For the purposes of this chapter, the following regulations shall apply to all districts.
A. 
Reduction of lot area. No lot shall be so reduced that the area of the lot or the dimensions of the required open spaces shall be less than herein specified.
B. 
Obstructions to vision. On any lot, no wall, fence, structure, or other obstruction shall be erected, altered, or maintained, or placed, and no hedge, tree, shrub or other growth shall be planted or maintained within a clear sight triangle at an intersection measured 12 feet along each intersecting road or drive from the origin of the angle of the intersecting roads or drives. Such measurement shall be along the right-of-way of the intersecting roads.
C. 
Stripping of topsoil, excavation of clay, sand, gravel, or rock; such activities shall be permitted only under the following conditions:
(1) 
As part of the construction or alteration of a building or the grading incidental to such building.
(2) 
In connection with normal lawn preparation and maintenance.
(3) 
In connection with the construction or alteration of a street.
(4) 
In farming operations in those zoning districts where such use is permitted, provided sound soil conservation practices are observed.
D. 
Projections into required yards. A projection from a building, utilizing such building for support but not being enclosed or part of the living area of such structure may extend into any required yard not more than five feet, provided that no projection shall extend closer than five feet to any lot line.
E. 
Area and bulk exceptions.
(1) 
Building height limitations of this chapter shall not apply to spires, agricultural buildings, belfries, cupolas, domes, monuments, towers, poles, chimneys or antennas, provided that the height of an antenna above ground level shall not exceed the shortest distance from its base to any lot line.
(2) 
Lot coverage limitations of this chapter shall not apply to structures used for the storage of animals, silos, open porches, patios, or swimming pool, which are not located within the interior of any building.
F. 
Essential services structures. The location of any structure, building or other installation for the purpose of servicing any public utility or municipal function except common or contract carriers may be located within any zoning district subject to the following regulations:
(1) 
The public utility or municipality shall file a plan indicating the location of all existing and proposed structures, buildings, or other installations within the municipality.
(2) 
Any building, structure, or other installations shall be subject to the following design standards (§ 490-8.03) of this chapter.
(a) 
Section 490-8.03A, Screening.
(b) 
Section 490-8.03B, Storage.
(c) 
Section 490-8.03C, Landscaping.
(d) 
Section 490-8.03F, Lighting.
G. 
Garage and yard sales. Garage and yard sales shall not be conducted at any residence for more than seven consecutive days or on more than three separate occasions in any one calendar year.
H. 
Dwelling units.
(1) 
Every principal building hereafter constructed shall be located on a lot as defined.
(2) 
There shall not be more than one principal residential building and its accessory structures on one lot, except in the case of apartment or townhouse developments or mobile home parks.
A. 
Continuation. Any lawful building or other structure, or any lawful use of building or other structure or land, legally existing on the effective date of this chapter or amendment hereto which does not conform with the provisions of this chapter shall be considered a lawful nonconforming building, structure or use, and may continued, except as otherwise herein provided.
B. 
Extension and additional buildings. Any lawful nonconforming use of a portion of a building may be extended throughout the building. Any lawful nonconforming building or any building of which a lawful nonconforming use is made may be extended upon the lot occupied by such building and held in a single and separate ownership on the effective date of this chapter when permitted as a special exception by the Zoning Hearing Board subject to the provisions of Article X of this chapter. The area of such building or buildings shall not be increased by more than 50% of the area of such building or buildings existing on the date it first became a nonconforming building or a building of which lawful nonconforming use is made. Any structural alterations, extension or addition to existing buildings shall conform with all area, height, width, yard, and coverage requirements for the district in which it is located.
C. 
Change. Any lawful nonconforming use of a building or land may be changed to another nonconforming use of substantially the same character, and for such purpose, a building may be extended on the same lot in accordance with § 490-8.02B. Whenever the nonconforming use of a building or land has been changed to a conforming use, such conforming use shall not thereafter be changed to a nonconforming use.
D. 
Use of land. Any lawful nonconforming use of land exclusive of buildings and the use contained therein may be extended upon the lot upon which it exists at the time of the effective date of this chapter, but such extension shall conform to area and bulk regulations and to the design standards of this chapter. The extension of a nonconforming use on a lot shall be limited to the lot which was in existence on the effective date of this chapter.
E. 
Restoration and reconstruction. Any lawful, nonconforming building or other structure which has been involuntarily damaged or destroyed by fire, explosion, windstorm, or other similar act or cause, or any lawful, nonconforming building or other structure voluntarily demolished may be restored or, after demolition, be reconstructed in the same location, provided that:
[Amended 6-7-2010 by Ord. No. 60-6-2010]
(1) 
The reconstructed building or structure shall not exceed the height, area, or volume of the damaged, destroyed or demolished building or structure;
(2) 
Reconstruction shall begin within one year from the date of damage, destruction or demolition and shall be carried on without interruption;
(3) 
Before the demolition of a lawful, nonconforming building or other structure, the Zoning Officer must measure the square footage of the nonconforming building or structure, establish the setbacks from all property lines, and prepare a sketch showing the footprint of the building or other structure on the building lot. That sketch shall be attached to the required demolition permit and to the subsequent, required zoning and/or building permit; and
(4) 
Whenever possible, the reconstructed building or other structure shall conform to all area, height, width, yard and coverage requirements for the zoning district in which it is located.
F. 
Discontinuance. If a nonconforming use of land or of a building ceases or is discontinued for a continuous period of one year, or more, subsequent use of such building or land shall be in conformity with the provisions of this chapter, unless the Zoning Hearing Board shall authorize as a special exception the resumption of the discontinued use.
G. 
Lots nonconforming as to area and width regulations, and lots of unusual dimensions.
(1) 
A building may be erected or altered on any lot held at the effective date of this chapter in single and separate ownership which is not of the required minimum area or width, or is of such unusual dimensions that the owner would have difficulty in providing the required open spaces for the district in which such lot is situated, provided a special exception is authorized by the Zoning Hearing Board, subject to the provisions of Article X, and provided further that the applicant does not own or control other adjoining property sufficient to enable him to comply with the provisions of this chapter, as amended. In considering a special exception to permit erection or alteration of a building on a lot nonconforming as to area and width regulations, the Zoning Hearing Board shall impose the following requirements:
(a) 
That the use of the lot be required to conform to the permitted uses in the district in which such lot lies.
(b) 
That the building height be restricted to that specified for other buildings within the district in which the lot lies.
(c) 
That the design standards imposed for uses within the district in which the lot lies be applied to the use of the lot.
(d) 
That adequate on- or off-site sewage disposal and water supply facilities are available for the use intended.
(e) 
Impose such conditions as are necessary to assure that the general purpose and intent of this chapter are complied with.
(2) 
In any district in which single-family dwellings are permitted, notwithstanding the area limitation imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record in existence at the effective date of adoption or amendment of this chapter, without Zoning Hearing Board action, provided that such lot must be in single and separate ownership and that adequate on-or off-site sewage disposal and water supply facilities are available for the use intended.
H. 
Nonconforming signs.
(1) 
Any sign, signboard, billboard, or advertising device legally existing at the time of the passage of this chapter that does not conform with the regulations of this chapter shall be considered a nonconforming sign and may be used in its existing location, provided it is maintained in good condition and repair at all times.
(2) 
Nonconforming signs once removed may be replaced only with conforming signs; however, legal nonconforming signs may be repainted or, after issue of a permit, repaired or modernized, provided that such repaired or modernized sign does not exceed the dimensions of the existing sign.
I. 
Registration. In order to facilitate the administration of this chapter, the Zoning Officer shall maintain an accurate listing of those nonconforming uses which are not permitted as a use by right in the district in which they are located and for which no special exception or variance has been granted. Such listing shall be a matter of public record and shall constitute notice to any transferee acquiring any right to use or own such property.
A. 
Screening. A completely planted visual barrier or landscape screen shall be provided between any district and contiguous properties in a residentially zoned district.
B. 
Storage. Outdoor storage areas may be operated in areas where permitted, provided that such operation shall be in accordance with the following provisions to protect the public health, safety, comfort, convenience, and general welfare, especially with regard to abutting properties and occupants thereof:
(1) 
No highly inflammable or explosive liquids, solids, or gases shall be stored in bulk above ground except for agricultural purposes. Tanks or drums of fuel less than 1,000 gallons total directly connected with heating devices or appliances located on the same premises and used exclusively for providing fuel for such heating devices and appliances on the premises are excluded from this provision.
