Township of Penn, PA Part 4 USE REGULATIONS AND SUPPLEMENTAL CRITERIA

§ 27-401 Purpose and Applicability.

[Ord. No. 2022-01, 1/10/2022]

The purpose of this Part is to supplement the regulations found in Part 2, with additional requirements applicable to specific uses regardless if these uses are permitted by right, conditional use, or special exception. The applicant shall be required to demonstrate compliance with these standards and must furnish whatever evidence is necessary to demonstrate such compliance. All uses must comply with the standards expressed within the underlying district, unless those standards expressed for each special exception or conditional use specify different standards; in such cases, the specific use standards contained herein shall apply.

§ 27-402 Additional Requirements for Specific Uses.

[Ord. No. 2022-01, 1/10/2022; Ord. No. 2024-03, 6/10/2024]

The Table in § 27-202 lists where various uses are allowed in different zoning districts. The following are additional requirements that apply to specific uses, in addition to the regulations that apply to the Township as a whole and the regulations of the zoning district. Additional requirements for many types of accessory uses are provided in § 27-302.

1. Accessory Dwelling Unit (ADU) For Relative.

A. The ADU shall either: 1) be of portable construction, in which case it shall be limited to a maximum of 900 square feet of floor area, or 2) be constructed as an addition or within part of the principal dwelling on the lot. A plan shall be submitted showing the location and exterior appearance of the unit. If the unit is not designed to be relocated from the property after it is no longer needed for the approved purpose, then the application shall describe how the ADU is intended to be reused as part of the principal dwelling afterwards, if an eligible relative is no longer living in the unit.

B. The total building coverage for the principal dwelling, any existing accessory structures, and the ADU together shall not exceed the maximum lot coverage requirement for the respective district.

C. The ADU shall be occupied by a maximum of two people, at least one of whom is: 1) at least 50 years old or disabled, and 2) is related to the occupants of the principal dwelling by blood, marriage, or adoption. The unit shall have a maximum of two bedrooms.

D. Utilities.

(1) For sewage disposal and water supply, the ADU shall be physically connected to those systems serving the principal dwelling, except as provided in Subsection 1D(2) below for a septic system. Any central water and sewage connection shall meet the requirements of the water and sewage provider.

(2) If on-site sewer or water systems are to be used, the applicant shall submit evidence to the Township showing that the total number of occupants in both the principal dwelling and the ADU will not exceed the maximum capacities for which the existing systems were designed, after any proposed improvements. Any use, expansion, replacement or addition to an on-site sewer system shall be subject to the approval of the Sewage Enforcement Officer. Connection to a second septic system or well is permissible only when necessary to meet DEP regulations or to provide adequate water yield.

E. A minimum of one all-weather, off-street parking space, with ingress and egress to the street, shall be provided for the ADU, in addition to spaces required for the principal dwelling.

F. The ADU shall be installed and located to the side or rear of the principal dwelling, and shall adhere to all side and rear yard setback requirements for principal uses.

G. If the ADU is of portable construction, such unit shall be removed from the property within three months from the time it is no longer occupied by a person who qualifies for the use. However, if the lot is sold, the ADU shall be removed within the lesser of three months after it is no longer occupied by a person who qualifies for the use or the sale of the property. If the new owner of the property receives Township approval for allowed occupancy by a relative, then the ADU may continue in place.

H. Upon the proper installation of the ADU, the Zoning Officer shall issue a temporary zoning permit. Such permit shall be reviewed every 12 months until such time as the ADU is required to be removed. A fee, in the amount to be set by the Board of Supervisors, shall be paid by the landowner upon each renewal of the temporary zoning permit. Such fee shall be based upon the cost of the annual review of the permit.

I. Prior to the final issuance of a zoning permit, the applicant is required to enter into an agreement with the Township which shall also be binding upon future owners of the property and shall be required to be recorded. Such agreement shall state that the accessory dwelling unit was only approved as a temporary dwelling, and that the applicant will comply with the requirements of this section to remove the ADU or convert the building space to be part of the principal dwelling unit if the requirements of this section are no longer met.

2. Adult Use.

A. An adult use shall not be permitted to be located within 1,000 feet of any other adult use.

B. No adult use shall be located within 600 feet of any residential use or land zoned V, RM or SR.

C. No establishment shall be located within 600 feet of any parcel of land which contains any one or more of the following specified land uses:

(1) Amusement park.

(2) Campground that primarily serves minors.

(3) Child day-care facility.

(4) Place of worship or other similar religious facility.

(5) Community center.

(6) Park or playground.

(7) Primary or secondary school.

D. Measurement. The distance between any two adult uses shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of each establishment. The distance between any adult uses and any land use specified above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior property line of the adult use to the closest point on the property line of said land use.

E. No adult materials, merchandise, or film shall be exhibited or displayed outside of an enclosed building.

F. Any structure used for an adult use shall be designed to not allow views of any adult material, displays or activities from outside of the building or from a street or another lot.

G. No sign shall be erected upon the premises pictorially depicting or giving a visual representation of the type of activities, materials, merchandise or film offered therein.

H. Each entrance to the premises shall be posted with a notice specifying that persons under the age of 18 years are not permitted to enter therein and warning all other persons that they may be offended upon entry.

I. No adult use may change to another adult use, except upon approval of an additional special exception use.

J. The use shall not create an enticement for minors because of its proximity to nearby uses where minors may congregate.

K. No unlawful sexual activity or conduct shall be permitted.

L. No more than one adult use may be located within one building or shopping center.

M. The use shall not be open to customers or patrons between the hours of 12:00 midnight and 7:00 a.m.

N. The use shall prove compliance with all applicable state laws regarding adult uses.

O. The owner shall appoint a manager who is based on-site or within a fifteen-mile radius of the adult use. Such manager shall have the authority to allow inspections by Township officials and police and shall be authorized by the owner to accept enforcement notices and other legal papers from the Township. The legal name, mailing address, physical address and daytime phone number of that manager shall be provided to the Zoning Officer, and any change shall be provided to the Zoning Officer in writing within 24 hours.

3. Adaptive Reuse of Existing Buildings on Historic Farmsteads.

A. Purposes. These provisions recognize that there are historic barns and other agricultural buildings that may no longer be needed for agricultural purposes and which may also be located near an older farm dwelling. The intent is to allow new uses of these buildings, particularly in a way that maintains the historic features.

B. Within buildings built before 1945 within an historic farmstead, the following additional uses may be approved as permitted-by-right uses, if there is conformance with the additional requirements of this section: bed-and-breakfast inns, two-dwelling units, offices, museums, art galleries, retail sale of custom arts and crafts (such as, but not limited to, pottery, glassware, weaving, framing, florist, furniture making, and millwork), personal service uses, and day-care facilities.

C. All applicable parking requirements shall apply, unless the applicant can demonstrate to the Zoning Hearing Board as a special exception that because of existing site conditions, the proposed use, or other factors, the applicable parking requirements should not apply. For any new dwelling unit, the parking requirements shall be 1.5 spaces for each one-bedroom residential unit and two spaces for each residential unit with two or more bedrooms.

D. All off-street parking, loading areas and trash dumpsters shall be screened from adjoining residential properties.

E. The applicant shall obtain any necessary land development approvals.

F. The applicant shall provide a description of any proposed demolition or exterior alteration of buildings built before 1945. It is only necessary to describe alterations that will be visible from a public street. The alterations shall be compared to the Secretary of the Interior's Standards for Historic Rehabilitation and accompanying federal guidelines.

G. As a special exception use, the Zoning Hearing Board may approve higher densities than those permitted elsewhere in the Township if the applicant provides evidence that such density is necessary to allow sensitive reuse of an historic building. In such case, the dwellings shall still meet the minimum habitable floor area requirements of § 27-307 of this chapter.

H. If the applicant proves to the Zoning Officer that a suitable permanent easement will be provided and that a driveway will provide suitable access for emergency vehicles, then it is not necessary to prove compliance with § 27-309 regarding street access.

4. Agritourism Enterprise.

A. Purposes: to allow for incidental business and educational opportunities that relate to the primary use of a farm by helping to interpret the agricultural heritage of Lancaster County.

B. Permitted Activities. Permitted-by-right agritourism enterprises include, but are not limited to: U-Pick produce operations, winery tours and tastings, corn mazes, animal rides, petting zoos, farm-related interpretive facilities and exhibits, and agriculturally related day camps. The activity(ies) shall be accessory to an operation engaging in agriculture, as defined within this chapter. Educational tours of an agricultural facility are not regulated by this chapter.

(1) As a special exception use, occasional accessory music concerts, weddings and similar special events shall be allowed if limited to a maximum total of 20 days per calendar year if within a conservation, AG or residential district. Such activities shall not generate noise heard on another property between the hours of 10:00 p.m. and 8:00 a.m. This provision shall not allow banquet facilities.

C. Site Plan Requirements.

(1) Applicants shall submit a sketch plan identifying the location of the enterprise operations, including, but not limited to, structures, existing and proposed driveways, access drives, off-street parking areas, and location of bathroom facilities, where applicable. The sketch plan does not have to be prepared by a professional, but shall be to scale.

(2) A land development plan, prepared in accordance with Chapter 22, Subdivision and Land Development, shall be required for applications proposing the construction of a nonagricultural nonresidential permanent building. When required, the land development plan is subject to the approval procedures set forth in Chapter 22.

D. Off-Street Parking. The applicant shall provide a reasonable explanation as to how the number and type of spaces provided will meet the needs of the use.

E. Bathroom Facilities. Bathroom facilities shall be provided in accordance with DEP and UCC requirements.

F. Sales. Agricultural products may be sold in accordance with the provisions in § 27-302 for retail sales of agricultural products as an accessory use. All prepared food available for sale shall be prepared in accordance with applicable health regulations.

G. Signs. Any sign used for an agritourism enterprise shall not exceed 10 square feet in size and shall comply with any other applicable standards in § 27-313.

H. Minimum lot area: 10 acres for any use that typically attracts more than 100 persons per day, other than educational activities and U-Pick activities.

I. The use shall not include: a) devices that shoot pumpkins or other items into the sky if they generate noise beyond the property line, or b) amusement park mechanical rides.

5. Airport/Heliport.

A. Minimum lot area: 30 acres for an airport, and 15 acres for a heliport.

B. All facilities shall be designed and operated in strict compliance with all applicable state and federal laws and regulations.

C. The applicant shall furnish evidence of having obtained all required licenses and/or approvals from the PennDOT Bureau of Aviation prior to the issuance of a Township construction permit.

D. The end of an airport takeoff/landing strip shall not be located closer than 300 feet from any lot line, and the sides of the takeoff/landing strip and any taxiways shall not be less than 200 feet from any other lot line. The edge of a heliport shall not be located less than 300 feet from any residential zoning district and not less than 200 feet from any other lot line.

6. Amusement Arcade.

A. All activities shall take place within a completely enclosed building.

B. The applicant must furnish evidence as to how the use will be controlled so as to not constitute a nuisance due to noise or loitering outside the arcade.

C. A minimum of one parking space for each 80 square feet of gross leasable floor area shall be provided. In addition, any accessory uses (e.g., snack bar) shall also require parking to be provided in accordance with the schedule listed in § 27-310.12 of this chapter.

D. A working plan for the cleanup of litter shall be furnished and implemented by the applicant.

7. Anaerobic Digester.

A. Anaerobic digesters shall be permitted as an accessory use to agricultural uses when livestock and poultry manure generated on-site is used to generate and supply electrical or thermal power exclusively for on-site use by the agricultural and/or farm use, except that when such agricultural use or farm is connected to a public utility, net metering shall permitted in accordance with state law.

B. Anaerobic digesters shall meet the dimensional requirements of the AG District.

C. Generation above and beyond that described in Subsection 7A above shall be considered a principal use, subject to the following conditions:

(1) The minimum front, side and rear yard setbacks shall be a minimum of 200 feet.

(2) Such facility shall be separated from any residences or residentially zoned land, place of worship, or a primary or secondary school by a minimum of 500 feet.

(3) A traffic impact study meeting the requirements of Chapter 22, Subdivision and Land Development, shall be conducted by a professional engineer and be submitted to the Township. Such study shall provide analsysis of whether the proposed routes for trucking are suitable for the intended loads, and are suitable for minimizing hazards and nuisances for residents.

(4) Accessory structures, including meteorological equipment, storage silos, antennas and other structures not customarily intended for human occupation, shall have a maximum height of 50 feet and meet the setbacks for the principal buildings.

(5) Accessory structures shall be located to the side or rear of the principal building(s).

(6) All equipment and processing shall take place within an enclosed structure.

(7) There shall be no outdoor storage of biomass materials, or other materials or equipment.

(8) The applicant shall provide a detailed description of the nature of the on-site activities and operations, the types of materials stored, used and generated, the frequency and duration of period for storage of materials and the methods for use and disposal of materials of the proposed use, and a complete land development application shall be submitted to the Township.

D. General Requirements.

(1) The applicant shall address and document performance standards for siting to minimize impacts on neighboring properties, which shall include odor, prevailing wind patterns proximity to nonagricultural properties, operational noise, and specific hours of operation. The applicant shall describe measures that will be put in the place to avoid noxious odors that are discernable on other properties and to avoid the emission of other harmful gases.

(2) All systems shall be designed and constructed in compliance with DEP regulations, and all applicable local, state and federal codes and regulations. Copies of all such approvals shall be submitted prior to occupancy.

7A. Apartment Above Commercial. See "Mixed-Use Building."

8. Auto Auction Facility (which may include boat or recreational vehicle auctions).

A. Auto auction facilities shall have the following minimum setback requirements, which shall supersede any other setback requirements in this chapter:

(1) Front yard: 15 feet from the edge of the right-of-way.

(2) Side yard: 10 feet.

(3) Rear yard: 20 feet.

(4) The required minimum front, side or rear yard setback shall be increased to 40 feet along a lot line that abuts or is across the street from land which is residentially zoned or if the auto auction is within 150 feet of an existing dwelling. Plant screening shall also be provided along a lot line that abuts a residential district or is within 150 feet of an existing dwelling.

B. All land within the front, side and rear yard setbacks, except land necessary for access drives, shall be maintained in ground cover and vegetative screening.

C. All exterior areas used for the storage of vehicles, boats, trailers, and similar equipment shall be completely enclosed by a minimum six-foot-high fence and set back a minimum of 30 feet from any right-of-way.

D. All exterior areas used for the storage of vehicles, boats, trailers, and similar equipment which adjoin any lot which is residentially zoned, or used for residential purposes, shall have a continuous visual buffer. The use shall include a buffer with plant screening that meets the requirements of Chapter 22, Subdivision and Land Development. Screening by installation of fences or walls without landscaping shall not be permitted.

E. All street frontages, except for sight distance triangles at required access drives, shall have a continuous visual planting buffer.

F. No outdoor storage of parts, equipment, lubricants, fuel or other materials used or discarded, as part of service or repair operations, shall be permitted.

G. Any ventilation equipment outlets associated with service/repair work areas located within 100 feet of the property line shall not be directed toward any adjoining residentially or agriculturally zoned or used property.

H. The demolition or junking of vehicles, trailers, boats, and other machinery is prohibited.

I. Off-street parking facilities shall be provided for customers of the facility, which shall meet all requirements of § 27-310 of this chapter at the rate of five off-street parking spaces for each vehicle sales lane in the facility.

J. Parking spaces for the storage of vehicles, trailers, boats, or other equipment to be auctioned shall not be required to be marked, provided that such parking and storage compounds shall be improved with an all-weather, dust-free surface.

K. Maximum impervious surface coverage shall be 90%.

L. Stormwater management facilities shall be designed and installed to properly control drainage of stormwater.

M. All lighting shall be designed and constructed so as not to cast glare on adjoining roads and/or properties.

N. The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, litter, dust and pollution.

O. The applicant shall submit and continuously implement a working plan for the cleanup of litter and other debris.

P. All service and/or repair activities shall be conducted within a completely enclosed building.

9. Auto Court.

A. The purpose of this subsection is to encourage the location of a variety of motor-vehicle-related sales and services within a functionally integrated area. Any auto-related use that is permitted by special exception in the applicable district may be approved with one combined special exception application, provided the requirements for each use are met.

B. The subject property shall have its primary access onto an arterial or collector road, or a local street that is designed to carry commercial traffic to an arterial or collector road. All access drives shall be set back at least 200 feet from the intersection of any street right-of-way lines.

C. Minimum lot size: 10 acres.

D. Minimum lot width: 500 feet.

E. Required parking shall be determined through the comparison of specific uses proposed with the schedule listed in § 27-310.12 of this chapter. Furthermore such parking shall also be eligible for a 20% reduction of required spaces, as described in § 27-310.12 of this chapter.

F. Both public sewer and public water facilities shall be utilized.

G. Maximum lot coverage shall be in accordance with the individual zoning district regulations.

H. A traffic impact study meeting the requirements of Chapter 22, Subdivision and Land Development, shall be conducted by a professional engineer and be submitted to the Township.

I. The auto court shall be permitted to erect one planned center sign along each of the center's frontages in accordance with § 27-313.

J. The applicant shall furnish evidence that the disposal of all materials will be accomplished in a manner that complies with all applicable state and federal regulations.

K. The use shall include a buffer with plant screening that meets the requirements of Chapter 22, Subdivision and Land Development.

10. Auto Service Station (Including Minor Incidental Repair).

A. The subject property shall have a minimum width of 125 feet.

B. The subject property shall have its primary vehicle access onto an arterial or collector road.

C. Fuel tanks, fuel sales and fuel dispensing stations shall be set back at least 300 feet from any lot containing a school, day-care facility, playground, library, hospital, place of worship, or a nursing or personal care or assisted living home.

D. The outdoor storage of vehicles that do not display a current state license plate or have a current state registration for more than 45 days is prohibited, unless one of the following is true: a) the vehicle shows a valid state inspection sticker and is actively for sale, b) the vehicle is awaiting an insurance settlement, or c) the vehicle is subject to an abandonment action.

E. All structures (including gasoline pump islands, but not permitted signs) shall be set back at least 30 feet from any street right-of-way line.

F. No outdoor storage of auto parts shall be permitted when the business is not open to customers.

G. Access driveways shall be a minimum of 30 feet wide and separated by 75 feet from one another if located along the same frontage as measured from edge to edge.

H. All ventilation equipment associated with fuel storage tanks shall be set back 100 feet and oriented away from any adjoining residentially zoned properties.

I. Car washes shall meet the regulations contained in § 27-402 for the use.

J. Any outdoor vehicle storage area shall be located to the side or rear of the principal building and shall be provided with a continuous visual buffer along any side or rear lot line which such storage area abuts.

K. Any exterior speaker/microphone/advertising system shall be arranged, have a setback and/or be screened to prevent objectionable noise impact on adjoining properties.

11. Auto Sales, Auto Repair Garage (including Auto Body Shop) or Auto Reconditioning.

A. All major service and/or repair activities shall be conducted within a completely enclosed building.

B. All uses involving drive-through service shall provide sufficient on-site stacking lanes to prevent vehicle backups on adjoining roads.

C. No outdoor storage of parts, equipment, lubricants, fuel or other materials used or discarded, as part of the service or repair operation, shall be permitted.

D. All exterior vehicle storage areas shall be screened from adjoining residentially zoned properties and roads by a continuous visual barrier. Notwithstanding the foregoing, exterior vehicle storage areas containing solely vehicles offered for sale and used for sales of such vehicles do not have to be screened from roads.

E. The outdoor storage of vehicles that do not display a current state license plate or have a current state registration for more than 45 days is prohibited, unless one of the following is true: a) the vehicle shows a valid state inspection sticker and is actively for sale, b) the vehicle is awaiting an insurance settlement, or c) the vehicle is subject to an abandonment action.

F. Any ventilation equipment outlets associated with the service/repair work area(s) shall not be directly toward any adjoining residentially zoned property.

G. All vehicles shall be repaired and removed from the premises promptly.

H. The demolition or junking of vehicles, trailers, boats and other machinery is prohibited.

I. The applicant shall furnish evidence that the disposal of all materials will be accomplished in a manner that complies with all applicable state and federal regulations.

J. All vehicles on the premises shall be parked, stored, or displayed on a paved surface of concrete or bituminous materials, or another dust-free surface, approved by the Board of Supervisors as part of an approved stormwater or land development plan. No vehicle shall be parked or stored within the dedicated right-of-way of any street unless parked within a delineated on-street parking space.

K. The subject property shall have its primary access onto an arterial or collector road, or a local street that is designed to carry commercial traffic to an arterial or collector road.

12. Auto Storage Compound.

A. Any site used for the storage of more than 150 vehicles shall front upon at least one collector or arterial road.

B. All exterior areas used for the storage of motor vehicles shall be completely enclosed by a six-foot-high fence, and shall provide a continuous visual buffer along any street frontage or property which abuts a residentially zoned or residentially used land, and shall meet the setback requirements for the LC District.

C. Areas used for vehicle access or storage located 50 feet or more from the right-of-way are not required to be governed by § 27-310 (off-street parking) of this chapter. However, all storage areas shall include a nonpaved all-weather, dust-free surface.

D. Vehicles may be stored in a horizontally stacked configuration; however, no vehicles shall be located more than 100 feet from a minimum eighteen-foot-wide on-site access drive.

E. All lighting shall be designed and constructed so as not to cast glare on adjoining roads and/or properties.

13. Bed-and-Breakfast Inn.

A. No modifications to the external appearance of the building (except fire escapes or disability access improvements) which would alter its residential character shall be permitted.

B. All floors above grade shall have a permanently affixed direct means of escape to ground level. Such escape shall not be located on the primary facade of the building.

C. One off-street parking space shall be provided for each room available for rent, in addition to those required for the dwelling unit.

