicant shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television or similar signals, and shall mitigate any harm caused by the wind energy facility.

10.

Liability Insurance. There shall be maintained a current general liability policy covering bodily injury and property damage with limits of at least $1 million per occurrence and $1 million in the aggregate. Certificates shall be made available to the Township upon request.

11.

Decommissioning.

The facility owner and operator shall, at its expense, complete decommissioning of the wind energy facility, or individual wind turbines, within 12 months after the end of the useful life of the facility or individual wind turbines. The wind energy facility or individual wind turbines will presume to be at the end of its useful life if no electricity is generated for a continuous period of 12 months.

Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities.

Disturbed earth shall be graded and re-seeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.

An independent and certified professional engineer shall be retained to estimate the total cost of decommissioning ("decommissioning costs") without regard to salvage value of the equipment, and the cost of decommissioning net salvage value of the equipment ("net decommissioning costs"). Said estimates shall be submitted to the Township after the first year of operation and every fifth year thereafter.

The facility owner or operator shall post and maintain decommissioning funds in an amount equal to net decommissioning costs; provided, that at no point shall decommissioning funds be less than 25% of decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or federal or commonwealth chartered lending institution chosen by the facility owner or operator and participating landowner posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business within the commonwealth and is approved by the Township.

Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to the Township.

If the facility owner or operator fails to complete decommissioning within the period prescribed by Subsection 11A, then the landowner shall have six months to complete decommissioning.

If neither the facility owner or operator, nor the landowner complete decommissioning within the periods prescribed by Subsection 11A and G, then the Township may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating landowner agreement to the Township shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Township may take such action as necessary to implement the decommissioning plan.

The escrow agent shall release the decommissioning funds when the facility owner or operator has demonstrated and the Township concurs that decommissioning has been satisfactorily completed, or upon written approval of the Township in order to implement the decommissioning plan.

12.

Public Inquiries and Complaints.

The facility owner and operator shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project.

The facility owner and operator shall make reasonable efforts to respond to the public's inquiries and complaints.[1]

[1]

Editor's Note: Former Subsection 13, Remedies, which immediately followed this subsection, was repealed by Ord. No. 03-09-2021, 3/9/2021.

[Added by Ord. No. 03-09-2021, 3/9/2021]

Solar energy facilities may be permitted only in those districts and as specified in the District Regulations, Part 3. Applications for such uses shall also be subject to the standards outlined below, as well as all other applicable state or federal regulations. Accessory solar energy systems (ASES) or stand-alone solar arrays or solar roof panels constructed primarily for residential or individual use may be located in any zoning district as an accessory use and shall not be subject to further regulation by this chapter.

Permit Requirements for PSES Solar Energy Facilities.

(1)

No person or entity shall construct, install, or otherwise operate a principal solar energy system (PSES), solar energy facility, without first securing a zoning permit from the Hemlock Township Zoning Officer.

(2)

Any physical modification to an existing and permitted solar energy facility that materially alters the size, type, and number of solar collectors or other equipment shall require a permit modification under this chapter. Like-kind replacements shall not require a permit modification.

(3)

No person or entity shall begin decommissioning a PSES, solar energy facility, without first securing a zoning permit from the Hemlock Township Zoning Officer.

Permit application. At a minimum, the application shall contain the following:

(1)

A narrative describing the proposed solar energy facility, including an overview of the project; the project location; the approximate generating capacity of the solar energy facility; the approximate number, representative types and height or range of heights of solar collectors to be constructed, including their generating capacity, dimensions, and respective manufacturers; and a description of ancillary facilities.

(2)

(3)

Identification of the properties on which the proposed solar energy facility will be located, and the properties adjacent to where the solar energy facility will be located.

(4)

A site plan showing the planned location of the solar collectors, property lines, setback lines, access road and turnout locations, substation(s), electrical cabling from the solar energy facility to the substation(s), ancillary equipment, buildings and structures, associated transmission lines, and layout of all structures within the geographical boundaries of any applicable setback.

(5)

Documents Related to Decommissioning.

(6)

Other relevant studies, reports, certifications, and approvals as may be reasonably requested by Hemlock Township to ensure compliance with this chapter.

Design and Installation.

Design Safety Certification. The design of the solar energy facility shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters' Laboratories or other similar certifying organizations.

Uniform Construction Code. To the extent applicable, the solar energy facility shall comply with the Pennsylvania Uniform Construction Code, 34 Pa. Code §§ 403.1 through 403.142.

Electrical Components. All electrical components of the solar energy facility shall conform to relevant and applicable local, state, and national codes, and relevant and applicable international standards.

On-site transmission and power lines between solar collectors shall, to the maximum extent practicable, be placed underground.