(2) 
All outdoor storage facilities shall be enclosed by a fence or wall adequate to ensure the safety of such facilities thereof from adjacent property or from the public right-of-way. Such walls and fences shall be not less than 20 feet from all property lines which abut a residential district, but in any other case shall not be less than three feet from any property line and shall not be less than 25 feet from any street.
(3) 
No materials or wastes shall be deposited on any premises in such form or manner that they may be moved from such premises by natural causes or forces.
(4) 
All materials or waste which may cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only in closed containers.
(5) 
No radioactive substances of any kind shall be stored in the Township.
C. 
Landscaping.
(1) 
Any part or portion of a site which is not used for building, other structures, loading, or parking spaces and aisles, sidewalks and designated storage areas shall be planted with an all-season ground cover.
(2) 
No less than 5% of a parking area must be landscaped and continually maintained. Planting along the perimeter of a parking area, whether for required screening or general beautification, will not be considered as part of the 5% parking area landscaping. In complying with the 5% landscaping requirements, the planting beds must be distributed throughout the parking areas.
D. 
Access and traffic control. All accessways to any street or highway shall be located at least 200 feet from the intersection of any street lines and shall be designed in a manner conducive to safe ingress and egress. Where possible, exits shall be located on minor rather than major streets or highways. The developer shall be responsible for the construction of any necessary traffic control devices or additional acceleration lanes required by the Pennsylvania Department of Transportation in the case of egress to major thoroughfares.
E. 
Interior circulation.
(1) 
Interior drives shall be designed so as to prevent blockage of vehicles entering or leaving the site.
(2) 
Areas provided for loading and unloading of delivery trucks and other vehicles, and for the servicing of shops by refuse collections, fuel and other service vehicles shall be adequate in size, and shall be so arranged that they may be used without blockage, or interference with the use of accessways or automobile parking facilities.
F. 
Lighting. The parking, loading and ingress and egress areas of any commercial or industrial use shall be provided with a minimum of 0.75 footcandles at any point. All lighting shall be completely shielded from traffic on any public right-of-way and from any residential district.
G. 
Shopping cart storage. Any establishment which furnishes carts or mobile baskets as an adjunct to shopping shall provide definite areas within the required parking space areas for storage of said carts. Each designated storage shall be clearly marked for storage of shopping carts. Such signs indicating storage shall not be considered as regulated by the sign controls, § 490-8.11.
A. 
Standards.
(1) 
Off-street loading and unloading space, or spaces, with proper and safe access from the street shall be provided on each lot, either within a structure or in the open, to serve the uses within the property adequately.
(2) 
Loading and unloading spaces shall be at least 12 feet wide, 45 feet long, and shall have at least a fourteen-foot vertical clearance.
(3) 
Loading and unloading spaces shall have all-weather dustless surfaces to provide safe and convenient access during all seasons.
(4) 
Loading facilities shall not be constructed between the building setback line and a street line.
(5) 
Required off-street parking space shall not be used for loading and unloading purposes except during hours when business operations are suspended.
(6) 
See § 490-8.05B(4) for heavy truck regulations.
A. 
Standards.
(1) 
Off-street parking space, or spaces, with proper and safe access from the street shall be provided on each lot, either within a structure or in the open, to serve the uses within the district adequately.
(2) 
Parking space for one vehicle shall be equal to at least 350 square feet for purposes of computing car spaces, including stalls and driveways, and shall have a stall of at least 10 feet by 20 feet in size. Parking spaces shall have an approved all-weather dustless surface, and shall have a safe and convenient access in all seasons.
(3) 
Parking lots shall be graded to a minimum slope of 1 1/2% to provide for drainage. Adequately sized inlets and storm sewers shall be provided to discharge stormwater in accordance with a plan to be approved by the Township.
(4) 
Parking lots for over 20 vehicles shall be so divided by permanent raised curbing that access lanes and parking bays are clearly defined and that moving traffic will be confined to designated access lanes.
B. 
Commercial and industrial requirements.
(1) 
One such off-street parking space shall be required per employee in all commercial and industrial districts. In computing the number of employees, the greatest number of employees working any shift shall be counted. Additional spaces shall be required as specified by the appropriate formula. In applying such, the following definitions shall be utilized:
(a) 
Employees serving the public. Those employees who, as part of their employment, are expected to meet the public in the ultimate transaction of business.
(b) 
Sales area. Space on the first floor on which goods are displayed and/or business transacted and such space or other floors on which one or more sales persons are regularly stationed.
(2) 
Off-street parking shall be required for any new construction or change of use in commercial and industrial zoning districts imposing these regulations.
(3) 
All commercial spaces shall be provided within 600 feet of the front access of the establishment along a route customarily used by pedestrian traffic. The number of required spaces in addition to those required for employees shall be determined by the application of the following formula to the contemplated use. In areas where several uses share parking spaces, the aggregate of all available spaces shall be compared to the sum required to serve all uses to determine whether there are sufficient spaces to permit the use.
Use
At least One Additional Parking Space for Each
Industry
1 employee serving the public
Eating and drinking places
2 seats
Driving range
1 tee
Golf course
1/4 tee
Personal service establishment
1 employee serving the public
Theater and churches
3 seats
Bowling alley
1/5 alley
Motel
1 guest room
Hospitals, nursing homes
750 square feet of floor area
Wholesale sales or storage
1,000 square feet of floor area
Gasoline service station
1/4 pump
Laundromat
1 machine
Elementary school
20 seats
All other schools
10 seats
Food stores and pharmacies
300 square feet of sales area
Department and variety
300 square feet of sales area
Gift, apparel, hardware and other housewares
300 square feet of sales area
Offices, clinics, financial institutions
1 employee serving the public
All others with a lot coverage in excess of 10%
500 square feet of floor area
All other retail uses
300 square feet of sales area
(4) 
Commercial spaces in the Commercial Industrial District that are to be used for heavy truck (in excess of 40,000 pounds) parking shall use the following pavement design standard or an equivalent approved by the Township Engineer.
(a) 
ID-2 wearing course: three inches.
(b) 
CABC base course: 10 inches.
(c) 
Subbase: nine inches.
C. 
Residential requirements.
(1) 
Dwelling units in residential districts. Two off-street parking spaces per unit.
(2) 
Dwelling units in nonresidential district. One off-street parking space per unit.
A. 
Unattached accessory structure. No accessory structure or building, except portable produce stands, shall be located within the required front yard area. No accessory structure or building shall be located in any side yard area nearer to the side lot line than 10 feet, or nearer to another principal or accessory structure or building than 10 feet. No unattached accessory structure or building when located within the rear yard area shall be closer than five feet to any side or rear property line.
B. 
Attached accessory structures. An accessory structure or building attached to a principal building shall be considered to be a part of the principal building.
The display and sale of farm products in produce stands shall be permitted, provided that:
A. 
At least 50% of such products shall have been produce on the property on which they are offered for sale.
B. 
Parking space for at least three cars shall be provided behind the highway right-of-way line. A driveway must be provided for the entrance and exit to the off-street parking area, including turnaround space.
C. 
Sale of farm products shall be conducted from a portable stand, dismounted at the end of the growing season, or from a permanent building located to meet the setback requirements for the district in which it is located.
A. 
Uses permitted.
(1) 
The types of recreational uses permitted in recreational development areas are:
(a) 
Boating and fishing.
(b) 
Golf course.
(c) 
Hiking and horseback riding.
(d) 
Parks and arboretums.
(e) 
Play fields.
(f) 
Playgrounds.
(g) 
Picnic areas.
(h) 
Skating rinks.
(i) 
Swimming pools.
(j) 
Tennis courts.
(k) 
Woodlands.
(l) 
Lakes.
(2) 
The following uses in addition to those permitted in residential districts shall be permitted in recreational development areas, but only sufficient to service the employees, members, or users of the facilities and their guests:
(a) 
Restaurants and clubhouses.
(b) 
Residence facilities.
(c) 
Lockers.
(d) 
Retail sale of playing equipment.