D. All parking areas shall be set back a minimum of 10 feet from all property lines and screened from view from the street.

E. A bed-and-breakfast inn may erect one sign no larger than 12 square feet in size, which must be set back 10 feet from all lot lines.

F. Any meals shall be offered only to registered overnight guests.

G. Prior to receiving construction and occupancy permits, the applicant shall furnish evidence that an approved means of sewage disposal and water supply will be used.

14. Boardinghouse.

A. The minimum lot area requirement shall be the minimum lot area for the zoning district or 10,000 square feet, whichever is greater, plus 2,500 square feet per resident beyond the first three residents. A boardinghouse shall house a maximum of 10 persons.

B. The applicant shall furnish evidence that approved systems for sewage disposal and water supply shall be used.

C. No modifications to the external appearance of the building (except fire escapes) which would alter its residential character shall be permitted.

D. All floors above grade shall have a permanently affixed direct means of escape to ground level.

E. One off-street parking space shall be provided for each room available for rent, in addition to those required for the dwelling unit.

F. All parking areas shall be set back a minimum of 10 feet from all property lines and screened from view by adjoining residential properties.

G. One sign, not to exceed six square feet, shall be permitted.

H. The applicant shall furnish evidence of approvals granted by the Pennsylvania Department of Labor and Industry.

15. Campground.

A. Minimum lot size: 10 acres.

B. Setbacks. All campsites shall be located at least 50 feet from any side or rear property line and at least 100 feet from any public street line.

C. Each campsite shall be at least 3,000 square feet in size and shall either provide parking space for one motor vehicle which will not interfere with the convenient and safe movement of traffic, or equivalent parking shall be provided in a common parking area.

D. An internal road system shall be provided. The pavement width of one-way access drives shall be at least 14 feet, and the pavement width of two-way access drives shall be at least 24 feet. On-drive parallel parking shall not be permitted.

E. All outdoor play areas shall be set back a minimum of 100 feet from any property line and screened from adjoining residentially zoned properties. Such outdoor play areas shall be used exclusively by registered guests and their visitors.

F. All campgrounds shall furnish centralized sanitary and garbage collection facilities that shall be set back a minimum of 100 feet from any property line. Such facilities shall be screened from adjoining residentially zoned properties.

G. Any accessory retail or service commercial uses shall be set back a minimum of 100 feet from any property line. Such accessory commercial uses shall be solely designed and constructed to serve the campground's registered guests and their visitors. Any parking spaces provided for these commercial uses shall only have vehicular access from the campground's internal road rather than the public street. All accessory commercial uses and related parking shall be screened from adjoining residentially zoned parcels.

H. All campgrounds containing more than 100 campsites shall have vehicular access to an arterial or collector street.

I. A campground may construct one freestanding or attached sign with a maximum of 32 square feet. Any reference to accessory commercial or recreational facilities shall remain secondary in size to the reference of the principal campground use. Such sign shall be set back at least 10 feet from the street right-of-way line, at least 100 feet from any residential district, and at least 25 feet from adjoining lot lines.

J. A minimum of 20% of the gross tract area of the campground shall be devoted to active and passive recreational facilities. Responsibility for maintenance of the recreation area shall be with the landowner.

K. During operation, every campground shall have an office in which shall be located the person responsible for operation of the campground.

L. All water facilities, sewage disposal systems, restrooms, solid waste disposal and vector control shall be approved and maintained in accordance with the requirements of the DEP.

M. All lighting shall be arranged and shielded so that no glare or direct illumination shall be cast upon adjacent properties or public streets.

16. Car Wash.

A. Public sewer and public water facilities shall be utilized.

B. There shall be an average of one on-site stacking lane for each car wash bay.

C. All structures shall be set back a minimum of 100 feet from any street right-of-way line, 50 feet from any rear property line, and 20 feet from any side lot line.

D. Trash receptacles shall be provided and routinely emptied to prevent the scattering of litter, and the applicant shall furnish and implement a working plan for the cleanup of litter and debris.

E. The subject property shall have access via an arterial or collector road.

17. Cluster (Open Space) Development Option.

A. Purposes: to create a residential development pattern that will: 1) foster the protection of unique and sensitive natural resources such as streams, floodplains, wetlands, steep slopes, woodlands, and wildlife habitat areas, while incorporating them into distinctive neighborhoods; 2) minimize infrastructure costs by concentrating development and therefore reducing the amount of roads and pipes; 3) reduce land development improvement costs and Township road maintenance costs; 4) reduce environmental impacts associated with disturbance of protected natural areas and impervious coverage, such as erosion sedimentation, pollutants in surface water runoff, and decreased groundwater recharge; 5) encourage energy conservation and sustainability in new development; 6) incorporate an efficient pattern of streets, as modified to fit the terrain and minimize site grading; and 7) integrate a hard-surfaced pedestrian and bicycle network system utilizing pathways, local streets and sidewalks into the overall community plan providing for pedestrian and bicycle circulation from one residential neighborhood to another and to various community parks and recreational amenities.

B. Eligibility Criteria. The development tract shall consist of one or more adjacent lots. The lots shall be in common ownership or common equitable ownership at the time of the zoning application, and shall be designed to be developed in a coordinated manner. Consistent with a Township-approved phasing plan that designates responsibilities for infrastructure, individual phases may later be constructed by different entities, consistent with the approved plan.

C. Only housing types that are permitted by right, conditional use, or special exception in the underlying district shall be permitted. The development may also include allowed accessory uses, utilities and allowed open space uses.

D. Permitted Densities.

(1) Densities shall be permitted in accordance with the following table:

District	Base Density	Maximum Density With Density Bonuses or Use of TDR
SR	1	1
V	1	4
RM	3	4.5

(2) Density shall be calculated using the total gross tract area of the development tract, but after deleting 50% of land within the 100-year floodplain.

(3) These densities shall be the maximum permitted for all development tracts meeting the eligibility requirements of Subsection 17B above and are contingent upon the receipt of all relevant permits, as may be required by the DEP, or any other applicable agency.

(4) Maximum densities shall only be obtained through the acquisition of density bonuses in accordance with Subsection 17J below or the receipt of TDR as specified within the individual zoning districts.

E. A minimum of 35% of the gross tract area shall be designated as and devoted to open space, subject to the design requirements of this section and § 27-320.

F. Open Space Design Requirements. The following standards shall be applied to common open space uses:

(1) The location and design of required common open spaces shall be largely determined by a proper site planning process. As the first step in this process, applicants shall be required to prepare a natural and cultural features inventory of the site. From this inventory and plot, it shall be incumbent upon the applicant to demonstrate that the proposed schematic design of the cluster development minimizes disturbance of, but integrates these features into, the common open space within the development. Qualified experts shall identify and plot each of the following resources found on the proposed site:

(a) Identified floodplain areas.

(b) Steep slopes (greater than 15%).

(c) Wetlands, streams, ponds, or other water bodies.

(d) Sinkholes, caves, vistas, or other significant geologic features.

(e) Historic resources.

(f) Significant individual or groups of mature trees.

(g) High Quality Natural Communities or Species of Concern Core Habitats as identified in Greenscapes, Lancaster County's green infrastructure element, and/or Important Natural Heritage Areas identified in the Lancaster County Natural Areas Inventory.

(2) The open space shall be arranged so as to encompass a single land parcel or minimum number of parcels, linked by a common means of circulation and access; and it shall be contiguous to the developed area and not separated from it by existing roads unless safe pedestrian access can be demonstrated. At least 50% of the minimum required open space shall be contained as one contiguous parcel and not bisected by streets, utilities or utility easements, or residential lots. This contiguous parcel shall connect to environmentally sensitive areas or to significant viewsheds to maximize their buffering and protection. If a configuration that does not connect to environmentally sensitive areas, serve a valid recreation purpose, or preserve significant viewsheds is proposed, the applicant shall demonstrate that the proposed open space has been located to serve another valuable public purpose for the community.

(3) Of the minimum amount of common open space required within a cluster development, a minimum of 1/3 shall be used for usable open spaces, including centralized common greens, neighborhood parks, greenways, and golf courses. The remaining area may be reserved for perimeter buffers and conservation areas.

(4) A safe and attractive network of common pedestrian paths shall link developed areas within the proposed development to the common open spaces within the development.

(5) Should a development be proposed at a location contiguous to an existing park or common open space, an area of common open space within the development shall be provided that is contiguous to the existing facility.

(6) The ownership and maintenance of common open space shall be governed by § 27-320 of this chapter. See § 27-320.8 that may allow some of the same areas of land to meet requirements of both this Chapter and Chapter 22, Subdivision and Land Development.

(a) The Township is under no obligation to accept an offer of dedication of open space. The applicant shall prove that there will be a suitable system for the long-term funding, operation and maintenance of the open space, if the Township does not accept a dedication of open space in writing.

(7) Areas proposed to be dedicated to the Township as a park may be located within the common open space, provided that such park complies with the following:

(a) The site shall be located and designed so that safe and convenient access shall be provided to all existing and proposed inhabitants. Additionally, each shall have at least one area available for vehicular access that is no less than 24 feet in width.

(b) The site shall be sized and configured so as to accommodate its intended uses. Sufficient lot width/depth dimension shall be provided so as to accommodate, where practicable, ball fields, courts, and other open play areas. Furthermore, should a development be proposed at a location contiguous to an existing park or common open space, common open space shall be provided as an expansion of or a link to the existing facility.

(c) The site shall have suitable topography and soil conditions for use and development as active play areas. Portions of stormwater management facilities shall only be allowed to count towards the required amount of common open space if the applicant proves that such areas would serve a valuable recreational purpose or serve as a scenic asset, such as resembling a natural lake. Any unimproved site shall be provided with a healthy and vibrant ground cover.

(d) The site shall be located and designed to access public sewage and water utilities where available and appropriate. However, no part of any overhead utility easement, or any aboveground protrusion of an underground utility, shall be permitted in active play areas of the site.

G. Development Area.

(1) The area(s) of the development tract that are not designated as part of the common open space area shall be designated on the plan as development area(s). Development areas are all areas not designated as common open space and include, but are not limited to, building areas, yards, driveways, and roads.

(2) Dwellings and accessory buildings shall be configured so as to:

(a) Be located outside of environmentally sensitive resources, including natural drainage swales; and

(b) Provide maximum views of and access to open space for residents of proposed dwellings.

H. Dimensional regulations.

(1) Minimum Lot Area. For single family detached dwellings: 20,000 square feet in the SR District, and 5,000 square feet in other districts. For other housing types allowed in the applicable district, the lot size of the applicable district shall continue to apply. These lots shall be delineated on the plan in order to evaluate compliance with spacing of this section, but condominium ownership of individual dwellings shall be allowed.

(2) Building Separation Distances. The following separation distances shall apply instead of the minimum side yards and rear yards.

(a) There shall be a minimum of 16 feet between single-family detached and semidetached buildings.

(b) There shall be a minimum of 16 feet between sets of single-family attached units from side to side.

(c) There shall be a minimum of 35 feet between a multifamily building and any of the preceding dwelling unit types.

(d) Dwellings shall be located to have views onto the open space, where feasible.

I. Design Standards. As applicable, the application shall comply with Part 8 of this chapter and Part 10 of the Chapter 22, Subdivision and Land Development.

J. Density Bonuses. The Zoning Hearing Board, as part of the special exception use approval, may approve the following increases in the permitted base densities provided in Subsection 17D(1) above, provided that in no case shall the maximum density be greater than the maximum listed in the same table.

(1) The base density may be increased by one additional dwelling unit per acre where the developer establishes legally enforceable provisions controlling the style of architecture, rooflines and the exterior materials in a manner as to replicate the best features of traditional housing techniques. These techniques may include, but not be limited to, diversity of housing, use of front porches, garage setbacks different from front face of house or garages offset to the rear of the dwelling unit, limited breaks in rooflines, shutters for windows facing a public street, floor plans oriented with narrow widths and longer depths, and overall architectural unity.

18. Commercial Livestock and Poultry Operation, Concentrated Animal Feeding Operation (CAFO) or Concentrated Animal Operation (CAO).

A. The materials and design of floors of buildings shall be described as to the effects they have on waste management.

B. All buildings used for the housing of livestock or poultry shall be equipped with the most advanced technological equipment, machinery, mechanisms, processes and/or devices for the purpose of reducing and/or controlling odors, insects and other environmental and pollution problems.

C. The minimum lot area shall be 10 acres, unless a larger lot size is required by another section of this chapter, and except as provided below for a CAFO or CAO.

D. Any building used for the housing, feeding, or watering of livestock or poultry shall be set back at least 200 feet from all street rights-of-way and property lines; 300 feet from any residential district (RM, SR or V District); and 300 feet from an existing residence within the AG District, except for a residence on the same lot as the commercial livestock or poultry operation, or where the abutting property owner provides a written notarized waiver of the additional setback. Any fence used to enclose an area for the outdoor exercise of livestock or poultry shall be set back at least two feet from all street rights-of-way and 25 feet from property lines; provided, however, if the adjoining property is in active agricultural use, the setback can be reduced to zero feet. It shall be the responsibility of the landowner erecting such fence to accurately locate all applicable property boundaries.

E. The applicant shall furnish qualified evidence that the proposed use has an approved nutrient management plan that complies with 25 Pa. Code, Environmental Protection, and Chapter 83, Subchapter D, Nutrient Management. All subsequent operations on the site shall be required to strictly adhere to this approved nutrient management plan.

F. The applicant shall furnish evidence from the County Conservation District that the proposed use has an approved conservation plan.

G. In addition to the provisions of Subsection 18A through F above, CAFOs or CAOs shall also meet the following regulations:

(1) Minimum lot area shall be 50 acres.

(2) Any area used for the housing, feeding, watering and/or outdoor exercise of livestock or poultry shall be set back at least 200 feet from all street rights-of-way and property lines; 300 feet from any SR, V or RM District; and 300 feet from an existing residence within the AG District, except for a residence on the same lot as the commercial livestock operation or commercial poultry operation, or where the abutting property owner provides a written notarized waiver of the additional setback.

(3) The applicant shall furnish qualified evidence that the proposed use has an approved nutrient management plan that complies with 25 Pa. Code, Environmental Protection, and Chapter 83, Subchapter D, Nutrient Management. All subsequent operations on the site shall be required to strictly adhere to this approved nutrient management plan.

(4) The applicant shall furnish a copy of the current approved concentrated animal operation/concentrated animal feeding operation NPDES permit issued by the DEP or documentation indicating that such an NPDES permit application has been submitted to the DEP for review and approval.

(5) Maximum lot coverage: 15%.

19. Commercial Recreation Facilities.

A. Facilities of greater than 15,000 square feet of gross building floor area or more than five acres of active recreation land shall have access via an arterial or collector road.

B. Those uses involving outdoor activities shall provide sufficient screening and/or landscaping measures to mitigate any visual and/or audible impacts on adjoining properties.

C. Accessory structures may exceed the maximum permitted height so long as they are set back from all property lines at least the horizontal distance equal to their height. Furthermore, such structures shall not be used for occupancy.

D. The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, litter, dust and pollution.

E. Required parking will be determined based upon a combination of the types of activities proposed and the schedule listed in § 27-310.12. In addition, the Zoning Officer may approve a portion of the parking to met with a grass overflow parking area if the applicant proves it will only be needed for occasional peak use periods. Such overflow parking areas shall be accessible only from an approved stone or paved driveway entrance.

F. Any booths or other structures used for the collection of admission and/or parking fees shall be set back and arranged to prevent vehicle backups on adjoining roads during peak arrival periods. Any other collection of fees (roaming parking lot attendants) shall be conducted in a manner to prevent vehicle backups on adjoining roads. If, at any time after the opening of the commercial recreation facility, the Supervisors determine that traffic backups are occurring on adjoining roads, and such backups are directly related to the means of access to the subject property, the Supervisors can require the applicant to revise means of access to relieve the undue congestion.

G. Any outside pedestrian waiting lines shall be provided with a means of shade.

H. Minimum lot size: one acre, except where incorporated into a shopping center.

I. Minimum lot width: 100 feet.

20. Communication Antennas, Towers and Equipment.

A. The following provisions shall apply to new communications tower, antenna and equipment where new towers are allowed under Table 27-202:

(1) All new or replacement towers 150 feet or less in height shall be designed to accommodate at least two communication service providers. All new or replacement towers in excess of 150 feet in height shall be designed to accommodate at least three communication service providers. The height measurements in this section do not include any lightning rod.

(2) All satellite dish antennas of greater than eight feet in diameter that are used to transmit video format data shall be completely enclosed by an eight-foot-high, nonclimbable fence with a self-locking gate that includes signage warnings of dangerous radiation levels.

(3) Equipment buildings accessory to communications antennas shall be a maximum of 250 square feet in area.

B. Abandonment. Any tower that is not operated for a continuous period of six months shall be considered abandoned, and the owner of such tower shall remove the same within 90 days of a receipt of notice from the Township notifying the owner of such abandonment. If such tower is not removed within 90 days, the Township may remove the tower at the owner's expense.

C. Subsection 20J below addresses adding or replacing an antenna on an existing tower. Antennas may also be added by right to an electric transmission line tower, agricultural silo, or a principal industrial or commercial building, provided the antennas do not extend more than 20 feet above the height of the structure or building, except a taller height may be allowed if the antennas are concealed from view from the street.

D. Communication antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

E. Communication antennas shall not cause radio frequency interference with other communication facilities located in Penn Township.

F. A communication equipment building shall be subject to the height and setback requirements of the required district for an accessory structure.

G. The owner or operator of communication antennas shall be licensed by the Federal Communications Commission to operate such antennas.

H. The applicant shall submit testimony on how a new tower will be designed so that it blends in with the surrounding area.

I. The communications equipment building and antenna shall be an accessory use on the property that it is erected.

J. Where a communications tower is in existence or a structure has been previously approved for the location of communications antenna, co-location, modification, and replacement of facilities, as such terms are defined in the Wireless Broadband Collocation Act, Act 191 of 2012,[1] it shall be regulated in accordance with such statute. Such Act generally requires that certain improvements that are not substantial changes (such as certain antennas placed upon an existing tower) must be permitted by right and be approved within a maximum time period. It is the intention of the Township that this chapter be interpreted in a manner to comply with such statute, while requiring an applicant to obtain special exception approval for the initial construction of communications towers.

[1] Editor's Note: See 53 P.S. § 11702.1 et seq.

K. Small Wireless Facility Location Within a Right-of-Way. See the definition of "small wireless facility" in § 27-112, and also the definitions and regulations in the Pennsylvania Small Wireless Facilities Deployment Act of 2021.[2] Communication antennas and accessory equipment for a "small wireless facility," as defined by the Act, shall be permitted within a public street right-of-way in any zoning district, subject to the following:

(1) Co-location.

(a) Antennas and their accessory cabinets shall be located on existing utility poles, light poles, traffic signal poles, or other similar structures, except as provided below. The Township may allow an applicant to replace an existing pole, provided the new pole meets the height limitations established below.

(b) Residentially zoned land and abutting portions of street rights-of-way where electric service lines have been placed underground are hereby designated as underground districts for the purposes of regulating the installation of new posts for small wireless facilities under the State Small Wireless Facilities Deployment Act.

(c) A pole or structure shall not be erected in a new location solely for the purpose of accommodating a communications antenna or its accessory equipment cabinet, unless the applicant provides evidence to the satisfaction of the Zoning Officer that there is no other way to provide service to a geographic area. If a new pole is needed in an area where an existing pole does not exist, the new pole shall be located in an AG, CN, COM, LC, I or Q District, to the maximum extent feasible.

(d) Written permission of the co-location proposal shall be provided from the pole's or structure's owner.

(2) Design and Location Standards.

(a) Equipment cabinets shall be affixed to a pole, except where ground-mounted cabinets are shown to minimize the visual impact upon the surrounding area.

(b) Where equipment cabinets are to be ground-mounted, they shall be set back at least 18 inches from the face of curb, or 48 inches from the edge of pavement where curb is not present. Additionally, the equipment shall not cause any physical or visual obstruction to pedestrian or vehicular traffic or otherwise create safety hazards to pedestrians and/or motorists or otherwise inconvenience use of the public right-of-way as determined by the Township.

(c) Poles and attached equipment shall not exceed a total of 50 feet in height above the ground level, except a maximum total height of 75 feet shall apply in an I or Q District.

(3) Conflicts. The Township may require an applicant to prove that proposed antennas and cabinets in the public right-of-way will not interfere with safe sight distances, pedestrian and wheelchair circulation, other uses of the pole, traffic signals, streetlights and other public services. The Township may require that facilities be removed from a pole if a conflict arises with other uses of the poles, sidewalk or wires.

(4) Relocation or Removal of Facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of communications equipment in the Township right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change, or alter the position of any communications equipment when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change, or alteration is reasonably necessary under the following circumstances:

(a) The construction, repair, maintenance, or installation of any Township or other public improvement in the right-of-way.

(b) The operations of the Township or other governmental entity in the right-of-way.

(c) Vacation of a street or road, or the release of a utility easement.

(d) An emergency, as determined by the Township.

(5) Compensation for Township Right-of-Way Use. Communications equipment in the Township right-of-way is subject to the Township's right to establish annually a fair and reasonable compensation to be paid for use and occupancy of the Township right-of-way, in conformance with federal regulations and state law. Such compensation for Township right-of-way use is intended to compensate the Township for right-of-way management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising, and other right-of-way management activities by the Township. The owner of each piece of communications equipment shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above, which shall be determined by the Township and authorized by a resolution or ordinance of the Board of Supervisors.

[2] Editor's Note: See 53 P.S. § 11704.1 et seq.