Glare.

(1)

All PSES shall be placed such that concentrated solar radiation or glare does not project onto nearby structures or roadways.

(2)

The applicant has the burden of proving that any glare produced does not have a significant adverse impact on neighboring or adjacent uses either through siting or mitigation.

Safety/Warning Signage. Appropriate safety/warning signage concerning voltage shall be placed at ground-mounted electrical devices, equipment, and structures. All electrical control devices associated with the PSES shall be locked to prevent unauthorized access or entry.

Signage. No signage other than the manufacturer's name/identification shall be on equipment.

Fencing. Prior to construction of the collectors, the facility owner shall install and thereafter maintain a security fence around the entire perimeter of the solar energy facility, which shall be between six and 10 feet in height.

Setbacks. Solar collectors, inverters, and any other structures constructed or located in the developed area shall comply with principal structure setback requirements of the district. Where adjacent tracts, whether under the same or different ownership, are being developed for a PSES by the same developer, under the same lease terms, property line setback requirements between these adjacent properties may be zero feet from the property boundary, provided the adjacent owners submit in writing, to Hemlock Township, that these adjacent parcel owners wish to have zero-feet setbacks from their adjacent property lines imposed on this PSES development.

Use of Public Roads.

The applicant shall identify all state and local public roads to be used within Hemlock Township to transport equipment and parts for construction, operation, maintenance, and decommissioning of the solar energy facility.

The Hemlock Township Engineer, or a qualified third-party engineer hired by Hemlock Township and paid for by the applicant, shall document road conditions prior to construction or decommissioning. The Engineer shall document road conditions again 30 days after construction or decommissioning is complete, or as weather permits.

The facility owner shall be required to bond all roadways utilized in the development, construction, maintenance, and decommissioning of the project in accordance with Chapter 15, Part 3, Motor Vehicle Weight Limitation and Bonding, of the Hemlock Township Code of Ordinances.

Any road damage caused by the applicant or its contractors shall be promptly repaired at the applicant's expense.

The applicant shall demonstrate that it has appropriate financial assurance to ensure the prompt repair of damaged roads.

Local Emergency Services.

The applicant shall provide a copy of the project summary and site plan to local emergency services, including paid or volunteer fire departments.

Upon request, the applicant shall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for the solar energy facility.

Liability Insurance. There shall be maintained a current general liability policy covering bodily injury and property damage with limits of at least $1,000,000 per occurrence and $1,000,000 in the aggregate. Certificates shall be made available to Hemlock Township upon request.

Decommissioning.

The facility owner and operator shall, at its expense, complete decommissioning of the solar energy facility, or individual solar collectors, within 12 months after the end of the useful life of the facility or individual solar collectors. The solar energy facility will presume to be at the end of its useful life if no electricity is generated for a continuous period of 12 months.

Decommissioning shall include removal of solar panels or collectors, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities.

Disturbed earth shall be graded and re-seeded, unless the property owner requests in writing that the access roads or other land surface areas not be restored.

An independent and certified professional engineer shall be retained by the facility owner and operator to estimate the total cost of decommissioning ("decommissioning costs") without regard to salvage value of the equipment and the cost of decommissioning net salvage value of the equipment ("net decommissioning costs"). Said estimates shall be submitted to Hemlock Township after the first year of operation and every fifth year thereafter.

Hemlock Township may require the facility owner or operator to post and maintain decommissioning funds in an amount equal to net decommissioning costs at any time. Upon receipt of the second five-year estimation of decommissioning costs, the facility owner or operator shall post and maintain decommissioning funds in an amount equal to net decommissioning costs, provided that at no point shall decommissioning funds be less than 25% of decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or federal or commonwealth chartered lending institution chosen by the facility owner or operator and participating property owner posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business within the commonwealth and is approved by Hemlock Township.

Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee, or other form of financial assurance as may be acceptable to Hemlock Township.

If the facility owner or operator fails to complete decommissioning within the period prescribed by Subsection 6A, then the property owner shall have six months to complete decommissioning.

If neither the facility owner or operator, nor the property owner, completes decommissioning within the periods prescribed by Subsection 6A and G, then Hemlock Township may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating property owner agreement to Hemlock Township shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors, and assigns, that Hemlock Township may take such action as necessary to implement the decommissioning plan.

The escrow agent shall release the decommissioning funds when the facility owner or operator has demonstrated, and Hemlock Township concurs, that decommissioning has been satisfactorily completed, or upon written approval of Hemlock Township in order to implement the decommissioning plan.

Public Inquiries and Complaints.

The facility owner and operator shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project.

The facility owner and operator shall make reasonable efforts to respond to the public's inquiries and complaints.