(e) 
Signs, subject to further regulation in § 490-8.11 of this chapter.
B. 
Design standards.
(1) 
Any building shall be set back a minimum of 100 feet from any property line.
(2) 
No recreational development shall be permitted on any lot less than three acres.
(3) 
The following design standards set forth in § 490-8.03 of this chapter shall be applicable:
(a) 
Storage, as provided by § 490-8.03B.
(b) 
Landscaping, as provided by § 490-8.03C.
(c) 
Access and traffic controls, as provided by § 490-8.03D.
(d) 
Interior circulation, as provide by § 490-8.03E.
(e) 
Off-street parking, as provided by § 490-8.05.
(4) 
Illuminated signs and other lights shall be directed away or shielded from adjoining residential properties in such a way as not to disturb the occupants thereof.
(5) 
No public address system is permitted except where such system will not be audible at any property line.
Home occupations may be permitted as accessory uses in all zoning districts, except the Commercial-Industrial Districts, unless such activities are prohibited by special deed restrictions. All such activities shall comply with the following requirements.
A. 
All home occupations shall be clearly secondary to the use of the premises as a residence.
B. 
The area devoted to the permitted occupation shall be located within the resident's dwelling or a single building accessory thereto (including a garage, farm building, barn, shed, etc.). In the Residential and Village Residential Districts, no more than a total of 25% of the gross floor area of the dwelling, up to a maximum of 400 square feet, may be devoted to a home occupation. In the Agricultural and Conservation Districts, home occupations may occupy up to 35% of the gross floor area of the dwelling, up to a maximum of 600 square feet, and in the Neighborhood Commercial District, as much as 45% of the gross floor area of the dwelling, up to a maximum of 800 square feet, may be occupied by a home occupation.
C. 
The home occupation must be owned and operated by the resident of the dwelling in which the activity is located. All applications for occupations to be operated by someone other than the owner of the structure shall include written consent of the landowner. There shall be no more than two nonresident employees engaged in the home occupation.
D. 
The home occupation shall create no adverse impact on existing traffic or circulation patterns in the neighborhood.
E. 
No offensive or objectionable noise (including public address systems), vibration, smoke, dust, odor, heat or glare shall be produced or detected at or beyond the property line of the lot containing the home occupation.
F. 
There shall be no exterior display or sign, except as may be permitted in § 490-8.11 of this chapter, and no outdoor storage of materials on the premises associated with the occupation.
G. 
The majority of all goods or products sold on the premises must be produced on the premises, or must be related to a service offered on the site.
H. 
A minimum of three additional off-street parking spaces shall be provided for all home occupations.
I. 
Permitted home occupations may include, but shall not be limited to, the following low-intensity, service-oriented activities:
(1) 
Professional offices for physicians, dentists, architects, engineers, real estate or insurance agents, lawyers, and accountants;
(2) 
Home offices for seamstresses, fine artists, tutors, and musicians giving lessons;
(3) 
Barbershops and beauty shops;
(4) 
Family day care homes;
(5) 
Custom baking and catering operations;
(6) 
House cleaning services; and
(7) 
Nonautomotive electronic equipment repair facilities.
J. 
Requests for other home occupations not specified above may be submitted to the Zoning Hearing Board for consideration. Upon finding of the Board that such use complies with the criteria of this section, other applicable codes and ordinances in effect in the Township, and that the proposed use would not be detrimental to the health, safety and welfare of the residents of the neighborhood where it is to be located, such use may be approved.
K. 
Zoning permits shall be required for all proposed home occupations. At the time of initial application, the Zoning Officer shall review the specifics of the proposed home occupation to determine its compliance with the requirements of this chapter, or shall rely on direction from the Township Zoning Hearing Board as outlined in Subsection J above. All such permits shall remain valid for two years from the date of their issuance after which they must be renewed by written request to the Zoning Officer. The Zoning Officer retains the right to inspect the site of the home occupation to determine its continued compliance with the terms of this chapter and any conditions of its original approval.
The identified floodplain area shall be any area of Porter Township, subject to the 100-year flood, which is identified as Zone A (Area of Special Flood Hazard) on the Flood Hazard Boundary Map (FHBM) dated July 15, 1988 (or the most recent revision thereof as issued by the Federal Emergency Management Agency (FEMA), or on the most recent Flood Insurance Rate Map (FIRM) issued by FEMA, if such a map has been prepared for the Township.)
A. 
Determination of the 100-year flood elevation.
(1) 
For the purposes of this chapter, the 100-year flood elevation shall be used as the basis for regulation. When available, information from other federal, state, and other acceptable sources shall be used to determine the 100-year elevation, as well as a floodway area, if possible. When no other information is available, the 100-year elevation shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question.
(2) 
In lieu of the above, the municipality may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted to sufficient detail to allow a thorough technical review by the municipality.
B. 
Changes in identification of area. The identified floodplain area may be revised or modified by the Township where studies or information provided by the qualified agency or person documents the need for such revision. However, prior to any such change, approval must be obtained from the Federal Insurance Administration (FIA).[1]
[1]
Editor's Note: See now the Federal Insurance and Mitigation Administration.
C. 
Boundary disputes. Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Township and any party aggrieved by this decision may appeal to the Township Supervisors. The burden of proof shall be on the appellant.
D. 
General technical requirements.
(1) 
In the identified floodplain area, the development and/or use of any land shall be permitted, provided that the development and/or use complied with the restrictions and requirements of this chapter and all other applicable codes and ordinances in force in the municipality.
(2) 
Within any floodway area, no new construction or development shall be permitted that would cause any increase in the 100-year flood elevation.
(3) 
Within any identified floodplain area, no new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse.
(4) 
Within any identified floodplain area, the elevation of the lowest floor (including basement) of any new or substantially improved residential structure shall be 1 1/2 feet or more above the 100-year flood elevation.
(5) 
Any nonresidential structure, or part thereof, having a lowest floor (including basement) which is not elevated to at least 1 1/2 feet above the 100-year flood elevation shall be floodproofed in a completely or essentially dry manner in accordance with the W1 or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations" published by the U.S. Army Corps of Engineers (June 1972), or with some other equivalent standard. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above-referenced standards.
(6) 
Enclosed areas below the lowest floor (including basement) are prohibited.
E. 
Design and construction standards. The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:
(1) 
Fill. If fill is used, it shall:
(a) 
Extend laterally at least 15 feet beyond the building line from all points;
(b) 
Consist of soil or small rock materials only; sanitary landfills shall not be permitted;
(c) 
Be compacted to provide the necessary permeability and resistance to erosion, scoring, or settling;
(d) 
Be no steeper than one vertical foot to two horizontal feet, unless substantiated data justifying steeper slopes are submitted to and approved by the Zoning Officer; and
(e) 
Be used to the extent to which it does not adversely affect adjacent properties.
(2) 
Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall ensure proper drainage along streets and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
(3) 
Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
(4) 
Storage. All materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal, or plant life, and not listed in § 490-8.10F, Development which may endanger human life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
(5) 
Placement of buildings and structures. All buildings and structures shall be designed, located, and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of floodwater.
(6) 
Anchoring.
(a) 
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
(b) 
All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.
(7) 
Floors, walls and ceilings.
(a) 
Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain without causing structural damage to the building.
(b) 
Plywood used at or below the regulatory flood elevation shall be of a "marine" or "water-resistant" variety.
(c) 
Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are water resistant and will withstand inundation.
(d) 
Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant materials.
(8) 
Paints and adhesives.
(a) 
Paints or other finishes used at or below the regulatory flood elevation shall be of "marine" or water-resistant quality.
(b) 
Adhesives used at or below the regulatory flood elevation shall be of "marine" or water-resistant variety.
(c) 
All wooden components (doors, trim, cabinets, etc.) shall be finished with a "marine" or water-resistant paint of other finishing materials.
(9) 
Electrical components.
(a) 
Electrical distribution panels shall be at least three feet above the 100-year flood elevation.
(b) 
Separate electrical circuits shall serve lower levels and shall be dropped from above.
(10) 
Plumbing.
(a) 
Water heaters, furnaces, and other mechanical equipment or apparatus shall not be located below the regulatory flood elevation.
(b) 
No part of any new on-site sewage disposal system shall be located within any identified floodplain area.