21. Continuing Care Retirement Community (CCRC).

A. A CCRC involves a campus environment that serves retirement-aged persons and members of the local community by integrating housing and support services for older adults with recreational, educational and cultural facilities to encourage and foster intergenerational activities and programs. At least 80% of the dwelling units shall have at least one resident who is at least 55 years old. At least 90% of the dwelling units shall involve at least one resident who is at least 55 years old or a person with a disability that creates a need for support services within a CCRC. A CCRC may include facilities and programs within its campus that provide services, opportunities and programs to residents and to nonresidents in a community setting that promotes an intergenerational environment.

(1) The CCRC shall achieve a balanced residential, medical and community environment which cannot be achieved through the use of conventional zoning techniques.

(2) The CCRC may integrate public facilities, spaces and programs into the overall campus to promote an intergenerational community environment that encourages interaction and shared use of facilities by residents and members of the surrounding community.

(3) The CCRC may partner and collaborate with community organizations to provide additional opportunities for residents of a CCRC to engage in meaningful activities on campus while also supporting community and school groups. Such organizations could include, by way of example, library boards, recreational boards, artisans/craftsmen, performing arts groups, the local school district, sustainability groups and farming/agricultural clubs.

B. For purposes of this section, public facilities on a CCRC campus shall include any building, or portion thereof, or dedicated outside area that falls into one or more of the following categories:

(1) Professional office space leased to or used by a third party not affiliated with the owner of the CCRC that is open to the general public.

(2) Commercial, retail and personal services space leased to or used by a third party not affiliated with the owner of the CCRC and that are open to the general public. Areas used solely by residents for receiving medical services, therapy, counseling or similar services provided by third parties subcontracted by a CCRC shall not be considered a public facility.

(3) Restaurant and cafes that are marketed to the general public. Internal restaurants and cafes that serve the public but are not marketed to the general public shall not be considered a public facility. Any signage along a public street frontage of the CCRC campus identifying the restaurant or cafe shall be considered marketing to the general public.

(4) Competitive swimming pools, defined as pools that include more than six twenty-five-yard or -meter lanes with starting blocks and other associated features for holding competitive swim meets.

(5) Recreational and fitness centers that allow general membership to the public and are not limited to use by the residents or employees of the CCRC.

(6) Areas used as a public library or for offering programs to students attending a public or private school.

(7) Community centers, clubhouses, artisan spaces, museums, art studios, dance studios, nature centers, educational centers, recreational facilities and similar areas on a CCRC campus that provide programming and services that are offered or marketed to the general public.

(8) Buildings used for the keeping of horses, livestock, poultry and small farm animals or used for agricultural operations and gardening unrelated to a CCRC. Areas used for pastures, grazing areas, growing vegetables and/or croplands shall not constitute a public facility.

(9) Auditoriums, theaters and related fixed seating venues (collectively "auditoriums") that are available for use for public events or private events. An auditorium with more seats than twice the number of dwelling units and dwelling unit equivalents on a CCRC campus shall be considered a public facility. The CCRC shall identify each other auditorium that will be made available for public events or private events. Any auditorium that is made available for public events or private events shall be considered a public facility.

(10) Any venue without permanent seating that is available for public events or private events, including, but not limited to, rooms which can be used for receptions, parties, dinners, and similar activities.

(11) Permanent outdoor venues, such as amphitheaters, that are used for either public events or private events. An outdoor venue with more seats than twice the number of dwelling units and dwelling unit equivalents on a CCRC campus shall be considered a public facility. The CCRC shall identify each other outdoor venue that will be made available for public events or private events. Any outdoor venue that is made available for public events or private events shall be considered a public facility.

(12) Open areas that are not permanently improved but are used to hold public events or private events. The CCRC shall identify each open area that will be made available for public events or private events. Any open area that is made available for public events or private events shall be considered a public facility.

(13) If authorized by the special exception authorizing establishment or expansion of a CCRC, the CCRC may use its facilities, outdoor venues and open areas designated as public facilities to hold public events or private events without further approvals as long as the total number of guests attending in one day does not exceed 500. A CCRC shall obtain a special event permit for any public event or private event that is reasonably expected to have an attendance of 500 people or more in a single day (a "major special event"). A major special event shall comply with all of the following:

(a) The CCRC shall make application to the Zoning Officer for a zoning permit for each major special event not less than 30 days prior to the major special event.

(b) A major special event shall not last for more than 48 hours.

(c) No more than 12 major special events shall be held at the CCRC in each calendar year.

(d) The CCRC shall contact the Police Department and the Fire Company with primary responsibility not less than 30 days prior to the major special event and shall provide the Zoning Officer with proof that the CCRC has informed the Police Department and Fire Company of the date(s), time, location on the CCRC campus and expected attendance at the major special event.

(e) The CCRC shall provide the Zoning Officer with the name and contact information of the entity conducting the major special event; the date(s), time, location on the CCRC campus and expected attendance at the major special event; the location of all parking for the major special event; the traffic control which will be provided; whether admission will be charged and, if so, the location(s) of the booths or other places at which persons will pay to enter the major special event; whether food vendors or other vendors will be present at the major special event and, if so, the utility facilities which will be provided; and provisions for water and sanitary facilities for persons attending the major special event.

(14) A large CCRC may host a farmer's market or similar community event not more than once a week on a large CCRC campus as long as the total area dedicated for the farmer's market or community event does not exceed 10,000 square feet. Parking areas shall not be included in calculating the area dedicated for a farmer's market or community event unless the CCRC designates a portion of a parking area to be used as the actual farmer's market or community event rather than as parking. The temporary use of the designated area for a weekly farmer's market or community event shall be considered a public facility.

(a) The operator of the large CCRC shall submit an application each year for a permit to authorize operation of a weekly farmer's market or similar community event, accompanied by any fee which the Board of Supervisors may establish by resolution. A permit shall be valid for the period of January 1 to December 31. The applicant shall provide sufficient information to demonstrate compliance with this section prior to issuance of the permit, including but not limited to area of the property to be used for the farmer's market, confirmation that such area has been included within the calculation of the area of the CCRC devoted to public facilities, size of any structures, off-street parking and circulation, signage, and day of each week that the farmer's market or similar community event will be conducted. If the Zoning Officer confirms that the application meets such requirements, the Zoning Officer may issue the permit for a one-year period.

(b) Operation of a farmer's market or similar community event without the required annual permit is a violation of this chapter.

(15) For the purposes of this section, a "private event" shall be defined as the leasing of portion of the CCRC, such as an auditorium, venue without permanent seating, outdoor venue, swimming pool, or similar facility to a third party for a private gathering, reception, conference, performance or other use unrelated to the CCRC. A "public event" shall be the use of a portion of the CCRC, such as an auditorium, venue without permanent seating, outdoor venue, swimming pool, or similar facility for a period limited in time by the operator of the CCRC or a third party for a gathering, reception, conference, performance or other use to which the general public is specifically invited. Worship services and associated religious activities for residents of the CCRC, even if open to the general public, shall not be considered a public event. The attendance of persons at a public facility on the CCRC campus in the ordinary conduct of operations, such as members attending a fitness center for workouts or classes, diners in a restaurant, patients at a medical office, and customers at a retail facility, shall not be considered a public event or a private event.

C. A CCRC shall meet the following area, bulk and setback requirements.

(1) The minimum lot size as set forth below:

(a) Ten acres for a CCRC that uses no more than 10% of the development tract of the CCRC campus for public facilities (which shall be considered a "small CCRC"). A small CCRC shall have a minimum of 50 combined dwelling units and dwelling unit equivalents.

(b) Forty acres for a CCRC that uses more than 10% but not more than 35% of the development tract of the CCRC campus for public facilities (which shall be considered a "large CCRC"). A large CCRC shall have a minimum of 200 combined dwelling units and dwelling unit equivalents.

(2) The subject property shall have access via an arterial or collector road.

(3) All nonresidential buildings or structures shall be set back at least 30 feet from all lot lines of the CCRC development tract. Any public facilities, including off-street parking required for such public facilities, shall be set back a minimum of 50 feet from all side and rear lot lines that border an AG District.

(4) Maximum density shall be limited to four dwelling units or dwelling unit equivalents (each 1.5 beds) per acre, except that density may be increased to a maximum of 12 dwelling units per acre subject to the receipt of one TDR for each two additional dwellings or three additional beds. No more than 50% of the total number of permitted dwelling units shall consist of care beds. TDRs for density shall be calculated separately from those for building height. Density shall be calculated based on the acreage of the development tract.

(5) Buildings used solely for residential purposes shall be set back a minimum of 25 feet from all lot lines.

(6) Building height shall be limited to 50 feet, except that a maximum height of 60 feet may be permitted subject to the receipt of one TDR for each 4,000 square feet of building area or fraction thereof, based on the building footprint that exceeds 50 feet, and provided that that portion of building height exceeding 50 feet shall be set back an additional five feet. TDRs for building height shall be calculated separately from those for density.

(7) Lot coverage shall be limited to 60%.

(8) ADA-compliant parking spaces shall be provided in accordance with applicable UCC, state and federal requirements.

(9) Public Facilities. It is the intent of this section to provide CCRCs with flexibility in integrating public facilities as provided in Subsection 21.B above into the overall uses, programs and services offered on a CCRC campus as long as the size and intensity of the public facilities represents a harmonious and balanced mix within the campus of a CCRC. In order to ensure this balance, a CCRC shall establish during the special exception approval process the following:

(a) Maximum Area for Public Facilities on a Small CCRC Campus. A small CCRC shall have no more than 10% of the development tract utilized for public facilities.

(b) Maximum Area for Public Facilities on a Large CCRC Campus. A large CCRC shall have no more than 35% of the development tract utilized for public facilities.

(c) Area Calculation for Public Facilities. In calculating the area of the development tract utilized for public facilities, a CCRC shall include the footprint of the building used as a public facility, the area of the open air facility determined to be a public facility, and the areas of the parking required to support each public facility, including pedestrian walkways from an off-street parking area serving a public facility to the public facility. If only a portion of a building is used as a public facility, then only that area of the building open to the public and the required parking for that area shall be included in determining the overall area of the development tract used for public facilities. Access drives, sidewalks and walking paths (other than those specifically identified above), park areas, gardens, passive open space, pastures, croplands and stormwater management facilities shall not be included in the area calculation for public facilities.

(d) Campus Plan. A CCRC shall provide a plan of the CCRC campus with a chart identifying a) which building or portion of a building is being or will be used as a public facility; b) which open air area is being used or will be used as a public facility; c) the off-street parking area for each public facility; d) the square footage area utilized for each public facility and its associated off-street parking; e) the total square footage area of all public facilities on the CCRC campus; and f) the percent of the development tract of the CCRC campus utilized for public facilities.

D. A CCRC may include the following uses, subject to review and approval by the Zoning Hearing Board during the special exception review and approval process.

(1) Uses which provide a harmonious, balanced mix of medical, residential, limited commercial, educational, social, cultural, community, entertainment, artisan and recreational uses, public, quasi-public, medical services; and community or cultural center uses for both residents and nonresidents are permitted. The applicant shall establish at the special exception hearing that the facilities and uses proposed within the CCRC provide a harmonious and balanced mix of uses that are consistent with and support the purposes of a CCRC as set forth in Subsection 21.A above and meet the requirements of Subsection 21.B above. Uses may include, but need not be limited to, the following:

(a) Dwellings, nursing homes, and congregate living facilities for the elderly or physically handicapped.

(b) Medical/dental service facilities, including offices, laboratories, clinics, professional or paramedical training centers, and ambulatory care facilities.

(c) Commercial uses which are related and subordinate to the residential medical and community character of the CCRC.

(d) Recreational, educational, community, entertainment, farm, agricultural, farmers' market, roadside stand for retail agricultural product sales, and social uses, such as athletic facilities, commercial recreation, fitness centers, swimming pools, restaurant and dining services, community centers, clubhouse, gardens, cultural/performing arts centers, house of worship, artisan space, museums, art studios, dance studios, nature centers assembly halls, and similar uses that are integrated into the campus of a CCRC are permitted and available to campus residents, employees, and their guests, and members of the general public.

(e) Day-care facilities subject to the requirements of § 27-402.

(f) Accessory and commercial stables shall be permitted on a large CCRC campus subject to the requirements of § 27-402. By special exception, the Zoning Hearing Board may reduce the setback for a stable to not less than 50 feet and reduce the setback for fences around training, show, riding, boarding or pasture areas to not less than 10 feet if such a reduction will not detract from the use and enjoyment of adjoining or nearby properties.

(g) The keeping of livestock, poultry and small farm animals shall be permitted on a large CCRC campus as long as it does not constitute a "commercial livestock operation" or a "commercial poultry operation," as those terms are defined in this chapter. Livestock shall include cattle, sheep, horses, goats, pigs, alpacas and other domestic animals ordinarily raised on a farm but shall exclude any exotic wildlife as defined by the Pennsylvania Game and Wildlife Code, 34 Pa.C.S.A. § 101 et seq. "Poultry" shall include chickens, turkeys, geese and ducks. The keeping of livestock, poultry and small farm animals on a CCRC shall meet the following density requirements, which shall be calculated based on the area designated for these animals.

1) Group 1: Poultry shall be permitted at an animal density of 100 per acre, with a maximum of 500 animals.

2) Group 2: Animals (other than poultry) whose average adult weight is less than 15 pounds shall be permitted at an animal density of 12 per acre, with a maximum of 50 animals.

3) Group 3: Animals whose average adult weight is between 15 and 200 pounds shall be permitted at an animal density of six per acre, with a maximum number of 50 animals.

4) Group 4: Animals whose average adult weight is greater than 200 pounds shall be permitted at an animal density of one per one acre, with a maximum number of 50 animals.

5) The Zoning Hearing Board may grant by special exception an increase in the maximum number of animals and the density of animals kept on a CCRC campus if the designated area for keeping the animals adjoins land within the AG Agricultural District.

(h) Man-made lakes, dams, ponds, and impoundments shall be permitted subject to applicable state and federal regulations.

(i) Beekeeping as a nonfarm accessory use shall be permitted on a large CCRC subject to § 27-302.21.A and 21.B.

(j) The uses identified in this section are permitted on a CCRC campus, regardless of whether a particular use is, or is not, permitted in the MU District.

(2) A CCRC may allow outside groups to lease public facilities on the campus for public events or private events.

(3) The applicant shall furnish a description of the effect of the proposed use on the delivery of fire and EMS service. This description shall include a letter from the agency responsible for ambulance service in the site's vicinity. Such letter shall describe the adequacy/inadequacy of existing facilities and services to accommodate the proposed use, and any suggestions that might enhance ambulance service. Should it be determined that the proposed use would overburden local fire and EMS service, the Township may attach conditions of approval that seek to assure adequate levels of service.

(4) Limitations on Size of Auditoriums, The maximum number of seats in any auditorium, theater, house of worship or performing arts center (collectively "auditoriums") located on a CCRC campus shall not exceed more than two times the number of dwelling units and dwelling unit equivalents on the CCRC campus. The total combined number of seats in all auditoriums located on a CCRC campus shall not exceed three times the number of dwelling units and dwelling unit equivalents on the CCRC campus.

(5) Parking Requirements for Public Facilities.

(a) Uses or structures on a CCRC campus that are available for public events or private events shall provide off-street parking in compliance with the schedule of required parking spaces found in § 27-310.12 for each particular use/structure.

(b) The Zoning Hearing Board may approve shared parking facilities or a reduction in the number of parking spaces otherwise required by § 27-310.12 as part of its special exception review if the CCRC prepares a special parking study pursuant to the provisions of § 27-310.9.

(c) A CCRC shall provide a plan for how residents of the CCRC will be transported from residential facilities on a CCRC campus to the public facilities as part of any request to reduce the number of parking spaces otherwise required.

E. Signs for a CCRC shall comply with the requirements for signs at § 27-313, except as follows:

(1) Business signs, in accordance with § 27-313.3 size requirements, identifying a CCRC and facilities or uses on a CCRC campus. Not more than one such freestanding sign per access drive entrance to a CCRC campus or wall sign per building shall be permitted.

(2) Internal campus signs identifying existing and future destinations or locations and directing residents and guests to specific areas or services on a CCRC campus. A total of 16 square feet per sign shall be permitted. There is no limit to the number of internal signs permitted on a CCRC campus.

21A. Criminal Halfway House. See "Treatment Center, Criminal Halfway House, or Temporary or Emergency Shelter" in this section.

22. Day-Care Facility.

A. Day-Care Center.

(1) An outdoor play area shall be provided in accordance with state licensing requirements. Off-street parking lots shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and must be set back 10 feet from all property lines. Outdoor play areas shall be completely enclosed by a six-foot-high fence, and screened from adjoining residentially zoned properties. Any vegetative materials located within the outdoor play areas shall be of a nonharmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade such as a shade tree(s) or pavilion(s).

(2) Enrollment shall be defined as the largest number of students and/or children under day-care supervision at any one time during a seven-day period.

(3) Passenger dropoff and pickup areas shall be provided on-site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site.

(4) One off-street parking space shall be provided for each six students enrolled.

(5) In residential districts, no structural or decorative changes that will alter the exterior residential character of an existing residential structure used for a day-care center shall be permitted. Any new or remodeled structure must be designed to be compatible with the residential character of the surrounding neighborhood.

B. Family Day Care or Group Day Care as an Accessory Use.

(1) All day-care facilities shall be conducted within a detached single-family dwelling with a minimum lot area of 8,500 square feet.

(2) A family day-care facility shall offer care and supervision to no more than six different persons during any calendar day. A group day-care facility shall offer care and supervision to not more than 12 different persons during any calendar day. This number shall be in addition to any relatives of the primary caregiver.

(3) All day-care facilities with enrollment of more than three persons not related to the occupants of the dwelling shall furnish a valid registration certificate for the proposed use, issued by the Pennsylvania Department of Human Services.

(4) An outdoor play area no less than 400 square feet in area shall be provided. Such play area shall not be located within the front yard nor any vehicle parking lot. Outdoor play areas shall be set back at least 15 feet and screened from any adjoining residentially zoned property. A six-foot-high fence shall completely enclose the outdoor play area. Any vegetative materials located within the outdoor area shall be of a nonharmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must include a means of shade such as a tree(s) or pavilion.

(5) Passenger dropoff and pickup areas shall be provided on-site and arranged so that passengers do not have to cross traffic lanes on or adjacent to the site.

(6) No structural or decorative modifications that will alter the exterior residential character of the dwelling shall be permitted. Any new or remodeled dwelling must be designed to be compatible with the residential character of the surrounding neighborhood.

22A. Distribution Center. See "Warehousing, Distribution and Wholesale Trade Establishment" in this section.

23. Drive-Through Facility for a Restaurant.

A. The subject property shall be located along an arterial or collector road. When proposed to be located on a corner lot, the use shall be accessed via the lesser road, or rear alley where available (See Design Standards, Part 8). Best management practices for shared access and access management shall be followed in accordance with Chapter 22, Subdivision and Land Development.

B. Exterior trash receptacles shall be provided and routinely emptied so as to prevent the scattering of litter. All applications shall include a description of a working plan for the cleanup of litter.

C. All drive-through window lanes shall be separated by a curb from the parking lot's interior driveways.

D. Any exterior speaker/microphone system shall be arranged, have a setback and/or be screened to prevent objectionable noise impact on adjoining properties.

E. All exterior seating/play areas shall be completely enclosed by a three-foot-high fence.

F. No part of a restaurant drive-through ordering station or drive-through window shall be located within 250 feet of any residentially zoned land. The ordering station, drive-through window and approach lane shall be separated from any abutting residential district by a buffer yard. The buffer yard shall consist of one row of staggered mixed evergreen and deciduous trees that shall be at least six feet in height when planted and shall be spaced not more than 10 feet apart on center. The trees shall be of such species so as to attain a height at maturity of not less than 10 feet. The required height of the buffer planting may be achieved in part by mounding or installation of plants along a berm. The plantings for the buffer shall comply with all requirements of Chapter 22, Subdivision and Land Development.

G. If a use with a drive-through facility is the only use on the lot or is developed on a lot containing multiple uses with a separate street access for such use, a 100-foot-long stacking lane shall be provided, as measured from the point an order or instructions are first given. If a use with a drive-through facility is on a lot with multiple uses and internal circulation lanes which can provide at least 100 feet of space for stacking of vehicles, no separate stacking lane is required.

H. In addition to the drive-through window lane, a bypass lane shall be included to maintain vehicle circulation.

24. Dry Cleaner, Laundry and Laundromat.

A. Public sewer and public water facilities shall be utilized.

B. All activities shall be conducted within a completely enclosed building.

C. During operation or plant cleanup and maintenance, all windows and doors on walls facing adjoining residential districts shall be kept closed.

D. Any exhaust ventilation equipment shall be directed away from adjoining residentially zoned property.

E. Self-service laundromats shall require one off-street parking space for each two washing machines; other laundry-related uses shall provide one off-street parking space for each 400 square feet of gross floor area.

25. Dwelling Unit Standards by Type.

A. Manufactured (Mobile) Homes. See additional requirements in this § 27-402.

B. Single-Family Attached Dwellings/Townhouses.

(1) No more than 20% of the total number of townhouse groupings shall contain more than six units, and in no case shall any grouping contain more than eight units.

(2) No more than three consecutive units shall have the same front yard setback; the minimum variation of setback shall be two feet.

(3) See encroachment provisions for porches and decks in § 27-304.3.

(4) All townhouse buildings shall be set back at least 30 feet from any perimeter boundary of the development site, other than a street right-of-way.

(5) All townhouse units shall front on a street, a landscaped parking lot that is maintained by a homeowners' association or the owner of a rental development, or common open space with a trail (which may include a green).