(c) 
Water supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters.
(d) 
All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwater. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
F. 
Development which may endanger human life.
(1) 
In accordance with the Pennsylvania Flood Plain Management Act,[2] and the regulations adopted by the Department of Community Affairs as required by the Act, any new or substantially improved structure which will be used for the production or storage or any of the following materials or substances or which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume or any amount of radioactive substances) of any of the following materials or substances on the premises shall be subject to the provisions of this section, in addition to all other applicable provisions:
(a) 
Acetone.
(b) 
Ammonia.
(c) 
Benzene.
(d) 
Calcium carbide.
(e) 
Carbon disulfide.
(f) 
Celluloid.
(g) 
Chlorine.
(h) 
Hydrochloric acid.
(i) 
Hydrocyanic acid.
(j) 
Magnesium.
(k) 
Nitric acid and oxides of nitrogen.
(l) 
Petroleum products (gasoline, fuel, oil, etc.).
(m) 
Phosphorus.
(n) 
Potassium.
(o) 
Sodium.
(p) 
Sulfur and sulfur products.
(q) 
Pesticides (including insecticides, fungicides, and rodenticides).
(r) 
Radioactive substances, insofar as such substances are not otherwise regulated.
[2]
Editor's Note: See 32 P.S. § 680.1 et seq.
(2) 
Where permitted within any identified floodplain area, any new or substantially improved structure of the kind described in § 490-8.10D(5), above, shall be elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above the 100-year flood, and designed to prevent pollution from the structure or activity during the course of a 100-year flood. Any such structure, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication "Flood-Proofing Regulations" (U.S. Army Corps of Engineers, June 1972) or with some other equivalent watertight standards.
G. 
Existing structures.
(1) 
Existing structures and/or uses located in the Floodplain Overlay District shall not be expanded or enlarged unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying stream improvements.
(2) 
Any modification, alteration, repair, construction, or improvement of any kind to a structure and/or use located in the Floodplain Overlay District to an extent or amount of less than 50% of its market value shall be elevated and/or floodproofed to the greatest extent possible.
(3) 
Any modification, alteration, repair, construction, or improvement of any kind to a structure and/or use, regardless of location, to an extent or amount of 50% or more of its market value shall be undertaken only in full compliance with the provisions of this chapter and any other applicable ordinance.
H. 
Warning and disclaimer of liability.
(1) 
The degree of flood protection sought by the provision of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside the identified floodplain districts, or that land uses permitted within such districts, will be free from flooding or flood damages.
(2) 
This chapter shall not create liability on the part of Porter Township or any officer or employee thereof for any flood damages that result form reliance on this chapter or any administrative decision lawfully made thereunder.
Any sign erected or maintained after the effective date of this chapter shall conform to the following regulations.
A. 
General. The following regulations shall be observed in all districts:
(1) 
No sign shall be erected within the lines of a street right-of-way, except traffic signs and similar regulatory notices of a duly constituted governmental body.
(2) 
No moving or flashing signs which may have the effect of distracting motorists on adjacent highways shall be permitted.
(3) 
No sign which emits smoke, visible vapors of particles, sound or odor shall be permitted.
(4) 
No artificial light or reflecting device shall be used as a part of a sign where such light or device interferes with, competes for attention with, or may be mistaken for a traffic signal.
(5) 
Floodlighting shall be arranged so that the source of light is not visible from any point off the lot and that only the sign is directly illuminated thereby.
(6) 
No sign shall be erected containing information on it which states or implies that a property may be used for any purpose not permitted under the provisions of this chapter in the zoning district in which the property to which the sign related is located.
(7) 
Every sign permitted shall be constructed of durable material and kept in good condition and repair. Any sign which is allowed to become dilapidated shall be removed by the Township at the expense of the owner or lessee of the property on which it is located.
(8) 
All distances provided for in this section shall be measured along straight lines between signs and from the near edge to near edge of sign or sign structure. This subsection shall apply in all cases, including locating new signs, in relationship to currently existing nonconforming signs.
(9) 
A permit shall be obtained before erecting any sign under these regulations except as set forth in Subsection B hereof.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(10) 
No sign, other than official street signs, shall be erected or maintained nearer to a street line than a distance equaling the height of the sign, unless attached to the building.
B. 
Exempt signs. No permit shall be required before erecting any of the following signs. These signs, however, shall conform to all other regulations set forth § 490-8.11A.
(1) 
Directional, information or public service signs, such as those advertising availability of restrooms, telephones or similar public conveniences, may be erected or maintained. Directional and information signs provided for the guidance and convenience of the public within commercial establishments may also be erected. Each such sign shall not exceed two square feet in area.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2) 
Trespassing signs, or signs indicating the private nature of a road, driveway, or premises, and signs prohibiting or otherwise controlling hunting or fishing upon particular premises may be erected and maintained, provided each sign area does not exceed two square feet in area.
(3) 
Temporary signs, provided that they conform to the regulations hereinafter set forth.[1]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[1]
Editor's Note: Original Subsections 2D, which regarded signs advertising garage and yard sales, and E, which regarded political signs, which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Temporary sign regulations. The following shall be observed in all districts.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
Temporary signs, which shall not exceed six square feet on a side, may be erected without a permit for a period of up to six months. No more than two temporary signs may be erected on any property without a permit at any time.
(2) 
Temporary signs which are larger than six square feet in area shall be permitted, provided that:
(a) 
A permit is obtained, which shall run for a period of up to six months, as applicant chooses.
(b) 
Signs shall not exceed 24 square feet in area.
(c) 
Any freestanding sign shall be located at least 10 feet distant from any lot lines.
(d) 
Signs shall be removed immediately upon expiration of permit.
(e) 
The site or building on which the sign was erected shall be restored to its original condition upon removal of sign.
(f) 
A permit must be obtained before erecting any temporary sign, except as provided in Subsection C(1).
D. 
Business signs (on-premises signs). Business signs accessory to permitted commercial uses that are permitted, provided that:
(1) 
Signs for home occupations permitted under § 490-8.09 of this chapter shall not exceed four square feet in area. Signs for recreational uses permitted under § 490-8.08 shall not be greater than eight square feet in size. No more than one such sign shall be permitted on any lot.
(2) 
Signs mounted on the front of a building shall not exceed 10 square feet in area for each five linear feet of front building wall and in no case shall exceed 30 feet in width or eight feet in height at the minimum allowable building setback. For each additional two feet of setback, the maximum height of the sign may be increased by one foot, provided that no sign shall exceed 20 feet in height or exceed 20% of face of building.
(3) 
Signs mounted on a side wall exposed to public view from either a street or parking area shall not exceed 10 square feet of area for each linear foot of such side building wall, and in no case shall exceed 30 feet in width.
(4) 
Mounted signs shall be installed parallel to the supporting wall and project not more than 10 inches from the face of such wall.
(5) 
Freestanding business signs shall not exceed 50 square feet in area, except that freestanding business signs located in the Commercial-Industrial District may be up to 100 square feet in size.
(6) 
Freestanding business signs shall not exceed 35 feet in height above the average grade of the proposed site, except that freestanding business signs located in the Commercial-Industrial District extend to a maximum height of 70 feet above the average grade of the proposed site.
(7) 
Freestanding signs shall be erected only within the limits of the front yard of the properties to which they pertain.
(8) 
Signs shall not be placed closer to each other than a distance equal to 10 times the largest dimension (height or width) of the sign having the largest dimension.
E. 
Billboards or advertising sign boards (off-premises signs).
(1) 
Billboards or advertising sign boards may be situated within an area measuring 200 feet parallel to the right-of-way of I-80, in both directions, in a Commercial- Industrial District. Such uses shall be considered a permitted use in the Commercial-Industrial District.
(2) 
Billboards or advertising sign boards shall be located no closer than 1,000 feet (measured on the same side of the street) to any other advertising sign board, and no closer than 150 feet to any residence.
(3) 
Billboards or advertising sign boards shall not exceed 300 square feet in area.
(4) 
Billboards or advertising sign boards may have two parallel faces, but may not be vertically or horizontally doubled or multiplied further in any fashion.
(5) 
Billboards or advertising sign boards shall not exceed 50 feet in height above the average grade of the proposed site.
F. 
Sign permit.
(1) 
Applications for sign permits shall be filed with the Zoning Officer in duplicate and on forms furnished by the Township and shall be accompanied by detailed plans and specifications.
(2) 
Permit fees. No permit to erect shall be issued until a fee, as established from time to time by resolution of the Board, has been paid.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Subject to the requirements of Article X of this chapter, the Zoning Hearing Board may allow as a special exception the conversion of a single-family dwelling into a dwelling for a greater number of families, subject to the following requirements:
A. 
No dwelling unit shall have less than 600 square feet of floor area.
B. 
The lot area per family must meet the requirements for the district in which the lot is located.
C. 
There is no external alteration of the building except as may be necessary for reasons of safety. Fire escapes and outside stairways shall, where practicable, be located to the rear of the building.
D. 
The Zoning Hearing Board shall specify the maximum number of families permitted to occupy such building, and may prescribe such further conditions and restrictions as the Zoning Hearing Board may consider appropriate within the intent and purpose of this chapter.
E. 
The off-street parking requirements of this chapter or any other arrangements as required appropriate by the Zoning Hearing are met.
Unless otherwise provided by this chapter, all mobile homes shall be set upon a permanent foundation as provided herein; and any mobile home which has been or is to be set upon such a foundation shall be considered a dwelling and be subject to any and all sections of this chapter regulating and affecting dwellings.
A. 
Mobile homes shall at a minimum be placed upon piers at each of the four corners of the frame of the mobile home, with two additional piers per side at intermediate locations. Mobile homes less than 50 feet long shall require only one additional pier per side.
B. 
The piers upon which a mobile home is placed shall be mortared and shall be on concrete footers extending below the frost level.
C. 
Mobile homes shall be securely anchored to each pier either by bolts or by over-the-top ties.
D. 
Every mobile home placed upon piers shall, within 30 days of placement, be skirted with acceptable building material in a manner which will eliminate open access to the area underneath the mobile home.
E. 
This section shall not be construed to prohibit the placement of mobile homes upon enclosed foundations.
A. 
General.
(1) 
Mobile home parks are permitted only in those zoning districts as specified in this chapter. Every proposed mobile home park must meet the requirements of this article as well as all the requirements pertaining to major land development, unless otherwise excepted.
(2) 
Each mobile home placed in a mobile home park shall secure an occupancy permit prior to its use as living quarters.
B. 
Site plan requirements and procedures. Application for a mobile home park shall require the submission of six copies of the preliminary and final plans to the Township Planning Commission in accordance with Article III, Plan Requirements, and Article IV, Plan Processing Procedures, of Chapter 415, Subdivision and Land Development, of the Code of the Township of Porter. In addition, all design standards as contained in Article V, Installation and Approval of Improvements, of Chapter 415, Subdivision and Land Development, of the Code of the Township of Porter shall apply, unless delineated by this article.
C. 
Design standards.
(1) 
Minimum park area. Each mobile home park shall have a gross area of at least two contiguous acres of land suitable for development.
(2) 
Grading and ground cover requirements.
(a) 
The developer shall retain existing vegetation to the greatest extent possible in order to prevent soil erosion.
(b) 
A stormwater management plan shall be submitted in accordance with § 490-8.16 of this chapter.
(3) 
Mobile home park lot requirements.
(a) 
Gross density. The maximum number of mobile home lots within park shall be no more than four lots per acre of the gross area.
(b) 
Minimum lot sizes. The minimum mobile home lot shall contain no less than 6,000 square feet. The minimum width of any mobile home lot shall not be less than 60 feet.
(c) 
Innovative site design. Variations in lot size may be permitted for innovative design deemed desirable by the Planning Commission.
(4) 
Setbacks, buffer strips and screening requirements.
(a) 
Setbacks from public roads. All mobile homes and auxiliary structures shall be located at least 40 feet from the right-of-way of any abutting public road or street.
(b) 
Park perimeter buffer strips. All mobile homes and auxiliary structures shall be located at least 50 feet from the mobile home park boundary lines. If a suitable attractive, effective screening either man-made or of natural plantings is provided along the perimeter, this minimum buffer strip may be reduced to 25 feet.
(c) 
Existing hedgerows. Developers shall utilize existing hedgerows as buffers, wherever possible.
(d) 
Adjacent commercial or industrial zones. All mobile home parks located adjacent to industrial or commercial land uses or zoned districts shall have a buffer yard of 25 feet wide consisting of fencing, trees and shrubbery. Fencing may be waived by the Planning Commission where a sufficiently dense hedgerow is utilized as the buffer.
(e) 
Screening shall be in conformance with § 490-8.03 of this chapter. Repair, maintenance, and storage areas or buildings shall be effectively and attractively screened from the mobile home lots and streets by fencing or natural plant materials.
(5) 
Recreation space requirements. A minimum of 10% of the gross park area or 1,000 square feet per unit, whichever is larger, shall be provided for recreational space. This recreational space shall be suitable for outdoor recreational activity and shall be easily accessible to all mobile home lots.
(6) 
Parking space requirements. A minimum of two stabilized vehicle parking spaces shall be provided for each mobile home lot within the mobile home park. These parking spaces shall be located within 200 feet of the mobile home lot which they are intended to serve.
(7) 
Mobile home park internal street and drainage system requirements. All mobile home lots within a mobile home park must have access to the mobile home park internal street system. Streets and drainage control systems shall be constructed in accordance with the road standards outlined in Chapter 415, Subdivision and Land Development, in effect for Porter Township, except that street widths shall be as follows:
(a) 
Where parking is permitted on both sides, a minimum cartway width of 30 feet shall be required.
(b) 
Where parking is limited to one side, a minimum cartway width of 28 feet shall be required.
(c) 
Where no parking is permitted on either side of the street, a minimum cartway width of 20 feet shall be required.
(8) 
Mobile home lot improvements. All mobile home lots within the mobile home park shall be improved for use by independent homes. This shall include necessary utility hookups. In addition, an all-weather patio area with a minimum area of 200 square feet shall be provided for each mobile home.
D. 
Utilities and park facilities.
(1) 
Water supply system. An adequate supply of water shall be provided for mobile homes, service buildings and other accessory facilities. Where a public water supply system of satisfactory quantity, quality and pressure is available, connection shall be made to it and its supply shall be used exclusively. Where a satisfactory public water supply system is not available, the applicant shall design, install, and maintain a private water supply system according to the standards of and with the approval of the Pennsylvania Department of Environmental Protection.
(2) 
Sewage disposal system. An adequate and safe sewage system shall be provided in all mobile home parks for conveying and disposing of sewage from mobile homes, service buildings and other accessory facilities. Mobile home parks shall be connected to public sewer systems, where possible. Where a satisfactory public sewage disposal system is not available, the applicant shall design, install and maintain an approved private sewage system according to the standards of the Department of Environmental Protection.
(3) 
Other utility systems. Telephone, electric, television cable, natural or bottled gas, fuel oil or other utilities shall be provided in accordance with plans approved by the Township Supervisors and the utility company. Underground installation of the utility distribution are required for approval of the mobile home park proposal.
(4) 
Service and other auxiliary park buildings. Service, maintenance and management buildings, recreation or community buildings and commercial sales buildings required for the management, servicing and maintenance of the park and well-being of the park residents shall be allowed within the mobile home park boundaries. The entire area of these buildings shall be used exclusively for the management, servicing and maintenance requirements of the park.
(5) 
Solid waste collection and disposal. The developer shall present information to the Board of Supervisors explaining the proposed method of solid waste collection disposal. If such method is not deemed sufficient by the reviewing agencies, an alternate method shall be proposed by the applicant.
E. 
Rules and regulations of the park. The developer shall submit to the Board of Supervisors a copy of the proposed rules and regulations to be followed by tenants of the mobile home park. At a minimum, regulations shall include the following:
(1) 
Each mobile home shall be skirted with either a masonry wall or fabricated materials for this specific purpose. Bales of hay; straw, interior plywood, unfinished wood or like material shall not be allowed.
(2) 
Garbage and trash shall be placed in appropriate receptacles.
(3) 
Each mobile home shall be anchored to prevent the structure from being overturned or blown from its foundation or supports. This anchoring shall comply with the specifications outlined in the supplementary regulations of this chapter.