(6) Where townhouse units back up to one another and there is not an alley present, there shall be a minimum of 50 feet between buildings.

(7) There shall be a minimum side yard of 10 feet for a side yard of the end unit of a townhouse, which shall be increased to 20 feet abutting a street or the lot line of a single-family detached dwelling. Where two sets of townhouses are on the same lot, a twenty-foot minimum separation shall apply between the closest buildings.

(8) As part of a new residential subdivision or land development for townhouses, vehicle garages and driveways shall not enter the front of the lot for each dwelling, but instead shall use rear or side garages (such as from an alley maintained by a homeowners' association), clustered garages or carports, a landscaped parking lot maintained by a homeowners' association, or similar alternatives. As a special exception approval, the applicant may request approval of vehicle garages entering onto the front of townhouses and from yard driveways where there is no other feasible alternative. If approved as a special exception, where garage doors facing onto the street for two or more motor vehicles are used for a new townhouse, or where a townhouse will have a driveway in the front yard of more than 14 feet wide, then that townhouse shall have a minimum dwelling unit width of 24 feet.

C. Multifamily Dwellings. See separate listing in this section.

26. Exercise Club.

A. Off-street parking shall be provided as required by the combination of elements comprising the health club, including accessory uses.

B. All outdoor recreation facilities shall be set back at least 50 feet from the street right-of-way line, and 25 feet from all other lot lines, and 100 feet from any residentially zoned properties.

C. Any accessory eating or retail use shall not be directly accessible without passing through the main clubhouse building.

D. The applicant shall furnish expert evidence that all lighting of outdoor recreation areas has been arranged to prevent glare on adjoining properties and streets.

27. Farm-Related Business.

A. Farm-related businesses may be permitted in accordance with Table 27-202, if the proposed use is accessory to the principal agricultural use of the property. Farm-related businesses may involve any one of a wide range of uses, as long as the activity remains secondary to and compatible with the principal agricultural use, and does not generate nuisances or hazards beyond what is customary for agricultural uses. These regulations are also intended to avoid significant nuisances for adjacent dwellings, beyond what is customarily expected from normal agricultural activities.

B. No more than the equivalent of five nonresidents shall be employed on-site at one time by the accessory use. At least one owner of the accessory business shall also be a resident or owner of the lot.

C. The use shall be conducted primarily within a completely enclosed building(s). No more than one new or expanded building may be used for the accessory use, but more than one building may be used if the buildings existed prior to the enactment of this chapter. Where practical, the farm-related business shall be conducted within an existing building.

D. Plant screening shall be maintained or added between all outdoor storage, truck parking and truck loading areas and adjoining roads and any dwelling on another lot that is within 150 feet of such areas. This requirement shall not apply to agricultural equipment, vehicles or storage.

E. Any new building constructed for use by the accessory use shall be of a design so that it can be readily converted to agricultural use, or removed, if the accessory use is discontinued.

F. No new building, new parking or new storage area used for the accessory use shall be located within: 1) 30 feet from a lot that is zoned AG or a street right-of-way, 2) 150 feet from any lot zoned V, RM or SR, and 3) 50 feet from any other lot line. Such distances shall be measured as a straight line between the closest points of any physical improvement associated with the farm-related business and the property/zoning line.

G. The use shall occupy no more than 10,000 square feet of total building floor area, and no more than three acres of lot area. However, any parking or driveway serving both the farm-related business and the farm shall not be calculated as land serving the farm-related business.

H. No more than 50% of the land devoted to the accessory use shall be covered by buildings, structures, parking or loading areas, or any other impervious surfaces.

I. A maximum of two signs shall be allowed, which shall not exceed 15 square feet in size. Additional signs may be allowed if they are not readable from any street or lot line.

J. While the accessory use is in operation, the lot shall not be reduced in lot size by subdivision so as to result in a lot size of less than 25 acres. Any subdivision in the AG District shall also comply the subdivision requirements of that district.

K. Minimum lot area: 15 acres, unless a larger lot size is required under the AG District regulations within that district.

L. The length of any driveway(s) shall be sufficient to allow the stacking of delivery and/or customer vehicles. Furthermore, any use that potentially involves the movement of vehicles through mud and/or manure shall provide a paved apron of at least 50 feet from the street right-of-way. In addition, another fifty-foot gravel section shall be located just beyond the paved apron.

M. Any outdoor storage of supplies, materials and products shall be screened from adjoining roads and properties.

N. The following uses shall be permitted-by-right accessory uses: sale of seeds and animal feed; maintenance of agricultural equipment; blacksmithing or sharpening services; custom butcher shop or taxidermy; processing of locally produced crops; rental storage within buildings that existed prior to the enactment of this chapter; boarding of animals (provided that the requirements for a kennel must also be met if the use meets that definition); small engine repair; custom woodworking or wood refinishing; storage of agricultural products; sawmill; barber or beauty shop serving no more than two customers at a time; composting of crops, branches or leaves; and uses with similar impacts.

O. The following uses shall be allowed as accessory special exception uses: feed and grain mills of less than two acres (otherwise see "Feed and Grain Mill, Large Scale," below); processing of locally produced livestock or poultry beyond animals produced on-site; veterinary offices treating farm animals; sale of fertilizers; composting of grass from off-site; composting of animal waste not produced on-site; construction tradesperson's headquarters; supply of fuel for agricultural use, and uses with similar impacts.

P. Applicants are placed on notice that approvals are likely to be needed beyond zoning approval, such, as but not limited to, approval of the septic system, accessibility for persons with disabilities, and Uniform Construction Codes.

28. Feed or Grain Mill, Large-Scale.

A. Minimum lot size: two acres.

B. Maximum lot coverage: 50% in the AG District, and otherwise in accordance with the individual zoning district regulations. For properties located in the AG District, to the maximum extent feasible, structures shall be configured in a manner to best facilitate agricultural crop production on the remainder of the lot and, to the maximum extent feasible, shall avoid construction on soils of the highest agricultural land capability.

C. All large-scale feed or grain mills shall meet the applicable setback regulations of the underlying zoning district.

D. The use may include grain storage, farm supply sales, and offices as accessory uses.

E. The lot shall have direct access onto an arterial or collector roadway per § 27-315 of this chapter. Improvements to the road shall be provided by the applicant to ensure safe turning movements to and from the site and safe through-movement on the existing road.

F. A traffic impact study prepared by a professional engineer in accordance with § 22-702 of Chapter 22, Subdivision and Land Development, shall be required as part of the conditional use application.

G. All parking and loading areas shall be screened from adjoining roads and properties.

H. Outdoor storage is permitted, provided all outdoor storage areas are screened from adjoining roads and properties, and all outdoor storage areas comply with all of those setbacks in the underlying zoning district.

I. Drying chambers and ventilation fans shall utilize silencing equipment when a neighboring residence or other building is located within 200 feet from the property, with the exception of such facilities located on properties in an industrial district.

J. The length of any on-site access drive(s) shall be sufficient to allow the stacking of delivery and/or customer vehicles. Any use that potentially involves the movement of vehicles through mud and/or manure shall provide a paved apron of at least 50 feet from the street right-of-way and another fifty-foot-long gravel section shall be located just beyond the paved apron.

K. The applicant shall provide a detailed description of the proposed use in each of the following topics:

(1) The nature of the on-site activities and operations, the materials used in the process, the types of materials stored, used and generated, the frequency and duration of period for storage of materials and the methods for use and disposal of materials. The applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.

(2) The general scale of the operation in terms of its market area, the total number of employees on each shift, and an overall needed site size.

(3) Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.), and the applicant shall further furnish expert evidence that the impacts generated by the proposed use will, after giving effect to any proposed mitigation measures, fall within acceptable levels as regulated by applicable laws and ordinances, including, but not limited to, those of § 27-319 of this chapter.

L. Off-street parking shall be provided at a rate of one off-street vehicle parking space per full-time employee on the shift of greatest employment, one off-street automobile parking space per two part-time employees, and five visitor off-street vehicle spaces.

M. Soil erosion, sedimentation and stormwater runoff shall be controlled in accordance with all applicable laws and regulations.

N. Maximum Height. The maximum height of any buildings and structures, including any accessory buildings and structures, shall not exceed 200 feet. All structures extending above 30 feet from grade shall be set back a distance at least equal to their height from all property lines.

O. No building or structure utilized as part of the large-scale feed or grain mill use shall be deemed to be a principal nonagricultural building under § 27-204.1B of this chapter.

29. Flea and/or Farmer's Market.

A. The retail sales area shall be considered to be that of the smallest rectangle, or other regular geometric shape which encompasses all display stands, booths, tables or stalls, plus any adjoining aisles and/or walkways from which consumers can inspect items for sale. The retail sales shall include all indoor and/or outdoor areas as listed above.

B. The retail sales area shall be set back at least 25 feet from all property lines, and shall be calculated as part of the maximum permitted lot coverage, regardless of its surface treatment.

C. Off-street parking shall be provided at the rate of one space per each 200 square feet of retail sales area, and shall be designed and used in accordance with § 27-310 of this chapter.

D. Off-street loading shall be calculated based upon the retail sales area described above and according to the schedule listed in § 27-311 of this chapter.

E. All outdoor display and sales of merchandise shall cease no less than one hour prior to dusk.

F. Any exterior amplified public address system shall be arranged and designed so as to prevent objectionable impact on adjoining properties.

G. Exterior trash receptacles shall be provided amid any outdoor retail sales area. Such trash receptacles shall be routinely emptied so as to prevent the scattering of litter and debris. All applications shall include a description of a working plan for the cleanup of litter.

29A. Food Truck and Trailer. See § 27-326.

30. Forestry.

A. Logging Plan Requirements. Every landowner on whose land timber harvesting is to occur shall obtain a zoning permit, as required by this chapter. In addition to the zoning permit requirements listed in § 27-702 of this chapter, the applicant shall prepare and submit a written logging plan in the form specified below. No timber harvesting shall occur until a zoning permit has been issued. The provisions of the permit shall be followed throughout the operation. The logging plan shall be available at the harvest site at all times during the operation, and shall be provided to the Zoning Officer upon request. The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan and the zoning permit.

(1) Minimum Requirements. At a minimum, the logging plan shall include the following:

(a) Design, construction, maintenance and retirement of the access system, including haul roads, skid roads, skid trails, and landings.

(b) Design, construction and maintenance of water control measures and structures, such as culverts, broad-based dips, filter strips, and water bars.

(c) Design, construction and maintenance of stream and wetland crossings.

(d) The general location of the proposed operation in relation to municipal and state highways, including any accesses to those highways.

(2) Map. Each logging plan shall include a sketch map or drawing containing the following information:

(a) Site location and boundaries, including both the boundaries of the property on which the timber harvest will take place, and the boundaries of the proposed harvest area within that property.

(b) Significant topographic features related to potential environmental problems.

(c) Location of all earth disturbance activities, such as roads, landings and water control measures and structures.

(d) Location of all crossings of waters of the commonwealth.

(e) The general location of the proposed operation to municipal and state highways, including any accesses to those highways.

(3) Compliance with State Law. The logging plan shall address and comply with the requirements of all applicable state regulations, including, but not limited to, the following:

(a) Erosion and sedimentation control regulations contained in 25 Pa. Code, Chapter 102, promulgated pursuant to the Clean Streams Law, 35 P.S. § 691.1 et seq.

(b) Stream crossing and wetlands protection regulations contained in 25 Pa. Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act, 32 P.S. § 693.1 et seq.

(4) Relationship of State Laws, Regulations and Permits to the Logging Plan. Any permits required by state laws and regulations shall be attached to, and become part of, the logging plan. An erosion and sedimentation pollution control plan that satisfies the requirements of 25 Pa. Code, Chapter 102, shall also satisfy the requirements for the logging plan and associated map specified in Subsection 30A(1) and (2), provided that all information required by these sections is included or attached.

(5) This section shall not regulate forestry that is authorized on state game lands that is authorized under state regulations.

B. Required Forest Practices. The following requirements shall apply to all timber harvesting operations:

(1) Felling or skidding on, or across, any public road is prohibited without the express written consent of the Township, or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of the thoroughfare.

(2) No treetops or slash shall be left within 25 feet of any public road, or private roadway providing access to adjoining residential property.

(3) All treetops and slash between 25 and 50 feet from a public roadway, or private roadway providing access to adjoining residential property, or within 50 feet of adjoining residential property, shall be lopped to a maximum height of four feet above the ground.

(4) No treetops or slash shall be left on or across the boundary of any property adjoining the operation without the consent of the owner thereof.

(5) Litter resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator.

C. Responsibility for Road Maintenance and Repair; Road Bonding. Pursuant to 75 Pa.C.S.A., Chapter 49, and 67 Pa. Code, Chapter 189, the landowner and the operator shall be responsible for repairing any damage to Township roads caused by traffic associated with the timber harvesting operation, to the extent the damage is in excess of that caused by normal traffic, and shall be required to furnish a bond to guarantee the repair of such potential damages, as determined by the Township Engineer.

31. Funeral Home.

A. Public sewer and public water facilities shall be utilized.

B. Sufficient off-street parking shall be provided to prevent traffic backups onto adjoining roads.

C. No vehicular access to the site shall be from an arterial road.

D. The applicant shall provide proof that the funeral supervisor has a state license.

E. A crematorium shall need a separate Township zoning approval.

32. Golf Course.

A. In no case shall the golf course design permit or encourage a golf ball to be driven across any building, building lot, parking lot, street, access drive, or driveway.

B. Golf Paths. Golf paths shall be graded so as to discharge stormwater runoff. Surface conditions of paths shall be adequately protected from an exposed soil condition.

(1) The golf course design shall minimize golf path crossings of streets, access drives and driveways. Easily identifiable golf paths must be provided for crossings of streets, access drives or driveways. The golf course design shall both discourage random crossing and require use of the golf path crossings of streets, access drives and driveways. Golf path crossings shall conform with the following:

(a) Each crossing shall be perpendicular to the traffic movements.

(b) Only one street, access drive or driveway may be crossed at each location.

(c) No crossing is permitted between a point 15 feet and 150 feet from the cartway edge of a street, access drive or driveway intersection.

(d) The crossing must be provided with a clear sight triangle of 75 feet, measured along the street, access drive or driveway center line and the golf path center line, to a location on the center line of the golf path, five feet from the edge of the roadway. No permanent obstruction over three feet high shall be placed within this area.

(e) Sight Distance. Golf path intersections shall be designed to provide adequate sight distance with regard to both horizontal and vertical alignment. The required sight distance shall be governed by § 22-602.12 of the Chapter 22, Subdivision and Land Development.

(f) The golf cart path shall not exceed a slope of 8% within 25 feet of the cartway crossing.

(g) Golf path crossings shall be signed warning motorists and pedestrians and golfers. The surface of the golf path shall be brightly painted with warning stripes where it approaches a vehicle crossing.

(h) Golf path crossings of collector or arterial streets should consist of a tunnel that is located below street grade. The golf course design shall both prohibit on-grade crossing of collector or arterial streets and require the use of the tunnel. The construction of the collector or arterial roadway crossing of the tunnel shall comply with PennDOT standards.

C. All golf course buildings shall be set back a minimum of 75 feet from any adjoining roads and 100 feet from adjoining residential structures or parcels.

D. Golf courses may include customarily accessory uses such as a clubhouse with a restaurant, a snack bar, lockers, restrooms, a pro shop, golf cart facilities, and fitness facilities. A golf course may also include customarily accessory recreational facilities such as a driving range, provided that no lighting is utilized that would shine onto dwellings or streets, practice putting greens, court sports, swimming pools, picnic facilities, trails and playground equipment. A golf course may also include customarily accessory maintenance buildings and storage areas.

E. All outdoor storage of maintenance equipment and/or golf carts shall be set back at least 100 feet and screened from adjoining residential structures and roads.

F. All dumpsters and off-street parking and/or loading areas shall be screened from adjoining or nearby residences. In addition, all off-street loading and dumpsters shall be screened from adjoining roads.

G. The clearing of forested areas shall be limited to no more than 25% of the total forested acreage on the site and shall be conducted in accordance with § 27-402. Reforestation may be implemented to replace any acreage cleared above the 25% limit.

33. Groundwater or Spring Water Withdrawal averaging more than 100,000 gallons per day from a lot for off-site consumption. (Note: If the water is being utilized for uses on adjacent lots or as part of a public water system, it shall not be considered off-site consumption.)

A. The regulations of this subsection shall not apply to water used by a principal agricultural use or golf course within the Township or to on-site consumption.

B. If the water will be trucked off-site, the applicant shall provide a written report by a professional traffic engineer. Such study shall analyze the suitability of the area street system to accommodate the truck traffic that will be generated.

C. A hydrogeological study shall be submitted as part of the application which shall be prepared by a qualified hydrogeologist or water resources professional engineer. It shall estimate impacts upon surface waters and groundwater, including during periods of drought.

D. If the water will be trucked off-site, any area used for loading or unloading of tractor-trailer trucks shall be set back a minimum of 150 feet from any adjacent residential lot.

E. Any on-site bottling or treatment operations shall be considered a distinct use and shall only be allowed if food or beverage manufacturing is an allowed use in the zoning district.

F. Any zoning permit is conditioned upon receiving approval, as applicable, from the Susquehanna River Basin Commission.

G. This subsection is not intended to regulate water withdrawals that are approved by DEP as part of mining operations.

34. Group Home. Group homes are permitted within a lawful dwelling unit, provided the use meets the definition in § 27-112 and the following additional requirements are met:

A. A group home shall not include any use meeting the definition of a "treatment center" or a "criminal halfway house."

B. In a residential district, a group home shall include the housing of a maximum of four unrelated persons by right and up to six unrelated persons by special exception. In a commercial or industrial district, a group home shall include the housing of a maximum of eight unrelated persons. The following exceptions shall apply:

(1) If a more restrictive requirement is established by another Township requirement;

(2) The number of bona fide paid professional staff shall not count towards such maximum; and

(3) As may be approved by the Zoning Hearing Board under § 27-605.4, which allows persons to request a reasonable accommodation to the number of unrelated persons living together.

C. The facility shall have adequate, trained on-site and on-call staff supervision for the number and type of residents. If the staffing of the facility has been approved by a federal, state or county human service agency, then this requirement shall have been deemed to be met. Otherwise, if any applicable county, state, federal or professional association standards provide guidance on the type of supervision that is needed, the proposed supervision shall be compared to such standards.

D. The applicant shall provide evidence of any applicable federal, state or county licensing or certification to the Zoning Officer, and shall notify the Zoning Officer in writing within two business days if such licensing or certification expires or is withdrawn.

E. The group home shall register in writing its location, general type of treatment/care, maximum number of residents and sponsoring agency with the Zoning Officer. If this information should change, such as an intent to serve a different type of treatment/care, the applicant shall notify the Zoning Officer in writing within two business days.

F. If located in a residential district, then the following additional requirements shall apply: 1) any medical or counseling services shall be limited to a maximum of three nonresidents per day; 2) any on-site staff meetings shall be limited to a maximum of four persons at one time; and 3) an appearance shall be maintained that is closely similar to nearby dwellings, and no exterior sign shall identify the type of use.

G. The persons living on-site shall function as a common household unit, with persons typically residing within the home for periods exceeding 30 days.

H. The applicant shall notify the local ambulance and fire services in writing of the presence of the group home and the type of residents.

I. The building shall have lighted exit signs, emergency lighting, a fire extinquisher and interconnected smoke and fire alarms.

35. Heavy Equipment Sales or Service.

A. All service and/or repair activities shall be conducted within a completely enclosed building.

B. All exterior storage and/or display areas shall be enclosed by a six-foot-high fence and screened from adjoining residentially zoned or used properties. All exterior storage/display areas shall be set back at least 50 feet from adjoining street lines and shall be covered in an all-weather, dust-free surface and shall be subject to the district's setback, landscaping and screening requirements imposed upon off-street parking lots.

C. Any ventilation equipment outlets associated with the service/repair work area(s) shall not be directly toward any adjoining residentially zoned property.

D. No outdoor storage of parts, equipment, lubricants, fuel or other materials used or discarded, as part of the service or repair operation, shall be permitted.

E. The demolition or junking of vehicles, trailers, boats and other machinery is prohibited.

F. The applicant shall furnish evidence that the disposal of all materials will be accomplished in a manner that complies with all applicable state and federal regulations.

G. Any outdoor public address system and lighting shall be designed and arranged so as not to adversely affect adjoining properties and roads.

36. Home Occupation, General or Low-Impact.

A. The use shall be clearly incidental and subordinate to the primary use of the premises as a dwelling for living purposes.

B. No more than one person may be engaged in the home occupation who is not a resident of the dwelling. The primary operator of the home occupation shall be a resident of the dwelling.

C. No more than one home occupation may be located in any dwelling unit.

D. The home occupation shall not reduce the residential appearance of a building.

E. No mechanical equipment shall be employed in a home occupation, other than that customarily utilized for hobby or domestic purposes.

F. No sales of any goods or merchandise shall occur on the premises, other than those goods or merchandise which are produced on the premises.

G. No manufacturing shall occur on the premises, other than the products of customary hobbies and fabrication of garments by a seamstress.

H. No goods shall be displayed so as to be visible from the exterior of the premises.

I. Home occupation activity shall be limited to not more than 25% of the habitable floor area of the dwelling unit.

J. A use involving on-premises food or beverage consumption by patrons, a kennel, a pesticide business, fireworks sales or storage, veterinary services, a tattoo or body piercing establishment, or firearms dealer shall specifically be prohibited as a home occupation. A home occupation shall not involve types and amounts of hazardous substances that are in excess of what is typically found in a dwelling.

K. In addition to the required parking spaces for the dwelling unit, one parking space per nonresident employee, plus one parking space per potential patron on-site at one time, shall be provided.

L. Only one sign advertising a home occupation shall be permitted. Such sign shall not be illuminated and shall be limited to a total of two square feet of sign area on up to two sides.

M. The applicant shall submit evidence of all applicable state approvals.

N. The MPC mandates that at a minimum, uses meeting the MPC definition of a no-impact home-based business must be permitted by right. This chapter incorporates those standards, but is more permissive in the types of home occupations that are permitted by right. For low-impact home occupations, see the additional standards in the definition of "home occupation, low-impact" in § 27-112.

37. Hospital.

A. Minimum lot area: five acres.

B. Public sewer and public water facilities shall be utilized.

C. The subject property shall have access via an arterial or collector road.

D. All buildings and structures shall be set back a minimum of 50 feet from all property lines.

E. Emergency entrances shall be located on a building wall facing away from adjoining residentially zoned and/or used properties.

F. The applicant shall demonstrate proof of an approved means of disposal of all solid, medical, and hazardous wastes.

38. Junkyard.

A. Minimum lot area: 10 acres.

B. The outdoor area devoted to the storage of junk shall be completely enclosed by an eight-foot-high, opaque fence which shall be set back at least 50 feet from all property lines and 300 feet from any SR, V, MU or RM District properties.

C. The setback area between the fence and the lot lines shall be kept free of weeds and all scrub growth.

D. All buildings used to store junk shall be set back at least 50 feet from all property lines and shall be completely enclosed.

E. No material may be stored or stacked so that it is visible from adjoining properties and roads.

F. All additional federal and state laws shall be satisfied.

G. All junk shall be stored or arranged so as to permit access by firefighting equipment and to prevent the accumulation of water, and with no junk piled to a height greater than eight feet.

H. No material shall be burned at any time.

I. Any junkyard shall be maintained in such a manner as to cause no public or private nuisance, nor to cause any offensive or noxious sounds or odors, nor to cause the breeding or harboring of rats, flies, or other vectors.

J. No junkyard shall be located on land with a slope in excess of 8%.

K. Fuel, oil and coolant shall be drained from all junked vehicles in a manner that prevents water and soil pollution. Batteries shall be removed from junked vehicles and stored on an impervious surface that prevents spills onto the ground.

L. Areas covered by vehicles shall be considered to be impervious. Stormwater management shall be designed to divert stormwater flows from areas that are prone to pollution.

39. Kennel, Primarily Boarding.

A. An animal shelter or outdoor run shall be set back a minimum of 100 feet from all property lines.

B. No animals shall be permitted to use outdoor runs that are located within 300 feet of an existing dwelling on another lot from 8:00 p.m. until 8:00 a.m.

C. All outdoor runs and outdoor areas for animals shall be completely enclosed by a minimum six-foot-high fence and gate.

D. The applicant shall furnish evidence of an effective means of animal waste disposal which shall be continuously implemented.

E. All animal shelters and parking and/or loading facilities shall be screened from the adjacent properties by a landscape screen or other visual barrier approved by the Township.

F. All animal shelters shall be constructed so that the animals cannot stray therefrom.

G. The applicant shall furnish evidence that all buildings used for the kennel are adequately soundproofed so that sounds generated within the buildings cannot be perceived at a lot line of a residentially zoned or residentially used lot or dwelling.

H. Operation of all kennels shall comply with all applicable state and federal regulations, and the applicant shall provide proof of any required state permit prior to receiving occupancy approval.

40. Kennel, Primarily Breeding.

A. All animal shelters shall be located within the rear yard. If animal shelters are the only structure on the lot, the animal shelter shall be located at least 150 feet from the street right-of-way line.

B. An animal shelter or outdoor run shall be set back a minimum of 100 feet from all property lines.

C. No animals shall be permitted to use outdoor runs that are located within 300 feet of an existing dwelling not located on the same property as the kennel from 8:00 p.m. until 8:00 a.m.

D. All outdoor runs and outdoor areas to which animals have access shall be completely enclosed by a minimum six-foot-high fence and gate.

E. The applicant shall furnish evidence of an effective means of animal waste disposal which shall be continuously implemented.

F. No area for the storage, processing or spraying of animal waste shall be situated less than 200 feet from any street or property line.

G. Minimum lot area: 10 acres.

H. All animal shelters and parking and/or loading facilities shall be screened from the adjacent properties by a landscape screen or other visual barrier approved by the Township.

I. All animal shelters shall be constructed so that the animals cannot stray therefrom.

J. The applicant shall furnish evidence that all buildings used for the kennel are adequately soundproofed so that sounds generated within the buildings cannot be perceived at a lot line of a residentially zoned or residentially used lot or dwelling.

K. Kennels shall occupy no more than 3,000 square feet of total gross floor area.

L. Operation of all kennels shall comply with all applicable state and federal regulations, and the applicant shall provide proof of any required state permit prior to receiving occupancy approval.

41. Live-Work Unit.

A. The maximum ground level building footprint of a live-work unit shall be 2,000 square feet.

B. There may be flexibility in portions of the building used for nonresidential uses and for the dwelling unit. Only one dwelling unit and one permitted-by-right nonresidential use shall be allowed in each live-work unit.

C. The nonresidential use shall be limited to an office, personal service use, artisan's studio, art gallery, or custom crafts studio. Any massage uses shall be limited to one massage therapist certified under Pennsylvania regulations. The occupancy of the dwelling unit shall be limited to one family.

D. Drive-through service is prohibited.

E. The live-work unit shall adhere to the dimensional requirements of the underlying district.

F. There shall be at least one exterior access for the residential area that is separate from the main entrance of the nonresidential use.

42. Manufactured (Mobile) Home. The following additional requirements shall apply to a manufactured home placed on property after the adoption of this chapter:

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

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

C. Each home shall have hitch and tires removed.

D. Anchoring. A manufactured home on an individual lot or mobile/manufactured home park shall include a system that properly secures the home to the ground to prevent shifting, overturning or uneven settling of the home. The requirements of the construction codes shall apply, in addition to the manufacturer's specifications for installation, as well as HUD regulations regarding the installation.

E. Foundation Treatment. The space between the bottom of the home and the ground and/or home pad shall be enclosed using a durable fire-resistant material. This enclosure shall have the appearance of a foundation of a site-built home, such as material with a concrete-type or stucco facing, except that metal skirting shall be allowed for a dwelling within a manufactured (mobile) home park. Provisions shall be provided for access to utility connections under the home.

F. If the dwelling is outside of a manufactured (mobile) home park, then the front door of the dwelling shall face onto a street.

43. Manufactured (or Mobile) Home Park.

A. A manufactured home park shall contain a minimum of three acres.

B. All manufactured home parks shall be served by public water and public sanitary sewer facilities.

C. Maximum density in a manufactured/mobile home park shall be five units per acre.

D. All manufactured/mobile home lots or areas shall contain at least 4,250 square feet.

E. Each manufactured/mobile home space shall have a minimum front yard of 30 feet, rear yard of 25 feet, and two side yards of 10 feet each. In no case shall the distance between any two manufactured/mobile homes be less than 25 feet, not including unenclosed porches, decks and stairs. These setbacks shall also apply to manufactured/mobile home park office, service, utility, or other buildings.

F. All manufactured/mobile home parks shall be provided with a perimeter landscape buffer strip that is at least 50 feet wide that is kept free of parking spaces and buildings. Such width shall be measured from adjoining property and rights-of-way lines. The plantings shall be selected and located to avoid conflicts with safe sight distances at intersections at maturity. The buffer strip shall include trees and shrubs with an initial height of four feet, and with a mix of species that are primarily evergreen. Along abutting residentially zoned lots, the plant screening shall be designed to provide a complete visual screen with a minimum height of six feet within three years.

G. Each manufactured/mobile home shall be provided with a minimum of two paved parking spaces containing at least 180 square feet of bituminous or concrete surface, which shall be located on the manufactured/mobile home lot. If on-street parking is not provided, one additional off-street parking space per unit shall be provided in a common visitor parking lot. Such visitor parking lots shall be sized, arranged, and located so that the spaces are within 300 feet walking distance to any unit served. Access to all parking spaces shall be limited to interior roads of the manufactured/mobile home park; in no case shall access to such parking spaces be provided from adjoining public roads.

H. Interior manufactured/mobile home park roads with no on-street parking shall be paved with an all-weather, dust-free surface at least 24 feet wide. An additional width of 10 feet shall be provided for each lane of on-street parking.

I. Individual manufactured/mobile home owners may install accessory or storage sheds, extensions and additions to manufactured/mobile homes, and exterior patio areas. Any such facilities so installed shall not intrude into any required front, side, or rear yard, and, in every case, shall substantially conform in style, quality, and color to the existing manufactured/mobile homes.

J. There shall be a minimum of 25% of the gross acreage of the manufactured/mobile home park devoted to active and/or passive common recreational facilities. Responsibility for maintenance of the recreational areas shall be with the landowner and/or the operator. Should the landowner and/or the operator neglect to maintain the designated recreational areas, as depicted on the plan, the Township may then maintain said areas and assess the landowner for any costs incurred.

K. Any manufactured/mobile home park that was lawfully developed prior to 1975 shall comply with the above Subsections 43A, B, C, F and G, but shall not be required to comply with the remaining sections of this § 27-402.43. Where no recorded plan identifies individual manufactured/mobile home lots, the maximum impervious surface coverage shall be calculated for the lot containing the manufactured/mobile home park and shall not exceed 80%.

44. Manure Storage Facility.

A. Unless otherwise regulated by § 27-322 of this chapter, or to the extent such regulations are not in conflict with or preempted by state or federal regulations, all manure storage facilities shall comply with the following regulations:

(1) All manure storage facilities shall be designed in compliance with the guidelines outlined in the publication, "Manure Management for Environmental Protection," Bureau of Water Quality Management Publication No. 43, and any revisions, supplements, and replacements thereof, published by DEP, copies of which are available from the Water Quality Management in DEP Regional Offices.

(2) All waste storage facilities designs shall be reviewed by the Lancaster County Conservation District. The applicant shall furnish a letter from the Conservation District attesting to approval of the design of the proposed facility.

(3) Construction and subsequent operation of the waste storage facility shall be in accordance with the permit and the approved design. Any design changes during construction or subsequent operation will require the obtainment of another review by the Lancaster County Conservation District.

B. Where state regulations do not establish a minimum setback from lot lines, a 100-foot minimum setback shall apply.

45. Medical Marijuana Dispensary.

A. The use shall be set back a minimum of: 1) 1,000 feet from the property line of a primary or secondary school or child day-care center, 2) 500 feet from the property line of a public park or playground, and 3) 250 feet from a residential district.

B. The use shall not have any outdoor activities, such as outdoor seating.

C. The use shall not be open for business beyond the maximum hours of 8:00 a.m. and 8:00 p.m.

D. The use shall meet all other zoning requirements that would apply to a retail store.

E. The use shall prove to the Zoning Hearing Board that there will be sufficient security measures.

46. Medical Marijuana Grower/Processor.

A. The use shall include recorded exterior security cameras, security fencing and building security alarms.

B. The use shall be set back a minimum of: 1) 1,000 feet from the property line of a primary or secondary school or child day-care center, 2) 500 feet from the property line of a public park or playground, and 3) 250 feet from a residential district.

C. The use also shall meet all of the same zoning requirements that would apply to a manufacturing use.

D. The Zoning Hearing Board may require the installation of air purifiers to reduce noxious odors for neighbors, or may defer the requirement until such time that the Zoning Officer determines that noxious odors have been generated for neighbors.

47. Membership Club.

A. All clubhouses shall front, and have access to, an arterial or collector road.

B. All off-street parking shall be provided to the side or rear of the building. Parking lots shall be set back a minimum of 30 feet from any adjoining residential lot lines.

C. All outdoor recreation/activity areas shall be set back at least 50 feet from any property line.

D. Screening shall be provided along any adjoining residentially zoned property.

E. The applicant must furnish evidence as to how the use will be controlled so as not to constitute a nuisance due to noise or loitering outside of the clubhouse.

F. The applicant shall furnish evidence that an approved means of sewage disposal and water supply shall be used.

48. Mineral Extraction (including Quarries and Other Extractive-Related Uses).

A. General. Mineral extraction operations:

(1) May not substantially injure or detract from the lawful existing or permitted use of neighboring properties.

(2) May not adversely affect any public or private water supply source.

(3) May not adversely affect the logical, efficient, and economical extensions of public services, facilities and utilities throughout the Township.

(4) May not create any significant damage to the health, safety, or welfare of the Township and its residents and property owners.

(5) May not result in the land area subject to quarrying being placed in a condition which will prevent the use of that land for economically and ecologically productive uses upon completion of the quarry operation.

(6) Must demonstrate compliance with all applicable state regulations at all times.

B. Site Plan Requirements. As a part of each application, the applicant shall furnish an accurately surveyed site plan on a scale no less than 1:2400, showing the location of the tract or tracts of land to be affected by the operation. The surveyed site plan shall be certified by a registered professional engineer or a registered professional land surveyor with assistance from experts in related fields and shall include the following:

(1) The boundaries of the proposed land affected, together with the drainage area above and below the area.

(2) The location and names of all streams, roads, railroads, and utility lines on or immediately adjacent to the area.

(3) The location of all buildings within 1,000 feet of the outer perimeter of the area affected, and the names and addresses of the owners and present occupants.

(4) The purpose for which each building is used.

(5) The name of the owner of the affected area and the names of adjacent landowners, the Township, and the county.

C. Minimum lot area: 50 acres.

D. Fencing. A fence measuring at least eight feet in height shall enclose the area of actual quarrying. If a chain-link fence is used, then said fence shall include a vegetative screen that is provided along the inside or outside of the fence.

E. Setback. The following table identifies minimum setbacks imposed upon specific features of the quarry and other extractive-related uses from adjoining and/or nearby uses:

Mining-Related Feature	Existing Residences on Lands Not in the Same Ownership as the Quarry	Existing Nonresidential Building	Residential District, other than Lands in the Same Ownership as the Quarry	Public or Adjoining Road that Is Open to the Public	Cemetery or Stream Bank	Adjoining Property
Stock piles or spoil piles	300 feet	300 feet	750 feet	100 feet	100 feet	100 feet
Mineral processing equipment (such as crushers, sorters, conveyors, dryers, etc.)	300 feet	300 feet	1,000 feet	100 feet	100 feet	100 feet
Quarry pit	300 feet	300 feet	1,000 feet	100 feet	100 feet	100 feet
Off-street vehicle parking or temporary storage of overburden	100 feet	100 feet	100 feet	100 feet	100 feet	100 feet
On-site access roads, loading and weighing facilities	300 feet	300 feet1	500 feet	100 feet1	100 feet	100 feet
Other operational equipment, structures and/or improvements	300 feet	300 feet	500 feet, except 300 feet for a berm	100 feet	100 feet	100 feet

NOTES:
1	There shall be no setback limitation for on-site access roads from these uses so long as fencing and screening, as required by this section, act to buffer the access roads from such uses. Nonconforming setbacks requirements existing on June 28, 1993, may be continued without additional Zoning Officer or Zoning Hearing Board action as to the boundaries of all parcels occupied by such quarries.

F. Access. Vehicular access shall be so arranged as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby properties. Access drives used by trucks shall only intersect with collector or arterial roads, as identified in § 27-315.

(1) All access drives shall be designed and located so as to permit the following minimum sight distances measured from a point at least 10 feet behind the curbline or edge of cartway of an intersecting public street. No sight obstructions shall be permitted which are greater than three feet or less than 10 feet above the street surface:

Speed Limitation on Public Street (mph)	Required Sight Distance (feet)
25	240
30	275
35	315
40	350
45	425
50	475
55	550

(2) All access drives serving the site shall have a paved minimum thirty-five-foot-wide cartway for a distance of at least 200 feet from the intersecting street right-of-way line. In addition, a fifty-foot-long gravel section of access drive shall be placed just beyond the preceding 200-foot-long paved section to help collect most of the mud that may have attached to a vehicle's wheels.

(3) In general, access drives shall intersect public streets at 90° as site conditions permit; however, in no case shall access drives intersect public streets at less than 70°. Said angle shall be measured from the center line of the street to the center line of the access drive.

G. Traffic Impact. A traffic impact study meeting the requirements of the Chapter 22, Subdivision and Land Development, shall be conducted by a professional engineer and be submitted to the Township.

H. Reclamation. The applicant shall demonstrate compliance with applicable state laws and DEP regulations. The applicant shall provide a detailed description of the proposed use of the site, once reclamation has been completed, including a description of any zoning and/or subdivision approvals or remedies that would be necessary to accommodate the proposed use. If, after the date of the Board's decision, the applicant changes the reclamation plan, the applicant shall provide a detailed description of the proposed use of the site set forth in the revised reclamation plan, including a description of any zoning and/or subdivision approvals or remedies that would be necessary to accommodate the revised proposed use to the Zoning Officer within 15 days after submission of such revision to DEP. If the proposed revision to the reclamation plan requires further zoning approvals, the applicant shall file all necessary applications with the Township within 60 days after submission of the revised reclamation plan to DEP. The applicant shall provide copies of any DEP approvals relating to the reclamation plan within 30 days after receipt of such approvals.

I. Screening. Where the proposed use adjoins a residential district, an existing residence and/or a public road, berming and screening shall be provided. The berm shall be an earthen berm at least 10 feet in height which shall be located on the quarry site and placed so as to maximize the berm's ability to absorb and/or block views of noise, dust, smoke, etc., generated by the quarry. The berm shall be completely covered and maintained in an approved vegetative ground cover. A landscape screen shall top the berm which shall consist of evergreen trees of not less than five feet in height at the time of planting that shall be planted at intervals of not more than 20 feet. The landscape screen shall be permanently maintained.

J. Operations Progress Report. Within 90 days after commencement of surface mining operations and each year thereafter, the operator shall file an operations and progress report with the Zoning Officer setting forth all of the following:

(1) The name or number of the operation.

(2) The location of the operation with reference to the nearest public road.

(3) A description of the tract or tracts, including a site plan showing the location of all improvements, stockpiles, quarry pits, etc.

(4) The name and address of the landowner or his duly authorized representative.

(5) An annual report of the type and quantity of mineral produced.

(6) The current status of the reclamation work performed in pursuance of the approved reclamation plan.

(7) A maintenance report for the site that verifies that all required fencing, berming and screening has been specifically inspected for needed repairs and/or maintenance and that such needed repairs and/or maintenance has been performed.

(8) Verification that the proposed use continues to comply with all applicable state regulations. The operation shall furnish copies of any approved permits and/or any notices of violation issued by the DEP.

K. Outdoor Stockpiling of Materials. Outdoor stockpiling of quarried materials is permitted in any yard area, notwithstanding the provisions of § 27-303.2 of this chapter, provided that the fencing and screening required by Subsection 48D and I above are between the stockpiled materials and any residential district, existing residence, public road, and/or use unrelated to mineral extraction.

49. Mixed-Use Building.

A. For the purposes of this term, a mixed-use building shall contain a mix of residential and commercial uses. However, a building may include a mix of two or more business uses in any case, where the uses are allowed by the zoning district.

B. No nonresidential use shall be located on a floor above any residential use.

C. Drive-through service is prohibited.

D. The mixed-use building shall adhere to the height requirements of the underlying district.

E. Residential units (apartments above commercial) within a mixed-use building shall be designed to have a private access separate from that of the commercial uses.

F. Each residential unit shall be provided with an average minimum of 200 square feet of open space, in the form of a balcony, roof deck, or outdoor seating area, except that units located within 1,500 feet of a landscaped green or park shall be exempt from this requirement.

50. Model Home; Development Sales Office.

A. Model homes and development sales offices are permitted in developments of six or more homes.

B. Model homes and development sales offices shall meet all setback requirements of the underlying district.

C. A minimum of four off-street parking spaces shall be provided within 150 feet of the facility.

D. The structure housing this use shall either be removed or converted into a dwelling when less than two empty lots or dwelling units remain for sale. Any parking that exceeds what is needed for the dwelling shall be removed at that time.

51. Multifamily Dwellings. Unless otherwise specified by the TND option or the multifamily mixed-use development standards in this section, multifamily dwellings shall meet the following standards:

A. Minimum lot area: 20,000 square feet.

B. All units shall be connected to public sewer and public water systems.

C. Maximum permitted density: See the requirements of the applicable zoning district.

D. Minimum lot width: 150 feet at the lot frontage and at the building setback line.

E. Minimum Required Perimeter Setback.

(1) Side yard: 35 feet each.

(2) Rear yard: 35 feet.

F. Minimum Separation between buildings on the same lot/tract:

(1) Where multifamily buildings on the same lot back up to one another and there is not an alley present, there shall be a minimum of 50 feet between the rear of buildings.

(2) There shall be a minimum of 20 feet between the sidewalls of a multifamily building and any other type of residential building on the same lot.

G. Multifamily units shall front on a street, a parking court or common open space.

H. Off-street parking and loading shall not be located in the area between a street right-of-way and the minimum front setback line of dwellings. Parking and loading areas shall be set back a minimum of 25 feet from side and rear lot lines.

I. At least 15% of any multiple-family-dwelling development site shall be devoted to common open space. The location, design, ownership and maintenance of such common open space shall be subject to the requirements of § 27-320 of this chapter.

J. The maximum length of a multifamily building shall not exceed 80 feet in any single direction. This may be increased to no greater than 240 feet, subject to the following:

(1) There shall be architectural variations in the facade, including variations in the front facade setback, provision of balconies, provision of dormers, variations in rooflines, variations in colors or materials, variations in roof pitches, or similar architectural variations.