All junkyards existing at the effective date of this section, within one year thereafter, and all new junkyards, where permitted, shall comply with the following provisions:
A. 
No junk material, appurtenant structure, or other enclosure shall be stored or placed within 100 feet of any adjoining property or public right-of-way, and such setback area shall be kept free of weeds and scrub growth unless the adjoining property is wooded.
B. 
Any junkyard shall be completely enclosed with a fence six feet high and a visual screen of evergreen or evergreen-type hedge- or tree-row of a variety and size at the time of planting that such will attain a height of eight feet within three years thereafter and maintained in a sound and attractive manner.
C. 
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 of more than six feet.
D. 
No oil, grease, tires, gasoline or other similar material shall be burned at any time, and all other burning shall be attended and controlled at all times.
E. 
Any junkyards 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.
A. 
Porter Township has determined that a comprehensive program of stormwater management, including reasonable regulation of development activities causing accelerated erosion, is fundamental to the public health, safety, and welfare, and the protection of the citizens of Porter Township and all of the people of the commonwealth, their resources and the environment. The Porter Township supervisors adopted on May 7, 2007, a comprehensive stormwater management program for the Township of Porter to promote health, safety, and welfare within the Fishing Creek/Cedar Run Watershed.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
All activities that create impervious surfaces within the Fishing Creek Watershed in Porter Township shall comply with Chapter 400, Stormwater Management, Part I, Fishing Creek/Cedar Run Watershed, of this Code, except those activities specifically listed as exempt in that chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Given the community development objectives as outlined in Article I of this chapter, and the large number of biological diversity areas and streams with exceptional value and scenic river designations in Clinton County, the Township Zoning Officer may require an applicant for a zoning permit to submit an erosion and sedimentation control plan.
(1) 
Stormwater management controls are intended to reduce the impact of storms, enhance groundwater recharge, prevent erosion, sedimentation and flooding and maintain natural drainageways. The specific intent of these controls is that stormwater runoff from any site during and after site disturbance be no greater than that which existed prior to development.
(2) 
The erosion and sedimentation control plan shall be designed to adequately control, collect and dispose of stormwater drainage from the site including, if necessary, storm sewers, culverts, ditched, swales, retention ponds or and other related stormwater control facilities.
D. 
An erosion and sedimentation control plan consists of two parts: a) a narrative describing the project and giving the purpose and the engineering assumptions and calculations for control measures and facilities; and b) a map or maps describing the topography of the area and showing proposed alterations to the area and the erosion and sedimentation control measures and facilities.
(1) 
The narrative must include the following:
(a) 
General description of the project.
(b) 
General description of stormwater handling.
(c) 
General description of accelerated erosion control.
(d) 
General description of sedimentation control.
(e) 
Date project is to begin and expected date final stabilization will be completed.
(f) 
Training and experience of person preparing the plan.
(2) 
A map of the project area must show the following topographic features:
(a) 
The location of the project relative to highways, municipalities or other identifiable landmarks.
(b) 
Contours at an interval that will adequately describe the topography.
(c) 
Boundary lines of the project area.
(d) 
Acreage of the project.
(e) 
Streams, lakes, ponds or other bodies of water within the project area and/or in the vicinity of the project.
(f) 
Types, depth, slope and aerial extent of soils must be shown. Type may be specified as in a soil survey.
(g) 
Other physical features, including scale of map and North arrow.
(3) 
The proposed alterations to the area must be shown on an additional map.
(a) 
Changes to land surfaces and vegetative cover.
(b) 
Areas of cut and fills.
(c) 
Structures, roads, paved areas, buildings.
(d) 
Stormwater control facilities.
(e) 
Contours of finished area at an interval that will adequately describe the final topography.
(4) 
The amount of stormwater runoff from the project area and the upstream water shed area must be described in narrative form. Methods of calculation, factors considered and provisions for safe stormwater handling and disposal must be included.
(5) 
Temporary control measures and facilities for use during earthmoving activities must be shown on a map and described in a narrative. Types, locations, and dimensions of control measures and facilities must be included along with design considerations and calculations. A schedule of staging, installation and operations of the measures and facilities must be outlined in the narrative.
(6) 
Permanent control measures and facilities for site restoration and long-term protection must be shown on a map and described in a narrative.
(7) 
A maintenance program for the control facilities must be described in a narrative. The methods, frequency and ultimate disposal site for solid waste material must be considered. The facilities must be maintained for their designated operations to insure adequate performance.
E. 
In general, all of the above requirements are to be shown on an erosion and sedimentation control plan unless the activity is for minor earthmoving or on a small land are. In any case, sufficient detail must be shown to clearly indicate the plan's effectiveness.
F. 
Submission of and erosion and sedimentation control plan to the County Zoning Officer does not alleviate the applicant's responsibility to obtain all other applicable federal, state and local permits.
A. 
Communications towers and antennas.
(1) 
Regulations governing communications antennas and communications equipment buildings.
(2) 
Building-mounted communications antennas shall not be located on any single-family dwelling or two-family dwelling.
(3) 
Building-mounted communications antennas shall be permitted to exceed the height limitations of the applicable zoning district by no more than 20 feet.
(4) 
Omnidirectional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter.
(5) 
Directional or panel communications antennas shall not exceed five feet in height and three feet in width.
(6) 
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence from a Pennsylvania-registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.
(7) 
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the structure for review by the Porter Township Planning Commission for compliance with this chapter.
(8) 
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and communications equipment building can be accomplished.
(9) 
Communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(10) 
Communications Antennas shall not cause radio frequency interference with other communications facilities located in the Township.
(11) 
A communications equipment building shall be subject to the height and setback requirements of this chapter for an accessory structure.
(12) 
The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a communications tower, if applicable, and communications antennas.
(13) 
The applicant shall demonstrate that the proposed communications tower and communications antennas proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(14) 
Communications towers shall comply with all applicable Federal Aviation Administration, commonwealth Bureau of Aviation and applicable airport zoning regulations.
(15) 
Any applicant proposing construction of a new communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the communications antennas on an existing building, structure or communications tower. A good faith effort shall require that all owners of potentially suitable structures within a one-quarter-mile radius of the proposed communications tower site be contacted and that one or more of the following reasons for not selecting such structure apply:
(a) 
The proposed antennas and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at a reasonable cost.
(b) 
The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at a reasonable cost.
(c) 
Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.
(d) 
Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(e) 
A commercially reasonable agreement could not be reached with the owners of such structures.
(16) 
Access shall be provided to the communications tower and communications equipment building by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all-weather surface for its entire length.
(17) 
A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot meeting the minimum lot size requirements for the zoning district.
(18) 
Recording of a plat of subdivision or land development shall not be required for a lease parcel on which a communications tower is proposed to be constructed, provided the communications equipment building is unmanned.
(19) 
The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function.
(20) 
In all zoning districts except Commercial Industrial, the maximum height of any communications tower shall be 150 feet; provided, however, that such height may be increased to no more than 200 feet, provided the required setbacks from adjoining property lines (not lease lines) are increased by one foot for each one foot of height in excess of 150 feet. In the Commercial District, the maximum height of any communications tower shall be 180 feet.
(21) 
The base of a communications tower shall be landscaped so as to screen the foundation and base and communications equipment building from abutting properties.
(22) 
The communications equipment building shall comply with the required yards and height requirements of the applicable zoning district for an accessory structure.
(23) 
The applicant shall submit certification from a Pennsylvania-registered professional engineer that a proposed communications tower will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting structures, published by the Electrical Industrial Association/Telecommunications Industry Association and applicable requirements of this chapter.
(24) 
The applicant shall submit a copy of its current Federal Communications Commission license; the name, address and emergency telephone number for the operator of the communications tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications tower and communications antennas.
(25) 
All guy wires associated with guyed communications towers shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure.
(26) 
The site of a communications tower shall be secured by a fence with a maximum height of eight feet to limit accessibility by the general public.
(27) 
No signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency which has jurisdiction.
(28) 
If a communications tower remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the communications tower within six months of expiration of such twelve-month period.
(29) 
One off-street parking space shall be provided within the fenced area.
A. 