52. Multifamily Mixed-Use Development.

A. Minimum development tract lot area: 15 acres.

B. Minimum development tract lot width: 200 feet.

C. The development tract shall have at least two street frontages, and at least one point of access shall be via an arterial or a collector road.

D. All buildings shall be provided with public sewer service and public water service.

E. The maximum residential density shall be nine dwelling units per acre based upon the lot area of the development tract. The maximum residential density shall include all apartments/multifamily dwelling units and all apartments over nonresidential space. Townhouses may also be included in a portion of a multifamily mixed-use development, provided they comply with the dimensional regulations of the district and the overall maximum density.

F. The density shall be calculated after deleting any area of the lot that is only used for business purposes and related parking.

G. Off-street parking shall be permitted between a primary facade of a building and a street or internal access drive extending from one street frontage to the other street frontage if a street wall comprised of freestanding walls or fences or hedges or other architectural features, or some combination thereof, is utilized to screen the parking area.

H. Off-street loading shall comply with § 27-311 except as modified by this subsection. A ground level loading area may be permitted in the front yard if the buildings are oriented toward an internal public or private street or an access drive and not the perimeter street access. Off-street parking spaces may be utilized for after-hours deliveries in place of a designated off-street loading space if appropriate signage is installed prohibiting loading during business hours and prohibiting parking at the time the loading spaces will be used.

I. Permitted Nonresidential Uses. Within a multifamily mixed-use development, nonresidential uses shall be limited to uses permitted as of right within the COM District as set forth in Part 2, but shall not include contractor shops, sign makers, recycling collection facilities, shopping centers, and places of worship. Uses permitted by special exception or conditional use approval within the COM District shall not be permitted as part of a multifamily mixed-use development.

J. A development tract containing a multifamily mixed-use development shall be developed as a unit, and the entire multifamily mixed-use development shall be shown on a single plan submitted under the Chapter 22, Subdivision and Land Development.

K. If a multifamily mixed-use development is to be developed as a single lot, the required front-, side- and rear-yard setbacks shall apply only to the perimeter boundaries of the multifamily mixed-use development, whether ownership of the single lot is held in fee by a single entity or the single lot is subject to condominium or planned community ownership under the Pennsylvania Uniform Condominium Act or the Pennsylvania Uniform Planned Community Act.[3] The applicant shall submit the documentation for the condominium or planned community to the Township for review by the Township Solicitor to confirm such documentation complies with this section, requirements of Chapters 22, Subdivision and Land Development, and 23, Stormwater Management, and all conditions imposed upon plan approvals.

[3] Editor's Note: See, respectively, 68 Pa.C.S.A. §§ 3101 et seq. and 5101 et seq.

L. If a multifamily mixed-use development is to be developed under a master association, as that term is defined and regulated in the Pennsylvania Uniform Condominium Act and/or the Pennsylvania Uniform Planned Community Act, which meets the criteria in this Subsection 52L, the development tract shall be considered as a single lot, and the required front-, side- and rear-yard setbacks shall apply only to the perimeter boundaries of the multifamily mixed-use development. All of the multifamily dwelling units which are part of the multifamily mixed-use development shall be under single ownership unless the applicant obtains a special exception to allow individual dwelling units to be separately conveyed. If the applicant does not obtain such a special exception prior to the approval and recording of the land development plan, the plan shall include notes in a form acceptable to the Township Solicitor requiring that all residential units be held under single ownership unless and until the landowner obtains a special exception to allow separate conveyance.

(1) In order to obtain such a special exception, the applicant shall demonstrate that all dwelling units shall be members of a single association; such single association shall be provided with a restricted capital account funded in an amount at least equal to the cost to maintain all off-street parking and stormwater management facilities for a ten-year period, which restricted account cannot be used for regular operations, including maintenance of lawn or payment of water and sewer bills; and such association shall be the single customer for public water and public sewer service unless the applicable water or sewer service provider, in its sole discretion, is willing to bill individual dwelling unit owners.

(2) The applicant shall submit the documentation for the condominiums and/or planned communities and the master association to the Township for review by the Township Solicitor to confirm such documentation complies with this section, requirements of Chapter 22, Subdivision and Land Development, and Chapter 23, Stormwater Management, and all conditions imposed upon plan approvals.

M. Except as set forth in Subsection 52L above, if the development tract of a multifamily mixed-use development is to be subdivided into two or more fee-simple lots, each lot and each structure on such lot shall meet all requirements of the zoning district in which such lot is located.

53. Mushroom Operations, Commercial.

A. Any processing, loading, storage, and packaging operations must be conducted within a completely enclosed building that is leak- and vector-proof.

B. The applicant must demonstrate compliance (through a written statement) and continue to comply with all applicable state and federal standards and regulations.

C. The use shall be screened from all roads and adjoining properties.

D. All uses shall provide sufficiently long stacking lanes into the facility, so that vehicles waiting to be weighed or loaded/unloaded will not back up onto public roads.

E. All driveways onto the site must be paved for a distance of at least 100 feet from the street right-of-way line. In addition, a fifty-foot-long gravel section of driveway shall be placed just beyond the preceding 100-foot-long paved section to help collect any mud that may have attached to a vehicle's wheels.

F. The unloading, processing and transfer of spent mushroom compost shall be continuously supervised by a qualified facility operator.

G. Any leachate shall be disposed of in a manner in compliance with any applicable state and federal laws or regulations. If leachate is to be discharged to a municipal sewage facility, appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with DEP regulations.

H. The applicant shall submit a water needs assessment (groundwater or surface water) from either private or public sources, indicating quantity of water required. If the source is from a municipal system, the applicant shall submit documentation that the public authority will supply the water needed.

(1) In addition, a water feasibility study will be provided to enable the Township to evaluate the impact of the proposed development on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on existing wells in the vicinity. The water feasibility study shall be reviewed by the Township Engineer.

(2) A water system which does not provide an adequate supply of water for the proposed development, considering both quantity and quality, or does not provide for adequate groundwater recharge, considering the water withdrawn by the proposed development, shall not be approved by the Township.

(3) A water feasibility study shall include the following information:

(a) Calculations of the projected water needs.

(b) A geologic map of the area with a radius of at least one mile from the site.

(c) The location of all existing and proposed wells within 1,000 feet of the site and all known point sources of pollution.

(d) Based on the geologic formation(s) underlying the site, the long-term safe yield shall be determined.

(e) Determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams, and the groundwater table.

(f) Statement of the qualifications and the signature(s) of the person(s) preparing the study.

I. A minimum fifty-foot-wide buffer strip shall be located along all property lines. No composting, storage, buildings, structures, storage, parking, or any other related activity or operation shall be permitted within this buffer strip. Any fences or other screening erected on the site must not be located within this buffer strip.

J. The applicant shall provide an analysis of the physical conditions of the primary road system serving the proposed use. The analysis shall include information on the current traffic flows on this road system, and projections of traffic generated by the proposed use. Improvements to the road shall be provided by the applicant to ensure safe turning movements to and from the site and safe through-movement on the existing road.

K. Any structure used for the storage, loading, processing and/or packaging of spent mushroom compost shall be set back at least 100 feet from all property lines, and 500 feet from any residentially zoned properties. In addition, any ventilation outlets must be oriented away from any land within an adjoining residential district.

54. Nightclub and Tavern.

A. No part of the subject property shall be located within 200 feet of any residentially zoned land.

B. The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, light, and/or litter.

C. The applicant shall furnish expert evidence as to how the use will be controlled so as to not constitute a nuisance due to noise or loitering outside the building.

D. A working plan for the cleanup of litter shall be furnished and implemented by the applicant.

55. Nursing Home, Assisted Living Residence, Personal Care Home or Hospice.

A. Minimum lot area: two acres, except one acre for a use serving 10 or fewer residents.

B. A minimum of 10% of the lot area shall be outdoor patios, outdoor recreation areas or be landscaped with accessible trails for use of the residents.

55A. Other Lawful Use Not Specifically Addressed. See § 27-403.

56. Place of Worship.

A. Standards for the Actual Place of Worship.

(1) Minimum lot area: two acres within the AG, RM, SR, V, and MU Districts, provided that within the AG District no place of worship shall contain more than five acres of lot area. In other districts, a place of worship shall meet the standard dimensional requirements of that district.

(2) Minimum lot width: 200 feet where a lot of one acre or more is required.

(3) All places of worship shall have vehicular access to an arterial or collector highway.

(4) Minimum side yard setback: 50 feet each side within the AG, RM, SR, V or SR Districts; within all other districts, the side yard setback shall be as set forth in the applicable district.

(5) All new off-street parking areas shall be set back at least 25 feet from the street right-of-way line.

B. Place of Worship Related Residences (such as Rectories, Parsonages and Convents). A maximum of one accessory dwelling unit shall be allowed for employees of the place of worship or a family, including an employee on the place of worship lot. If a dwelling is provided on another lot, it shall be regulated in the same manner as any other dwelling.

(1) All residential uses shall be governed by the location, height and bulk standards imposed upon other residences within the site's district.

(2) A second accessory dwelling unit shall be allowed if the place of worship involves male and female staff who are not allowed to live within the same dwelling unit.

C. Place-of-Worship-Related Educational or Day-Care Facilities.

(1) A child day-care center shall be allowed as an accessory use within a place of worship building.

(2) If nursery or elementary education or day care is offered, the day-care requirements of this § 27-402 shall be met.

D. Cemeteries. A cemetery shall meet the same regulations in this section as any other cemetery, but may be on the same lot as a place of worship.

57. Recycling Facility for Paper, Plastic, Glass, and Metal Products.

A. All operations, including collection, shall be conducted within a completely enclosed building.

B. There shall be no outdoor storage of materials processed, used, or generated by the operation.

C. The applicant shall explain the scope of operation, and offer expert testimony regarding the measures used to mitigate problems associated with noise, fumes, dust, and litter.

D. The applicant will be required to assure regular maintenance of the site to immediately collect stray debris.

58. Retail Sale of Agricultural Products. See § 27-302.18.

59. Retail Sales (Including Auto Parts Without Installation or Repair Services), With a Total Sales and/or Display Area in Excess of 100,000 Square Feet of Building Floor Area.

A. The subject property shall have vehicle access from an arterial or collector road, and all vehicle entrances shall be set back at least 200 feet from the intersection of any street right-of-way lines.

B. Minimum lot size: three acres.

C. Minimum Setback Requirements. The following provisions shall apply unless a more restrictive provision applies under the zoning district regulations:

(1) Front Yard. All buildings, structures (except permitted signs), off-street parking areas, and outdoor loading areas shall be set back a minimum of 25 feet from the street right-of-way.

(2) Side and Rear Yards. All buildings, dumpsters and structures shall be set back at least 40 feet from all side and rear lot lines.

(3) Residential Buffer Strip. Any lot adjoining land within a residential district shall maintain a 100-foot-wide setback between buildings, off-street parking lots and loading areas, and residentially zoned parcels. Such areas shall be used for screening.

D. Landscaping. Any portion of the site not used for buildings, structures, loading areas, outdoor storage areas, and sidewalks shall be maintained by a vegetative ground cover and other ornamental plantings.

E. A minimum twenty-five-foot-wide landscape strip shall be provided along all property lines.

F. Screening. Screening shall be provided to screen parking areas in such a manner so as to create a complete visual barrier within two years of installation. Grading to depress the parking areas, raised berms, landscaping, or fencing are satisfactory methods to create this visual barrier.

G. Off-Street Parking. Off-street parking shall be provided at a rate of one off-street parking space per 200 square feet of floor area devoted to customer sales or service.

H. Traffic Impact Study. A traffic impact study meeting the requirements of Chapter 22, Subdivision and Land Development, shall be conducted by a professional engineer and be submitted to the Township.

I. Public Water and Sewer. The site shall be served by public water and public sewer service.

J. Applications shall comply with the lighting requirements in Chapter 22, Subdivision and Land Development.

K. Shopping Cart Storage. Defined area(s) on the site shall be furnished for the storage of shopping carts or mobile baskets. Storage areas shall be clearly marked and designated for the storage of shopping carts. If such spaces are located within the parking areas, they shall not be counted toward the required minimum off-street parking.

60. School, Primary or Secondary.

A. Minimum lot size: one acre for up to 30 students, with a minimum of two acres for more than 30 students.

B. Maximum lot size within the AG District: four acres.

C. Maximum lot coverage: 60%.

D. Maximum height: 35 feet.

E. The principal building and all recreational/athletic/play areas shall comply with the standards in the applicable zoning district.

F. All off-street parking lots shall be set back a minimum of 25 feet and screened from adjoining property lines.

G. Outdoor play areas shall be provided in accordance with state licensing laws and shall not be located on driveways or off-street parking lots. Outdoor play areas shall not be located within the front yard and shall be set back a minimum of 25 feet from all property lines.

H. Passenger dropoff and pickup areas shall be provided and arranged so that students do not have to cross traffic lanes on or adjacent to the site.

61. School Support Facility.

A. Waste Management. All such facilities shall be required to furnish and implement a working waste disposal plan addressing materials, including, but not limited to, used tires, waste motor oil, etc.

B. Additional Requirements Within the V and RM Districts:

(1) Minimum lot size: 10 acres.

(2) Access. The use shall be accessed from either a collector or an arterial roadway, as classified by § 27-315.

(3) The use shall include a plant buffer that meets the requirements of Chapter 22, Subdivision and Land Development.

62. Self-Storage Facility.

A. Off-street parking spaces shall be provided according to the schedule listed in § 27-310.12 of this chapter.

B. Parking shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least 22 feet wide when storage units open onto one side of the lane only, and at least 26 feet wide when storage units open onto both sides of the lane.

C. Required parking spaces may not be rented as, or used for, vehicular storage. However, additional external storage area may be provided for the storage of privately owned recreational vehicles and/or boats, so long as such external storage area is screened from adjoining residentially zoned land and adjoining roads, and is located behind the minimum front yard setback line. This provision shall not be interpreted to permit the storage of partially dismantled, wrecked, or inoperable vehicles.

D. All storage shall be kept within an enclosed building except that the storage of flammable, highly combustible, explosive or hazardous chemicals shall be prohibited. Any fuel tanks and/or machinery or other apparatuses relying upon such fuels shall be stored only in an external storage area as described above.

E. An on-site manager shall be required to be on the site on a full-time basis and shall be responsible for maintaining the operation of the facility in conformance with the conditions of approval and all applicable ordinances. Any dwelling for a resident manager shall comply with all of those requirements listed within § 27-302.

F. Self-storage facilities in the V District shall have a maximum of 40,000 square feet of building floor area, and a minimum distance of 1,000 feet between an existing mini-warehouse and any other similar storage warehouse.

G. No door openings for any self-storage unit shall be constructed facing any residentially zoned property.

H. Self-storage facilities shall be used solely for the storage of property. The applicant shall adequately demonstrate that all rental agreements will specifically prohibit the following types of uses. The following lists examples of uses expressly prohibited upon the site:

(1) Auctions, commercial wholesale or retail sales, or garage sales, except for sale of contents that are abandoned.

(2) The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment.

(3) The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment.

(4) The establishment of a transfer and storage business.

(5) Any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations.

(6) Overnight stays or human habitation of any kind.

63. Septage and Biosolids Disposal and/or Processing Facility and/or Solid Waste Disposal and/or Processing Facility.

A. Any processing of septage and/or solid waste (including, but not limited to, incineration, composting, shredding, compaction, material separation, refuse-derived fuel, or pyrolysis) shall be conducted within a completely enclosed building.

B. No refuse shall be deposited or stored, and no building or structure shall be located, within 200 feet of any property line, and 500 feet of any land within a residential district.

C. Any external area used for the unloading, transfer, storage, or deposition of refuse must be completely screened from view at the property line. (The use of an earthen berm is encouraged where practicable.) In addition, such areas must also be completely enclosed by an eight-foot-high fence, with no openings greater than two inches in any direction.

D. The applicant must demonstrate compliance (through a written statement) and continue to comply with all applicable state and federal standards and regulations.

E. The use shall be screened from all adjoining residentially zoned properties.

F. All uses shall provide sufficiently long stacking lanes into the facility, so that vehicles waiting to be weighed will not back up onto public roads.

G. All access drives onto the site shall be paved for a distance of at least 200 feet from the street right-of-way line. In addition, if portions of on-site access drives are unpaved, then a fifty-foot-long gravel section of driveway shall be placed just beyond the preceding two-hundred-foot paved section to help collect any mud that may have attached to a vehicle's wheels.

H. Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against the indiscriminate and unauthorized dumping, all areas of the site shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations.

I. Hazardous waste, as described by the DEP, shall not be disposed of within the proposed area.

J. Litter control shall be exercised to prevent the scattering of wind-borne debris, and a working plan for the cleanup of litter shall be submitted to the Township.

K. The unloading, processing, transfer, and deposition of septage and/or solid waste shall be continuously supervised by a qualified facility operator.

L. Any waste that cannot be used in any disposal process or material that is to be recycled shall be stored in leak- and vector-proof containers. Such containers shall be designed to prevent their being carried by wind or water. These containers shall be stored within a completely enclosed building.

M. All storage of septage and/or solid waste shall be indoors in a manner that is leak- and vector-proof. During normal operation, no more solid waste shall be stored on the property than is needed to keep the facility in constant operation; but, in no event, for more than 72 hours.

N. A contingency plan for the disposal of solid waste during a facility shutdown shall be submitted to the Township.

O. Leachate from the septage and/or solid waste shall be disposed of in a manner in compliance with any applicable state and federal laws or regulations. If leachate is to be discharged to a municipal sewage facility, pretreatment shall be required and appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with the DEP's regulations.

P. All structures shall be set back at least a distance equal to their height.

Q. The applicant shall submit an analysis of raw water needs (groundwater or surface water) from either private or public sources, indicating quantity of water required. If the source is from a municipal system, the applicant shall submit documentation that the public authority will supply the water needed. In addition, a water feasibility study will be provided to enable the municipality to evaluate the impact of the proposed development on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on existing wells in the vicinity. The water feasibility shall be reviewed by the Township Engineer. A water system which does not provide an adequate supply of water for the proposed development, considering both quantity and quality, or does not provide for adequate groundwater recharge, considering the water withdrawn by the proposed development, shall not be approved by the Township. A water feasibility study shall include the following information:

(1) Calculations of the projected water needs.

(2) A geologic map of the area with a radius of at least one mile from the site.

(3) The location of all existing and proposed wells within 1,000 feet of the site, with a notation of the capacity of all high-yield wells.

(4) The location of all existing on-lot sewage disposal systems within 1,000 feet of the site.

(5) The location of all streams within 1,000 feet of the site and all known point sources of pollution.

(6) Based on the geologic formation(s) underlying the site, the long-term safe yield shall be determined.

(7) A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams, and the groundwater table.

(8) A statement of the qualifications and the signature(s) of the person(s) preparing the study.

R. The applicant shall provide an analysis of the physical conditions of the primary road system serving the proposed use. The analysis shall include information on the current traffic flows on this road system, and projections of traffic generated by the proposed use. Improvements to the road shall be provided by the applicant to ensure safe turning movements to and from the site and safe through-movement on the existing road.

S. A minimum 100-foot-wide landscape strip shall be located along all property lines. No structures, storage, parking, or any other related activity or operation shall be permitted within this landscape strip. Any fences or other screening erected on the site must not be located within this landscape strip.

T. Any sanitary landfill must be owned and operated by a municipality or a municipal or county authority.

U. This section is not intended to regulate land application of biosolids that comply with DEP regulations for such application.

V. Composting shall not involve waste containing asbestos, biomedical wastes, toxic or radiological wastes or hazardous wastes. This requirement shall apply throughout the Township.

64. Shopping Center.

A. The subject property shall have access via an arterial or collector road.

B. Minimum lot size: three acres.

C. Minimum lot width: 200 feet.

D. Only uses permitted within the underlying district as principal uses shall be permitted within such center. Individual uses shall meet any applicable supplementary standards found in Part 4 of this chapter.

E. Both public sewer and public water facilities shall be utilized.

F. Maximum lot coverage: in accordance with the subject zoning district.

G. A traffic impact study meeting the requirements of Chapter 22, Subdivision and Land Development, shall be conducted by a professional engineer and be submitted to the Township.

H. Signage. See § 27-313.

I. Where permitted within the MU District, shopping centers that exceed 50,000 square feet of sales and/or display area shall meet the following conditions:

(1) The center shall be designed to be a minimum of two stories along Doe Run Road.

(2) The center shall provide a central pedestrian plaza or green that is accessible from the street, and embellished with outdoor dining (where feasible), landscaping, benches, lighting and other amenities. Such plaza or green shall be a minimum of 6,500 square feet or 5% of the gross tract area, whichever is greater.

J. The proposed development shall be constructed in accordance with an overall plan and shall be designed as a single architectural scheme with common landscaping. In the event that the proposed development is to be constructed in more than one stage, the parking areas to be constructed may be limited to the applicable ratio of parking to gross leasable area of the initial and successive stages as the case may be.

K. The minimum distance between buildings on a lot shall be 30 feet to allow for a twenty-foot Fire Department access lane and five feet for foundation plantings around each building.

L. All buildings shall be designed and sited to reflect a sensitivity to existing natural features and to be responsive to solar orientation, wind exposure and energy efficiency.

M. All signs, lighting, benches and other structures shall be designed, built and maintained in keeping with the architectural character and theme of the shopping center.

N. As applicable, the application shall comply with Part 8, Design Standards, and Part 10 of Chapter 22, Subdivision and Land Development.

O. Buildings shall be a maximum length of 175 feet in any direction, but may be increased to no greater than 500 feet, subject to the following:

(1) No architecturally unbroken building face shall be longer than 160 feet, where a building face shall be considered architecturally broken if there is a deflection in the building axis of at least 30°, or where there is no deflection in the building axis of 30°, an integral architectural feature of the building projects from the building face a minimum of five feet for a minimum distance of 25 feet along the building face. Such architectural feature shall extend the entire height of the building.