The keeping of all animals, including household pets, shall be subject to the requirements of Chapter 117, Animals, Article I, Keeping of Animals, of the Township Code of Ordinances. In addition, the keeping of horses as pets shall meet the standards contained in § 490-8.18B below.
B. 
The keeping of horses as pets is permitted in any district, provided:
(1) 
The lot contains at least one acre of pasture per horse.
(2) 
The manure is not stored within 150 feet of any property line.
(3) 
The pasture is completely enclosed with a fence at least four feet in height.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Adult entertainment establishments or facilities as defined herein may only be permitted as a conditional use in those districts specified in the district regulations and in accordance with § 490-11.06, and shall meet the following standards.
(1) 
For the further promotion and protection of the public health, safety, morals and general welfare of the Township, certain uses as hereinafter specified and recognized as having a detrimental and deleterious effect when allowed to concentrate in one area or when allowed to locate within close proximity to other uses shall be permitted as a conditional use in those districts specified in this chapter and in § 490-11.06. The regulations which follow are designed to prevent such adverse effects. Adult entertainment facilities shall not be located within:
(a) 
Five hundred feet of any rural district, residential structure, or rooming unit;
(b) 
One thousand feet of any church, school, theater, park, playground, public school, billiard hall, amusement arcade, club or lodge; or other area where minors congregate.
(c) 
One thousand feet of any establishment licensed by the PA Liquor Control Board to dispense alcoholic beverages;
(d) 
One thousand feet of restaurant, eating establishment or grocery store; nor within.
(e) 
One thousand feet of any other adult entertainment establishment;
(f) 
For the purposes of this section, spacing distances shall be measured from all property lines of any of the uses specified or mentioned in Subsection A(1) above.
(2) 
Advertisement, displays, or other promotional materials for adult entertainment facilities shall not be shown or exhibited so as to be visible to the public from any street, sidewalk or other public place.
(3) 
All building openings, entries, exits or windows for adult entertainment establishments shall be located, covered or screened in such a manner as to prevent a view into the interior from any street, sidewalk or other public place. In the case of an adult drive-in or motion-picture theater, viewing screens shall be situated so as to prevent observation from any street, sidewalk or other public area or nearby preexisting residential area.
(4) 
No person shall engage in business as an adult entertainment establishment without first obtaining a license from the Township Board of Supervisors. Such license shall be an annual license for the calendar year or the remaining part thereof. The license fee shall be established and reviewed annually by the Board of Supervisors as part of the zoning fee resolution. Such license shall be obtained annually on or before the February meeting of the Board of Supervisors of each calendar year.
(5) 
The license required herein shall be issued only after a complete application has been filed with the Township Zoning Officer. No person granted a license under this chapter shall, by virtue of holding one license keep more than one place of business as an adult entertainment establishment in Porter Township. Such license shall be posted conspicuously upon the premises licensed thereunder. No license issued hereunder shall be transferable, except when the owner applies for a transfer and pays the required transfer fee.
(6) 
An application for a license under this chapter shall be submitted to the Zoning Officer on the form supplied by the Zoning Officer setting forth the following:
(a) 
The name and address of the applicant:
(b) 
Premises from which licensed business, operation or activity is to be conducted;
(c) 
Nature of proposed business, operation or activity;
(d) 
Any previous criminal record of applicant, applicant's employees and applicant's employer, principal or agent;
(e) 
If applicable, names and addresses of person(s) by whom applicant is employed, organization on whose behalf applicant is engaging in business, operation or activity or principals or agents of applicant; and
(f) 
Names and addresses of employees.
(7) 
Upon receipt of a complete license application form and payment of the required fee, the Township may cause an investigation to be made of the nature of the proposed business, operation or activity, the condition of the premises, the character and reputation of the applicant, and any other factors which shall be deemed necessary for ascertaining whether the same can be conducted lawfully and without endangering the lives or health of prospective patrons.
(8) 
When, upon said investigation, the Township determines that the proposed business, operation or activity may be conducted lawfully and without endangering the health or safety of proposed patrons and if its found that the information set forth on the application is true and correct, the applicant to be of good character and reputation and that no license previously issued to the applicant hereunder was ever revoked and that the applicant is not indebted to the Township for taxes or for license fees of any kind or nature whatsoever, then a license shall issue no later than 30 days after application has been made. In the event the Zoning Officer denies said permit, the applicant may appeal said denial to the Zoning Hearing Board which appeal must be filed within 20 days of said denial. Every license issued hereunder shall be posted conspicuously upon the premises.
B. 
It is hereby declared that the sale of adult entertainment materials, periodicals, devices or services by any person to any person under 18 years of age or the allowance of admission to such an establishment of any person under 18 years of age is a summary offense, and any person, firm or corporation who shall violate any provisions of this section shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be subject to a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days.
Mineral extraction and processing operations, such as asphalt and cement plants, gas wells, quarries, strip mines, borrow pits or other commercial extraction or processing of sand, oil, gas, rock, gravel, earth, clay or similar materials, may be permitted only as outlined in this article. Such operations shall comply with Department of Environmental Protection's permit requirements and evidence of such compliance must be submitted with any application for an extractive operation. In addition, the following standards shall be met.
A. 
Buffer. A buffer strip of at least 40 feet shall be provided along the perimeter of the excavation site. Such buffer area will include an effective natural or man-made screening.
B. 
Access. The applicant shall indicate to the Zoning Officer the proposed means of accessing the property i.e., the roads that will be used to transport the excavated material to and from the site. The Zoning Officer shall review the suitability of the proposed routes and determine if any problems exist that could be rectified through such things as rerouting the trucks onto more satisfactory roads.
C. 
No excavation, quarry wall, storage or area in which processing is conducted shall be located within 100 feet of any lot line or street line nor within 200 feet of any Village Residential District or Conservation District boundary line.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
All excavations, except stone quarries subject to Subsection G herein, shall be graded in such a way to provide an area which is harmonious with the surrounding terrain and not dangerous to human or animal life.
E. 
Truck access to any excavation shall be arranged to minimize danger to traffic, nuisance to surrounding properties, and detrimental effects on local roads (if otherwise avoidable by alternative routes).
F. 
A rockcrusher, cement plant or other crushing, grinding, polishing or cutting machinery or other physical or chemical process for treating such products shall be subject to such conditions and safeguards as deemed necessary by the Zoning Hearing Board.
G. 
Quarries whose ultimate depth shall be more than 25 feet shall provide the following:
(1) 
A chain link (or equivalent) fence at least 10 feet high with a slanted section on top strung with barbed wire placed around the perimeter of active and inactive quarries; and
(2) 
Warning signs placed on the fence at intervals of not more than 100 feet, completely surrounding the area.
Campgrounds or recreational vehicle parks may be permitted only as specified in the district regulations. Every proposed campground or recreational vehicle park must also meet the requirements set forth in Chapter 415, Subdivision and Land Development, in effect in Porter Township as well as the standards outlined below.
A. 
General requirements. Campgrounds or recreational vehicle parks shall be designed for intermittent recreational use. No year-round residential occupancy of any unit in a campground shall be permitted. (See § 490-8.21D below regarding campgrounds in flood-prone areas.)
B. 
Design standards.
(1) 
Minimum campground area. A campground shall have a gross area equal to the minimum lot size required for the district in which it is to be located.
(2) 
Campsite requirements.
(a) 
Gross density. The maximum number of campsites within each campground shall be no more than 15 per acre of gross area of the campground.
(b) 
Minimum campsite sizes. Each campsite shall contain a minimum of 2,000 square feet. The minimum width shall be not less than 40 feet.
(c) 
Campsite pads. Each campsite shall be provided with a stabilized pad of gravel, crushed stone or other suitable material to be used for the placement of the camping unit. (Tent sites shall not be governed by this requirement.)
(d) 
Camping units. No more than one camping unit (recreational vehicle, truck camper, or other similar unit) shall be located on each campsite. (Tents shall not be governed by this limitation.)
(e) 
Accessory structures. No accessory structures, including sheds, storage buildings, porches, privies, etc., shall be placed on campsites located in floodplain areas. (See also § 490-8.21D below.)
(3) 
Setbacks, buffer yards and screening requirements.