(2) Two different facade treatments shall be used on the building, such as brick, stone, stucco, or vinyl siding veneers.

(3) A variety of window sizes, doors, rooflines, and structural offsets shall be used.

(4) The roofline of the building shall be broken vertically to create no less than a half-story difference in building elevation, which shall affect at least 1/3 of the building length.

P. At least one principal building shall be at least partially set back a maximum of 50 feet from a street right-of-way.

65. Solar Energy System.

A. Accessory Solar Energy Systems. Accessory systems are permitted in all zoning districts subject to the following additional regulations:

(1) A solar energy system shall be considered accessory only if it supplies electrical or thermal power primarily for on-site use, except that net metering shall be permitted per state law.

(2) The owner of the accessory alternative energy source shall provide written confirmation that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and that such connection meets applicable state and federal regulations. Off-grid systems shall be exempt from this requirement.

(3) To the greatest extent feasible, accessory solar energy systems shall be roof mounted, or located over an existing impervious surface. The applicant must demonstrate that roof mounting is infeasible prior to any application for a ground-mounted system.

(4) Where accessory ground-mounted systems are permitted, such system shall meet the following:

(a) No ground-mounted system shall be located in a minimum front yard of any zoning district, except on farm parcels in the AG District, where there shall be a minimum setback of 25 feet from the street line.

(b) Ground-mounted systems shall meet accessory structure setbacks for the underlying district.

(c) The surface area of a ground-mounted collectors shall be calculated as part of overall lot coverage.

(5) Ground-mounted systems or solar canopies over parking shall not exceed 15 feet in total height.

(6) Solar collectors may cover any building roof. Roof-mounted systems shall not extend more than five feet above the top of the building roof.

(7) All new power transmission lines from a solar energy system to any building shall be located underground.

(8) Falling of healthy, mature trees in order to provide solar access is strongly discouraged.

(9) Solar collectors may cover any parking area, provided the solar canopy structure meets accessory structure setbacks.

B. Principal Solar Energy Systems.

(1) For a ground-mounted solar energy system in the AG District, the applicant shall demonstrate that the use will not cover more than two total acres of land with soils of agricultural capability classes 1, 2 or 3, as mapped by the U.S. Natural Resources Conservation Service.

(2) Principal solar energy systems shall be subject to the maximum height requirements of the underlying zoning district, except roof-mounted systems may extend up to six feet above a building roof as necessary to capture sunlight.

(3) The applicant shall provide a site plan to the Township at the time of the zoning application that shows the locations of the panels, the materials or vegetation that will be maintained under the panels, setbacks, driveways, proposed types and locations of plant screening adjacent to streets or dwellings, and the locations of any new electrical transmission lines or substations.

(4) All solar panels, equipment and accessory structures shall be enclosed by a fence to prevent unauthorized persons or vehicles from entering the facility. Such fencing shall be a minimum of six feet high. Mostly evergreen plant screening with an initial minimum height of three feet shall be placed between the fencing and any of the following: a) an abutting public road, b) land in a residential district or c) a dwelling that is within 250 feet of solar facilities. The plant screening shall be provided in a buffer yard with a minimum width of 20 feet.

(5) Clearly visible warning signs shall be placed around the perimeter of the property and at the facility entrance to inform individuals of the potential voltage hazards.

(6) Facilities shall not have any artificial lighting beyond that required for security and safety purposes.

(7) Signage shall be limited to one identification sign of up to 10 square feet sign area, as well as signs necessary to warn of hazards or to limit trespassing.

(8) Solar panels shall be designed to prevent glare from adversely affecting other properties and occupied buildings as well as traffic.

(9) The design of the solar energy system shall conform to applicable industry standards. As a condition of construction permit approval, the applicant shall submit certificates of design compliance as applicable from the equipment manufacturers from Underwriters' Laboratories (UL), Institute of Electronics and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), ETL Testing Laboratories, Florida Solar Energy Center (FSEC), or other similar certifying organization.

(10) Decommissioning of Solar Energy System. The applicant shall sign an agreement stating that when the facility is no longer used to generate solar electricity as intended, the facility shall be removed at the applicant's expense within six months. The agreement shall be written in language acceptable to the Township Solicitor and may, if requested by the Township, require a bond for estimated expenses of removal. Such agreements shall be binding upon future owners or leasees of the facility. The decommissioning shall include removal of all systems, equipment, buildings, cabling, electrical components, foundations and other associated facilities.

(11) The surface area of ground-mounted collectors shall be calculated as part of overall lot coverage.

65A. Solid Waste Disposal or Processing Facility. See "Septage and Biosolids Disposal and/or Processing Facility and/or Solid Waste Disposal and/or Processing Facility" in this section.

66. Stable, Commercial.

A. Noncommercial stables shall be regulated as noncommercial keeping of animals.

B. Commercial Stables.

(1) Minimum lot area: 10 acres.

(2) Any structure used for the boarding of horses shall be set back at least 200 feet from any property line.

(3) All stables shall be maintained so as to minimize odors perceptible at the property line.

(4) All outdoor training, show, riding, boarding, or pasture areas shall be enclosed by a minimum four-foot-high fence, which is located at least 25 feet from all property lines.

(5) All parking lots and unimproved overflow parking areas shall be set back at least 10 feet from adjoining lot lines. Unimproved overflow parking areas shall also provide a fence delineating such occasional parking facilities and preventing the parking and/or movement of vehicles across neighboring properties.

67. Stockyards.

A. No part of the subject property shall be within 500 feet of any residentially zoned land.

B. A working plan for the removal of deceased animals shall be submitted and continuously implemented by the applicant. In no case shall any deceased animals remain on the site for more than 24 hours.

C. All access drives onto the site shall be paved for a distance of at least 200 feet from the street right-of-way line. In addition, a fifty-foot-long gravel section of driveway should be placed just beyond the preceding 200-foot paved section to help collect any mud that may have attached to a vehicle's wheels.

D. The owner and/or operator shall be responsible for removing any mud from public roads caused by persons traveling to and from the site.

E. Adequate off-street parking and loading areas must be provided. No parking or loading/unloading shall be permitted on or along any public road.

F. Soil erosion, sedimentation, and stormwater runoff shall be controlled in accordance with all applicable laws and regulations.

G. A traffic impact study meeting the requirements of the Chapter 22, Subdivision and Land Development, shall be conducted by a professional engineer and be submitted to the Township.

H. The subject property shall front along and have access to an arterial road.

I. Any area used for the storage, keeping, feeding, watering, or running of livestock shall be completely enclosed by suitable fencing to prevent animal escape, and such area shall be set back at least 200 feet from all property lines.

J. All outdoor loudspeaker and lighting systems shall be designed, arranged and operated so as to prevent objectionable impact on adjoining parcels and roads.

68. Target Range.

A. These regulations apply to firearms target ranges, other than: 1) a completely indoor and soundproofed target range, or 2) a personal target range.

B. All target ranges shall have a barrier behind the target area which is of sufficient height and thickness to adequately protect the public safety.

C. The design of the target range shall be compared by the applicant with applicable published guidelines of the National Rifle Association. The Board of Supervisors may consider such guidelines to be the generally accepted standard for the safety of these facilities.

D. A firearms target range and any firing stations shall be located a minimum of 450 feet from any lot line of a dwelling on another lot and 100 feet from any other lot line. Clay pigeon shooting shall be directed away from homes and streets.

E. A firearms target range shall be properly posted. The Zoning Hearing Board may require fencing as necessary.

F. A target range shall only be used for types of firearms or other weapons for which it was specifically designed.

G. A target range shall not be used after sunset or before sunrise. Maximum hours and days of operation may be established as a condition of the zoning approval.

H. Minimum lot area: 10 acres.

I. Wherever woods exist adjacent to an exterior lot line of an outdoor firearms target range, such woods shall be preserved within at least 100 feet of each such lot line, except for approved driveway, utility and trail crossings.

69. Tattoo/Body Piercing Establishment.

A. Such use shall be set back a minimum of 500 feet from: 1) any land within a residential district, or 2) any lot line of a lot including a school, place of worship, or public recreation facility.

B. There shall be a minimum of 1,000 feet between any two such establishments.

70. Temporary Farm Employee Housing.

A. For each farm of more than 10 acres, one manufactured/mobile home is permitted for the use of farm workers (and their families) who are employed by the owner of the farm, for such time as the employee works the land of the owner.

B. Such units shall be located a minimum of 150 feet from any lot line and a minimum of 75 feet from the street right-of-way.

C. The manufactured/mobile home shall be occupied at least 120 days a year by at least one person who is employed on the farm where the manufactured/mobile home is located. If this condition is not satisfied, the manufactured/mobile home shall be removed within 120 days.

71. Traditional Neighborhood Development (TND).

A. Purposes.

(1) To comply with Article VII-a, Traditional Neighborhood Development, of the MPC, in particular those purposes and objectives listed in § 701-A,[4] such as: encouraging innovation for mixed-use pedestrian-oriented development; extending opportunities for housing; encouraging a more efficient use of land; allowing for integrated, mixed-use, pedestrian-oriented neighborhoods; establishing public space; minimizing traffic congestion; and fostering a sense of place and community.

[4] Editor's Note: See 53 P.S. § 10701-A.

(2) To emulate compact, mixed-use, walkable TNDs such as Richmond Square, Brighton, Newport Square and the like, with the features such as parks, centrally located public greens, civic and public buildings, and recreational facilities.

(3) To implement the Comprehensive Plan.

(4) To provide opportunity for future growth and development that will assist the Township to meet growth management goals for appropriate densities, the efficient use of land, and preservation of agricultural lands.

B. Eligibility.

(1) Ownership. The development tract may be held in single and separate ownership or by multiple owners; however, when a development tract is held in multiple ownership, it shall be planned as a single entity with common authority and common responsibility.

(2) Any tract to be developed as a TND shall be served by public sewer and public water.

(3) Any application to develop a tract of 15 acres or greater as a TND shall be accompanied by, and comply with a manual of written and graphic design guidelines per § 708-A of the MPC,[5] prepared by the applicant ("applicant's proposed manual") and subject to Township approval, pertaining to such specific proposed features as architecture, building materials, fencing, walls, landscaping, signs, streets, pedestrian circulation, parking, lighting and streetscape.

[5] Editor's Note: See 53 P.S. § 10708-A.

(4) The proposed manual shall be consistent with the design standards in Part 8 of this chapter and Part 10 of the Chapter 22, Subdivision and Land Development.

(5) See Appendix 27-A.[6]

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

C. A TND may include a mix of uses allowed in the zoning district in accordance with Table 27-202, but shall be primarily comprised of residential development.

D. Minimum Use Components.

(1) Developments proposed on tracts of less than 15 acres shall have a minimum open space area of 20%.

(2) Developments proposed on tracts of 15 acres or more shall comply with the following table:

Table of TDR Use Composition
	RM	MU	COM
Minimum Residential Area(a)	65%	10%	5%
Minimum Land Area in Nonresidential Uses	0%	25%	50%
Maximum Land Area in Nonresidential Uses(a)	10%	75%	80%
Minimum Required Open Space	25%	15%	15%

NOTES:
(a)	Residential and commercial areas shall be calculated as follows:
	a)	All areas of the development tract shall be designated as residential, nonresidential, or open space. Buildings with a mix of residential and nonresidential uses may count as either type of area.
	b)	Infrastructure shall be divided proportionately between residential and nonresidential areas, as follows: In the RM District, 66.6% of the infrastructure shall count toward the residential area, with the remaining 33.4% counting toward the nonresidential area. In the MU and COM Districts, the formula shall be reversed, such that 66.6% of the infrastructure is designated to the commercial area.
	c)	For purposes of this calculation, mixed-use buildings or live-work units that contain residential uses shall be counted toward the nonresidential area.

E. Residential Density.

	RM Residential	MU Mixed-Use	COM Commercial
Permitted TND density (DU per acre)	6	6	6
Maximum density after use of TDRs and/or density bonuses	8	8	8

(1) Density calculation shall be based upon the acreage of the residential area defined in § 27-402.71D.

(2) Live-work units and apartments (over commercial) included in mixed-use buildings shall not be counted toward density calculations.

(3) Permitted TND density may be reduced or increased through the purchase of TDRs in accordance with the individual district regulations.

(4) Permitted density may be increased through approved density bonuses in accordance with Subsection 71J below.

F. Dwelling Unit Mix.

(1) Where the residential area is five acres or greater, a minimum of two of the following dwelling unit types shall be provided: single-family detached, two-family, single-family semidetached), single-family attached/townhouse, multifamily, or live-work units.

(2) Accessory dwelling units shall be permitted, provided that no more than 10% of the total number of single-family detached dwellings shall have such accessory dwelling units.

G. Natural Resource Protection. The resource protection standards of the Natural Resources Overlay shall apply.

H. Common Open Space. Common open space shall be categorized as follows:

(1) Natural resource protection areas may account for a maximum of 75% of the required common open space.

(2) A minimum of 10% of the gross tract area shall be for usable open space and greens. Such areas shall not be sloping greater than 5% and shall meet the following requirements:

(a) A central green with a minimum of 10,000 square feet shall be located adjacent to a principal street or as its terminal vista. Such green shall be fronted by, or across the street from, a mix of residential and nonresidential buildings.

(b) Smaller greens, plazas or squares shall be dispersed throughout the remainder of the TND so that no residential lot is more than 1,500 feet, as measured along the horizontal plane, from a green, plaza/square, play area or park and is accessible via sidewalks, trails, crosswalks, etc.

(3) The balance of the common TND open space areas shall be passive open space areas, natural resource conservation areas, stormwater management, and/or greens.

(4) Greens and active recreational areas shall count as part of the required usable recreation space, as per Chapter 22, Subdivision and Land Development.

(5) Paths, trails, crosswalks and/or greenways shall be provided to connect proposed common open space with any existing or planned public open space on adjoining parcels.

I. Dimensional Regulations for a TND.

(1) Any building including a principal commercial use shall include a minimum of two stories, unless the applicant proves it is unfeasible as a special exception use. The following dimensional regulations shall apply:

	RM	MU or COM
Front Yard Building Setback	Minimum 10; maximum 20.	Minimum 10; maximum 20.
Maximum Bldg. Height (Stories)	3	4
Maximum Bldg. Height (Feet)	40	60 feet

(2) If approved by the Township as part of the manual of written and graphic design guidelines, the applicant may propose distinct building setback lines for interior streets that differ from the above. Where a front yard setback of less than 50 feet is clearly predominant along a one side of a particular block, it shall be continued as a setback line for new construction.

(3) Minimum Lot Sizes and Lot Widths.

Use	Min. Lot Area (square feet unless otherwise noted)	Min. Lot Width (feet)	Min. Side Yard Setback		Min. Rear Yard Setback	Building Coverage (%)
			One	Total
SFD	5,000	50	5	12	20	30
SFSD	3,500 per unit	35/unit	5	12	20	40
Townhouse/attached single-family	1,800 (interior unit), 2,000 (end unit)	24-end units; 18 feet interior	5-end unit only	181	20	50
Multifamily	1,500 per unit	150	10	20	20	65
Live-work units	1,500 per unit	18 feet per unit	5 feet where applicable		20	65
Mixed-use buildings/apartments over commercial	2,500	25	5	10	20	65
Other permitted nonresidential uses	20,000	20	5	10	20	65

NOTES:
1	Except a minimum dwelling unit width of 24 feet shall be required for each townhouse that has a garage door(s) for two or more motor vehicles facing onto the street or that has a driveway more than 12 feet wide entering the front lot line, where such arrangement is allowed by the Township.

(4) Lot Coverage. The lot coverage of the underlying district may be increased by 15%, such as from 30% to 45%. The lot coverage may be regulated based upon an entire phase of development, as opposed to each individual lot.

(5) Building Separation Distances. Where dwellings will be developed as condominiums or where more than one dwelling is located on a lot, the applicant shall prove that the above dimensional requirements could be met as if each lot was fee simple, but the individual internal lot lines do not need to be created.

(6) Perimeter Buffer. A twenty-foot-wide minimum perimeter building setback shall apply along the perimeter property lines of the development tract, except the setback shall be 30 feet for a nonresidential building.

(7) Maximum Nonresidential Building Footprint.

(a) A single nonresidential building footprint shall not exceed 5,000 square feet in the V District.

(b) A single nonresidential building footprint shall not exceed 8,000 square feet in gross floor area on the ground floor in the RM District.

(c) A single nonresidential building footprint shall not exceed 25,000 square feet in gross floor area on the ground floor in the MU or COM Districts as of right. However, larger buildings may be permitted by special exception, and under the following conditions:

1) Building footprint in addition to 25,000 square feet, permitted subject to the receipt of one TDR per additional 4,000 square feet building footprint or fraction thereof.

2) Such buildings shall contain a second floor designed as residential or office space.

3) Such building is designed with liner shops along 30% of its ground level primary facade.

J. Density Bonuses and Incentives. The maximum density shall not exceed the minimum set forth in Subsection 71E above, unless the base density is increased in accordance with the following density bonus options:

(1) Transfer of Development Rights. The purchase of TDR is allowed in accordance with § 27-325.

(2) Green Building. The maximum density may be increased by two additional dwelling units per acre where it is shown to the satisfaction of the Zoning Hearing Board that the development will employ green building principles throughout the development. Green building principles shall be as defined by the U.S. Green Building Council (USGBC), the National Association of Home Builders (NAHB), or other recognized rating system upon approval from the Zoning Hearing Board.

(a) Plans shall be based on standards or criteria of the agreed-upon rating and certification system, such as LEED Silver under the LEED for Homes Rating System, LEED for Neighborhood Development, NAHB Model Green Home Building Guidelines criteria for a bronze rating, or other equivalent certification as approved by the Zoning Hearing Board.

(b) As part of the conditional use application, the applicant shall identify the criteria which the applicant shall follow within the development to attain the necessary certification.

(c) The applicant, the landowner, and the Township shall enter into an agreement, in recordable form, and which shall include:

1) Provisions that any future lot owner and/or contractor to construct the proposed dwelling or other improvements shall do so in a manner which meets or exceeds the specified rating.

2) The agreement shall require that the applicant and successor landowners indemnify and hold the Township harmless if the Township denies any application for a permit as a result of a failure to meet the rating which applicant stated construction would meet to obtain the density bonus.

3) Provisions which shall specifically waive any rights under the Uniform Construction Code [Chapter 5, Part 1] and other statutes or ordinances to compel issuance of permits where an application may meet general ordinance requirements but does not meet the USGBC or NAHB rating which the applicant pledged construction would meet to be entitled to a density bonus.

(d) The agreement shall provide that the Township does not represent or warrant that such construction will result in any level of energy savings or cost savings to the applicant or successor lot owners.

(e) The agreement shall provide for alternative requirements in the event that the applicant does not achieve the rating which the applicant stated construction would meet to obtain the density bonus.

(f) This agreement shall be in a form acceptable to the Township Solicitor.

(3) Regardless of the bonus categories set forth above, the absolute maximum density, inclusive of bonuses, shall be in accordance with Subsection 71E above.

K. TND Design Standards.

(1) As applicable, the application shall comply with Part 8 of this chapter and Chapter 22, Subdivision and Land Development.

(2) Street and Alley Network. The street network and any alleys shall be designed to be bicycle and pedestrian friendly, to discourage speeding, and to provide multiple connections between various blocks. Alleys are encouraged to relieve the frontage street from certain service functions, preserve the streetscape without curb cuts, and allow buildings to be placed forward on the lot to provide curb appeal.

(a) A grid system of streets and blocks is encouraged, provided it is adapted to fit topography and natural features.

(b) Cul-de-sac streets shall be prohibited.

(c) Existing streets shall be extended to serve new TND development or redevelopment, and to maintain and enhance connectivity, where feasible. TND street rights-of-way shall be extended to connect to adjoining tracts where future development or redevelopment is feasible.

(d) The streets within the TND are intended to be village-like, not like a highway and not like a conventional suburban road. The street widths, curb radii, center line horizontal alignment, and on-street parking conditions shall be in accordance with Part 3 of this chapter and Chapter 22, Subdivision and Land Development.

(e) Streets shall have minor deflections in their alignment to provide short, curving vistas where feasible and desirable.

(f) Curb bulb-outs shall be located at all street intersections, subject to the approval of PennDOT and the Township.

(3) The alleys and alley access shall comply with the provisions in Chapter 22, Subdivision and Land Development.

(4) Building Location. The streetscape character is formed by buildings located close to the sidewalk to promote a pedestrian-friendly frontage.

(a) A minimum of 60% of a principal building facade shall be located within the maximum building setback line. In order to provide variety and diversity in building location relative to the street, the remaining 40% of the building may have a recess or projection, or may have a larger offset for a landscaped courtyard, cafe, plaza, or park that is open to the street. However, the garage door shall not be located more than 15 feet closer to the street than front door.

(b) On a corner lot, the maximum building setback shall only apply along the street that the front door faces onto.

(c) Buildings shall anchor corners where streets intersect, unless a park, plaza or green open to the public is provided at the corner.

(d) Where the applicant proves to the satisfaction of the Zoning Hearing Board that a particular building requires a modification as part of the special exception process to not meet the maximum building setback, then a thirty-six-to-forty-two-inch-high wall, fence or hedge shall be placed within the maximum building setback area.

(5) Building Orientation and Primary Facades.

(a) Nonresidential and mixed-use buildings shall have their primary entrance oriented toward a public street, green, square or plaza.

(b) Primary facades shall have windows as well as architectural features such as awnings and variations in rooflines. Walls devoid of architectural detail or windows shall not face a public street.

(c) Primary facades shall incorporate porches or porticos in accordance with the following:

1) Front porches shall be provided for a minimum of 50% of the single-family detached and single-family semidetached dwellings. On a corner lot, a side porch may serve the same purpose.

2) Porches on residential buildings shall be a minimum of six feet deep and 10 feet wide and shall not be enclosed, but may have a roof.

3) Primary entrances to attached housing, nonresidential buildings, and mixed-use buildings shall have a portico or other entrance design consistent with the building style.

4) Principal entrances to all uses within a building shall be located along a primary facade.

(6) Parking, Off-Street. Off-street parking shall be in accordance with § 27-310 and the following:

(a) Off-street parking shall be located to the rear of buildings and accessed off of alleys to the maximum extent possible.

(b) Open-air off-street parking lots are prohibited at street corners, as buildings should anchor the corners.

(c) No parking shall be located between the building facade and the street right-of-way line, unless approved as part of a conditional use.

(d) Any existing open-air, surface parking lots shall be buffered to the maximum extent possible by buildings or low walls, opaque fencing, hedges or other landscaping, or a combination thereof, at a minimum height of three feet.

(e) Off-street parking may be housed in a parking structure or garage. Such structures or garage shall be designed to be architecturally integrated with the surrounding principal buildings. Parking structures shall not be taller than the surrounding principal buildings, and when located along an arterial street shall contain liner stores along the street level.

(7) Parking. On-street parking helps to insulate pedestrian traffic from vehicular traffic.

(a) Parking shall be accommodated on-street (parallel and angled) whenever possible.

(b) On-street parking shall be placed along curbs and streets to increase the availability of parking, whenever possible.

(c) On-street parking stalls shall be seven feet wide and 22 feet long, whenever such parking is parallel to the curb.

(d) Parking shall be prohibited on the cartway of an alley.

(e) On-street parking bays shall have bulb-outs in commercial areas.

(8) The application shall comply with the sidewalks, walkways, and crosswalks requirements in Chapter 22, Subdivision and Land Development.

L. Signs. See § 27-313.

M. Procedures for Approval of a TND.

(1) Applicants submitting TND proposals are strongly encouraged to submit a sketch plan prior to formal submission of the preliminary plan. As per § 707-A of the MPC,[7] such plans are informally reviewed as conceptual plans in order to provide an opportunity for the Township to make suggestions and recommendations on the overall design of the proposed TND.

[7] Editor's Note: See 53 P.S. § 10707-A.

(2) The applicant shall comply with the preliminary and final plan application requirements of Chapter 22, Subdivision and Land Development, including the traffic impact study requirements, and the Chapter 22 submission requirements for a TND.

(3) In order to promote flexibility of design of a traditional neighborhood development, modifications from specific design criteria contained in the Chapter 22, Subdivision and Land Development, may be needed. The Zoning Hearing Board shall have the authority to grant modifications of such subdivision requirements if, in the Zoning Hearing Board's discretion, it determines that such modifications will result in a better design of a TND, and will not adversely affect the health, safety, and welfare of the Township. The authorization of such modifications shall occur at a public meeting.

72. Transitional Housing.

A. Transitional housing shall not be permitted within a 1,000-foot-wide radius of another transitional housing facility, in order to avoid concentration of such facilities and to prevent negative impacts on residential areas.

B. Transitional housing shall not be permitted within 1,500 feet of a nursery school, elementary or secondary school, child day-care facilities, community center, public park, or library.

C. Transitional housing shall not exceed a maximum of five individuals. Support staff not residing at the facility shall be excluded from this maximum number.

D. Transitional housing shall only be permitted in single-family detached dwellings.

E. The dwelling used for a transitional housing facility shall have no external alterations except as may be necessary for reasons of safety, including fire escapes. Such access shall be located to the rear of the building where practical. The applicant shall submit plans indicating exterior changes. All changes shall be easily converted to a typical residential use if the transitional housing ceases operation.

F. Transitional housing shall be provided with around-the-clock live-in supervision to ensure clients receive proper, professional care.

G. Transitional housing must be sponsored and operated by a group, organization, or corporation licensed by either the county or state. Proof of licensing shall be submitted with applications for a transitional housing facility. Proof of compliance with all applicable county or state regulations shall be furnished to the Zoning Officer prior to the granting of a zoning permit.

H. Upon the closing of a transitional housing facility, the dwelling shall be brought back to its original status as a single-family dwelling.

73. Treatment Center, Criminal Halfway House, or Temporary or Emergency Shelter.

A. See separate provisions for a group home, which is a different use.

B. The applicant shall provide a written description of all conditions (such as alcohol addiction or criminal rehabilitation) that will cause persons to occupy the use during the life of the permit. Any future additions to this list shall require an additional conditional use approval.

C. For a treatment center or criminal halfway house, the applicant shall prove to the satisfaction of the Board of Supervisors that the use will involve adequate on-site supervision and security measures to protect public safety. If any applicable county, state, federal or professional association standards provide guidance on the type of supervision that is needed, the proposed supervision shall be compared to such standards.

D. The Board of Supervisors may place conditions upon the use to protect public safety, such as conditions on the types of residents and security measures.

E. The term "treatment center" also includes any use meeting the definition of "transitional housing" that includes more residents than are allowed in a group home.

74. Truck Terminal or Truck Stop.

A. Access shall be provided onto an arterial road without using a local residential street.

B. A traffic impact study meeting the requirements of the Chapter 22, Subdivision and Land Development, shall be conducted by a professional engineer and be submitted to the Township.

C. If the facility involves more than 10 loading docks for tractor-trailer trucks, then a parking area shall be provided for trucks that are awaiting permission to load or unload or for drivers serving the facility who need a mandatory rest period.

75. Two-Family Conversion.

A. A detached single-family dwelling that existed on the effective date of this chapter, and contained (at that time) at least 3,000 square feet of indoor habitable floor area, may be converted into two dwelling units as a permitted-by-right use, subject to the following:

(1) The applicant shall furnish evidence that an approved system of water supply and sewage disposal will be utilized.

(2) No extensions or modifications to the external appearance of the building (except fire escapes) which would alter its residential character shall be permitted.

(3) All floors above grade shall have direct means of escape to ground level.

(4) Four (total) off-street parking spaces shall be provided.

(5) Approval shall not be required under Chapter 22, Subdivision and Land Development, under the exclusions allowed in the definition of "land development."

76. Veterinary Office.

A. Any kennel or stable facilities shall meet the requirements for such uses in this § 27-402.

B. Facilities without kennels shall be set back a minimum of 25 feet from any side or rear lot lines.

C. Any outdoor runs or recreational areas shall be completely enclosed with a six-foot-high fence and be screened by plantings.

77. Warehousing, Distribution and Wholesale Trade Establishment.

A. The applicant shall provide a detailed description of the proposed use in each of the following topics:

(1) The nature of the on-site activities and operations, the types of materials stored, the frequency of distribution and restocking, the duration period of storage of materials, and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.

(2) The general scale of the operation, in terms of its market area, specific floor space requirements for each activity, the total number of employees on each shift, and an overall needed site size.

(3) Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinances, including but not limited to those listed in § 27-319 of this chapter.

(4) A traffic impact study meeting the requirements of Chapter 22, Subdivision and Land Development, shall be conducted by a professional engineer and be submitted to the Township.

(5) The applicant shall furnish expert evidence that any exterior amplified public address system and/or exterior lighting has been arranged and designed so as to prevent objectionable impact off the site.

(6) Any drilling, cutting, sawing, mixing, crushing or some other preparation of building materials, plus any testing or repair of motorized equipment, shall be conducted within a completely enclosed building.

B. If the facility involves more than 10 loading docks for tractor-trailer trucks, then a parking area or spaces shall be provided for trucks that are awaiting permission to load or unload or for drivers serving the facility who need a mandatory rest period.

C. The facility shall have its primary truck access onto an arterial or collector road, or onto a local street that was designed to carry truck traffic to an arterial or collector road.

78. Wholesale Produce Auction (which may include tobacco).

A. No part of the subject property shall be within 300 feet of any residentially zoned land.

B. All access drives onto the site shall be paved for a distance for at least 200 feet from the street right-of-way line. In addition, a fifty-foot-long gravel section of driveway shall be placed just beyond the preceding 200-foot paved section to help collect any mud that may have attached to a vehicle's wheels.

C. The owner and/or operator of the produce auction shall be responsible for removing any mud from public roads caused by persons traveling to and from the auction.

D. The application shall be required to provide sufficient off-street parking and loading so as not to require such parking or loading on or along any road, nor upon adjoining property. If, at any time after the opening of the facility, the Supervisors determine that parking, loading or traffic backups are occurring on adjoining roads, and such are directly related to the lack of on-site facilities on the subject property, the Supervisors can require the applicant to revise on-site parking aisles, driveways and/or loading spaces. In addition, the Supervisors may allow a portion of the required parking to be provided using a unimproved grassed overflow parking area for use during peak use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads.

E. The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, litter, dust and pollution.

F. The proposed use shall front along an arterial road.

G. Soil erosion, sedimentation and stormwater runoff shall be controlled in accordance with all applicable laws and regulations.

H. The applicant shall submit and continuously implement a working plan for the cleanup of litter and other debris.

79. Wind Turbines, Accessory. Accessory wind energy system are permitted in all districts subject to the following:

A. A wind energy system shall be considered accessory only if it supplies power primarily for on-site use, except that net metering shall be permitted per state law.

B. The owner of the accessory wind turbine shall provide written confirmation that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and that such connection meets applicable state and federal regulations. Off-grid systems shall be exempt from this requirement.

C. Wind turbines shall meet all required setbacks.

D. Wind energy generation shall be limited to one wind turbine per lot.

E. An accessory wind turbine shall have a maximum total height of the extended blade of 150 feet.

F. All moving parts of a wind turbine shall be a minimum of 10 feet above the ground.

G. All on-site utility and transmission lines shall be located underground.

H. Any accessory equipment building shall have a maximum area of 250 square feet and shall comply with the accessory building requirements of § 27-302.

I. Residential Setback. All portions of a wind turbine shall be set back a minimum of 200 feet from any adjoining residential dwelling, excluding such dwelling unit located on the same lot, measured from the extended tip of the blade or nearest point of the wind energy system to the dwelling unit.

J. Accessory wind turbines shall also meet the general requirements that apply to principal wind turbines, as provided below.

K. The maximum noise level from a wind turbine shall be 50 A-weighted decibels, as measured at the lot line of another residential lot.

80. Wind Turbines, as a Principal Use.

A. All principal wind energy systems shall meet the applicable setback regulations of the underlying zoning district.

B. The minimum height of the lowest position of the wind turbine shall be 30 feet.

C. Access to a wind turbine tower shall not be provided any lower than 15 feet above ground level. Turbines shall be equipped with an anticlimbing device or similar protective device to prevent unauthorized access. Access doors to the wind energy system and electrical equipment shall be locked to prevent unauthorized entry.

D. All associated mechanical equipment and accessory structures shall be enclosed by a fence, barrier or other appropriate means to prevent unauthorized persons or vehicles from entering that area of the property. Such fencing shall be a minimum of eight feet high and fully screened.

E. Clearly visible warning signs shall be placed around the perimeter of the property and at the facility entrance to inform individuals of the potential voltage hazards.

F. In order to determine that a proposed use or activity complies with the above standards, the Township may, at the expense of the applicant:

(1) Require the submission of impartial expert opinions or judgments from official agencies or private consultants.

(2) Require the submission of written assurances from the applicant.

(3) Require compliance with certain tests or provision of whatever safeguards may be considered necessary.

G. General Requirements for Accessory and Principal Wind Turbines.

(1) No wind turbine shall be placed in a required minimum front yard.

(2) Wind turbines shall be set back from all property lines a distance at least equal to the height of the turbine plus 25% of the height. However, if the total height of the extended blade exceeds 150 feet, then the turbine shall be set back from all property lines a distance equal to at least three times the height. The maximum total height of the extended blade from the ground level shall be 300 feet for a principal wind turbine.

(3) Noise emitted from the operation of a wind energy system shall not exceed 50 dB(A), nor 10 dB(A) louder than ambient sound levels. Noise shall be measured at the property line of any adjoining residentially zoned or occupied dwelling.

(4) Wind turbines shall not be illuminated except as required by law for air safety.

(5) There shall be no signs attached to the turbine, except those required for safety or identification of the manufacturer.

H. The design of wind energy systems shall use materials, colors, textures, screening and landscaping that will blend components of the system into the natural setting and existing environment.

I. The design of the wind energy system shall conform to applicable industry standards, such as, but not limited to: American National Standards Institute (ANSI), Underwriters' Laboratories (UL), American Society for Testing and Materials (ASTM), or other similar certifying organizations. The manufacturer's specifications shall be submitted as part of the application.

J. A site plan shall be prepared and certified by a registered professional engineer and submitted as part of the conditional use (principal use) or special exception (accessory use) application. In addition to the other requirements of this section, the site plan shall contain the following:

(1) Property boundaries and identification of neighboring property owners.

(2) The location of all man-made structures on the property, as well as all man-made structures within 100 feet of any proposed wind turbine.

(3) All wires and overhead structures, both natural and man-made.

(4) Soil types where any tower foundation will be constructed.

(5) Complete structural and engineering details, including narrative descriptions, demonstrating how the foundation, support and other parts of the wind energy system will be constructed, installed, and maintained.

(6) Information regarding the speed of operation and braking mechanism. No wind turbine shall be permitted that lacks an automatic braking, governing, or feathering system to prevent uncontrolled rotation, over-speeding, and/or excessive pressure on the turbine or any of its parts.

K. For principal wind turbines, the Township may require the submission of additional information during the conditional use hearing(s) to determine compliance with Township requirements.

L. Decommissioning of Wind Energy System. The applicant shall sign an agreement stating that when all reasonable uses of the panels are no longer necessary they will be promptly removed at the applicant's expense. The agreement shall be written in language acceptable to the Township Solicitor and shall, at the request of the Township, include a bond for estimated expenses of removal. Decommissioning shall include removal of all systems, equipment, buildings, cabling, electrical components, foundations and other associated facilities, and the restoration and revegetation of the area.

81. Winery.

A. The agritourism requirements shall apply if there are commercial activities on the property other than: growing of crops, processing of grapes or apples, tasting of beverages, bottling of wine or cider, storage of products, tours, or sales of wine and cider and customarily accessory items (such as cheese and gift baskets).

B. In order to be approved as a winery in an AP, CN or Residential District, the operation must include a minimum of three acres of grape plants or apple trees that are maintained for wine or cider production on the lot or an adjacent lot.

82. Short-Term Rental.

A. No more than one short-term rental unit may be located in a structure, and a short-term rental unit may not be located in a structure which contains a dwelling unit in addition to the short-term rental unit.

B. The applicant for a special exception shall demonstrate that the proposed short-term rental unit meets the Pennsylvania Uniform Construction Code. as adopted by the Township. The applicant shall submit a report by the Building Code Official demonstrating that the short-term rental unit meets the requirements of the Uniform Construction Code prior to the issuance of a zoning permit. The report relating to the Uniform Construction Code shall specifically address requirements to install sprinklers and accessibility requirements.

C. A short-term rental unit served by an on-lot sewage disposal system shall be subject to review and approval by the Penn Township Sewage Enforcement Officer. The applicant shall submit evidence at the hearing that the Sewage Enforcement Officer has been consulted and shall provide all comments of the Sewage Enforcement Officer.

D. The applicant for a special exception shall demonstrate that the short-term rental unit contains or meets the following:

(1) Smoke detector in each bedroom.

(2) Smoke detector outside each bedroom in the common hallway.

(3) Smoke detector on each floor, including attic and basement.

(4) GFI outlet required if outlet located within six feet of water source.

(5) Metal exhaust from dryer (if dryer provided).

(6) Carbon monoxide detector if fossil fuel appliances or furnace is installed.

(7) Carbon monoxide detector if garage is attached to unit.

(8) Fire extinguisher in kitchen mounted in conspicuous location with a current charging tag.

(9) Indoor and outdoor stairs in good condition with handrails.

(10) All outlets and switches shall be properly covered.

(11) Fully functional bathing and toilet facilities.

(12) Fully functional kitchen.

(13) A placard shall be erected showing the floor plan to the front door exit. The placard shall be posted on the interior side of the front exit door or in an alternate location approved by the Zoning Officer.

E. The applicant shall prepare and present to the Zoning Hearing Board a notice which shall be prominently and continuously posted at the short-term rental unit which shall contain all of the following information:

(1) The name of the local contact person or owner of the short-term rental unit and a telephone number at which that party may be reached on a 24-hour basis.

(2) The 911 address of the property.

(3) The maximum number of occupants permitted to stay in the short-term rental unit.

(4) The maximum number of all vehicles allowed to be parked on the property and the requirement that parking is not permitted in any public road right-of-way.

(5) Notification that trash and refuse shall not be left or stored on the exterior of the property except in secure, water-tight metal or plastic cans or similar containers designed for such storage with a limit of three secured containers.

(6) Notification that parties or other gatherings of persons who are not occupants of the short-term rental unit are not permitted.

(7) Notification that an occupant may be cited and fined for creating a disturbance or for violating other provisions of applicable Township Ordinances.

(8) Any additional requirements or limitations which the operator of the short-term rental will impose on occupants.

F. The applicant shall designate a local contact person who shall have access and authority to assume management of the short-term rental unit and take remedial measures. An owner who resides within the Township or within 30 miles of the short-term rental unit may designate himself/herself as the local contact person. If the special exception is approved, the local contact person shall respond to the Township or to a police officer within one hour after being notified by such official of the existence of a violation of this chapter or any disturbance requiring immediate remedy or abatement. If the local contact person is not the owner, the local contact person shall immediately advise the owner of any notification of a violation. There shall be a local contact person at all times the short-term rental unit is operated. The owner may change the local contact person only after written notice to the Zoning Officer, and any new local contact person shall meet all requirements of this subsection.

G. If the special exception is granted, the applicant shall provide the Zoning Officer with confirmation that the applicant has taken all action required to register with the Lancaster County Treasurer to enable the applicant to pay the hotel and/or room taxes imposed by Lancaster County. The Zoning Officer shall not issue a certificate of occupancy for the short-term rental unit until the applicant presents such confirmation of registration.

H. The maximum occupancy of the short-term rental unit shall be based on the number of bedrooms. A short-term rental unit may have no more than six bedrooms. Each bedroom shall be occupied by no more than two persons, excluding children under the age of five. The applicant shall provide the Zoning Hearing Board with a plan of the structure proposed to contain the short-term rental unit identifying the rooms on each floor of the structure to enable the Zoning Hearing Board to determine the number of bedrooms and the maximum occupancy of the short-term rental unit.

I. A short-term rental unit may be rented only to a person 21 years of age or older.

J. The owner shall use his/her best efforts to assure that the occupants of the short-term rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of Township Ordinances or any state law pertaining to noise or disorderly conduct by notifying the occupants of the rules regarding short-term rental units and responding when notified that occupants are violating laws regarding their occupancy.

K. The owner shall, upon notification that occupants of the short-term rental unit have created unreasonable noise or disturbances, engaged in disorderly conduct or violated provisions of Township Ordinances or state law pertaining to noise, or disorderly conduct, promptly use his/her best effort to prevent a recurrence of such conduct by those occupants or guests. The owner or, if a local contact person has been named, the local contact person shall personally go to the short-term rental within one hour of notification from the Police Department that a disturbance has occurred to address the disturbance and prevent a recurrence.

L. The owner of the short-term rental unit shall submit an application each year for a permit to authorize continued operation of the short-term rental unit, accompanied by any fee which the Board of Supervisors may establish by resolution. The application shall require that the owner provide sufficient information for the Zoning Officer to confirm the name and contact information for the local contact person, confirm that the short-term rental unit meets all requirements of this § 27-402(82), and confirm that the short-term rental unit meets all other applicable Township Ordinances. The Zoning Officer may inspect the short-term rental unit to confirm compliance with this § 27-402(82) and other applicable Township Ordinances. If the Zoning Officer confirms that the short-term rental unit meets such requirements, the Zoning Officer may issue a permit to authorize continued operation of the short-term rental unit for a one-year period. Operation of a short-term rental without the required annual permit is a violation of this chapter.

§ 27-403 Lawful Uses That Are Not Addressed.

[Ord. No. 2022-01, 1/10/2022]

1. If a principal use is neither permitted nor specifically prohibited in any zoning district under this chapter and an application is made by a landowner to the Zoning Officer for such use, the Zoning Officer shall refer the application to the Zoning Hearing Board to hear and decide such request as a special exception. The Zoning Hearing Board shall permit the principal use or deny the principal use in accordance with the standards for the consideration of special exceptions contained herein.

A. The duty to present evidence and the burden of proof shall be on the applicant to demonstrate that the proposed principal use meets all of the following requirements. The principal use may be approved only if:

(1) The principal use is of the same general character of the enumerated permitted principal uses in the zoning district in which the lot is located.

(2) The principal use is in accordance with the intended purpose of the district.

(3) The principal use is compatible with the permitted principal uses in the district.

(4) The principal use will not produce impacts in terms of traffic, noise, odors, hours of operation or similar matters beyond those uses permitted as of right in the zone.

(5) The principal use shall comply with all performance standards applicable to the zone and the category of such permitted uses.

(6) The principal use is not allowed in any zoning district.

2. It is the intent of this section to serve as a savings clause and not to allow combinations of uses which are separately allowed by this chapter or are allowed in a different business model by this chapter. It is not the intent of this section to allow the addition of proposed uses as accessory uses where such proposed uses are authorized as principal uses by this chapter or authorized in other zoning districts by this chapter.