(a) 
Park perimeter buffer yard. All campsites and auxiliary park structures shall be located at least 50 feet from the campground boundary lines, including public road rights-of-way. Where a screen of natural plantings is provided along the perimeter, this minimum buffer may be reduced to 25 feet.
(b) 
Minimum distance between structures and campsites. All campsites shall be located at least 30 feet from any auxiliary building.
(c) 
Minimum distance between camping units. No part of an individual camping unit shall be closer than 10 feet to a campsite boundary, including awnings and similar projections. (Tents shall not be governed by this limitation.)
(4) 
Campsite access. All campsites shall abut and have frontage on a street of the campground internal street system. [See also Subsection B(5) below.] In addition, at the entrance intersection of the campground, a fifty-foot-wide cartway shall be provided for a distance of 100 feet to accommodate the safe movement of vehicles or units into and out of the facility.
(5) 
Campground internal street system requirements. The internal street system shall be designed and constructed by the campground owner in accordance with the applicable street standards outlined in Chapter 415, Subdivision and Land Development, in effect in Porter Township, and shall be of sufficient length, width, and material to support the weight of all proposed camping units as well as emergency vehicles. It shall be the responsibility of the campground owner to maintain all such streets within the campground.
(6) 
Off-street parking requirements. A minimum of one vehicle off-street parking space shall be provided for each campsite, plus one additional off-street parking space for every five campsites shall be provided within the campground. A common parking area shall be provided for tent campers within 250 feet of campsites set aside for tent campers.
(7) 
Grading and ground cover (soil erosion and sedimentation control plans). All grading, soil erosion and sedimentation control requirements set forth in Chapter 415, Subdivision and Land Development, in effect in Porter Township shall be met. In addition, the standards established in § 490-8.16 of this chapter shall be met for all campgrounds to be located in the Fishing Creek Watershed.
(8) 
Drainage facilities. All drainage and/or stormwater management standards set forth in Chapter 415, Subdivision and Land Development, in effect in Porter Township shall be met. In addition, the standards established in § 490-8.16 of this chapter shall be met for all campgrounds to be located in the Fishing Creek Watershed.
(9) 
Common open space requirements. A minimum of 20% of the gross area of the campground shall be reserved by the developer/owner as common open space for the use of all occupants of the park. Such open space may include areas of land and water, but shall exclude all roads, parking areas, structures or service lanes. At least a portion of the open space shall be set aside for recreational use. Such recreation area shall be suitable for outdoor recreation activities and shall be easily accessible to all campsites. Applications for campgrounds or recreational vehicle parks shall include a proposal indicating the ultimate ownership and maintenance responsibilities for such common open space and recreation areas. Copies of such arrangements shall be included in the lease for each campsite.
C. 
Utilities and park facilities.
(1) 
Sewage and water facilities. The standards of the PA Department of Environmental Protection (DEP) for the provision of sewer and water facilities shall be met. Documents and approvals indicating that these standards have been met along with notations on the campground plan showing the location of water sources and rest rooms shall be presented to the Township by the applicant. (No zoning permit shall be issued for the campground until the sewage and water supply systems have been approved by DEP.) Where individual sewer hookups are not provided for each campsite, a DEP-approved community dump station must be provided by the developer for sewage disposal within the campground. It shall be the responsibility of the campground developer/owner to maintain all such facilities and comply with all local sewage regulations.
(2) 
Other utility systems. Where electric or other utilities are to be provided, plans shall be provided by the developer/owner and approved by the Township and the utility company.
(3) 
Solid waste collection, storage and disposal. Arrangements for the collection, storage, and disposal of solid wastes generated by the users of the proposed campground shall be made by the developer/owner and submitted to the Township for approval as a part of the development plan evaluation process.
(4) 
Service and other campground buildings. Service, maintenance and management buildings and commercial sales buildings required for the management, servicing and maintenance of the campground may be allowed, provided that such buildings are used exclusively for said purposes. Structures may be located within a flood fringe or general floodplain area as long as they are adequately floodproofed, but no structures may be located within a designated floodway area. (See § 490-8.10 for floodproofing standards.)
(5) 
Campground management. During times of operation, each campground owner shall designate a resident manager who shall be responsible for maintaining the facility in accordance with the requirements of this chapter and the terms and conditions of the campground's approval.
D. 
Campgrounds in flood-prone areas.
(1) 
Permit requirements. Each campground proposed to be located within a designated floodplain area, shall be required to obtain an annual seasonal zoning permit. Such permits will only be valid from April 15 through October 15 of each year. All units must be removed from the floodplain during the remainder of the year.
(2) 
Evacuation plans. Where campgrounds are proposed to be located within any designated floodplain area, a workable evacuation plan must be submitted as a part of each application for a seasonal zoning permit. Said plan must insure that all units will be removed from the floodplain during flood events.
(3) 
Anchoring. Camping units being placed in campgrounds located within any designated floodplain area must remain on wheels and be capable of being towed or transported from the site at all times. Such units may not be placed on blocks or similar supports and no activity may take place on the site which would interfere with the prompt and safe evacuation of the units in times of flood danger.
Farm-related businesses may be permitted as accessory uses in the Agricultural District, and shall be subject to the following requirements.
A. 
For the purposes of this chapter, "farm-related business" shall be defined as an accessory commercial enterprise conducted on a farm parcel which is related to and/or supportive of an ongoing agricultural operation located on the same tract of ground. All such operations shall remain secondary to the principal agricultural use of the property.
B. 
Farm-related businesses shall be conducted primarily within an enclosed building(s) typical of farm buildings, with the exception of approved storage, but may not be located within the farm residence. All buildings used for farm-related businesses shall be located in proximity to other farmstead buildings and must remain compatible with the character of the farm and the rural setting in which they are located.
C. 
The farm-related business must be owned and operated by the individual who is the resident of the farm on which it is located. All applications for businesses to be operated by someone other than the owner of the farm shall include written consent of the landowner. There shall be no more than two nonresident employees engaged in the business.
D. 
The area devoted to production, storage and sales associated with the farm-related business shall be limited to a total of 5,000 square feet of gross floor area.
E. 
No outdoor, unenclosed storage associated with a farm-related business shall become a nuisance or create a safety hazard. All such storage shall meet the requirements set forth in § 490-8.03B of this chapter.
F. 
All signs used to advertise such facilities shall meet the requirements of § 490-8.11 of this chapter.
G. 
Off-street parking spaces shall be provided for each farm-related business as set forth in § 490-8.05 of this chapter.
H. 
Farm-related businesses may include the following agricultural activities:
(1) 
Processing, storage, and/or sale of products raised or produced on the premises;
(2) 
Dairy stores;
(3) 
Custom butcher shops;
(4) 
Horticultural nurseries, greenhouses, and/or garden shops; and
(5) 
Livestock or animal grooming services.
I. 
Requests for other farm-related businesses not specified above may be submitted to the Zoning Hearing Board for consideration. Upon finding of the Board that such use complies with the criteria of this section, other applicable codes and ordinances in effect in the Township, and that the proposed use would not be detrimental to the health, safety and welfare of the residents of the neighborhood where it is to be located, such use may be approved.
[Added 6-4-2007 by Ord. No. 54-6-2007]
Cottage industries may only be permitted in the Agricultural Zoning District of the Township and will require approval as a conditional use from the Board of Supervisors.
A. 
A cottage industry shall be defined as an accessory commercial or industrial use of a residential or agricultural tract of ground which is clearly secondary to the use of the premises as a residence or farm. Cottage industries are intended to enhance the economy of the Township by producing an opportunity for landowners in the Agricultural District to establish accessory business activities, in addition to farm-related businesses, without requiring the subdivision or fragmentation of rural lands.
B. 
Cottage industries shall be conducted within an enclosed building typical of farm buildings, exclusive of the resident's dwelling. All buildings used for cottage industries must remain compatible with the character of the farm and the rural setting in which they are located.
C. 
The area devoted to production, storage and sales associated with the cottage industry shall be limited to a total of 5,000 square feet of gross floor area.
D. 
No outdoor, unenclosed storage and/or displays associated with a cottage industry shall be permitted.
E. 
The cottage industries must be owned and operated by the individual who is the owner and resident of the dwelling or farm on which it is located. There shall be no more than two nonresident individuals engaged in the cottage industry.
F. 
There shall be no exterior display or sign to advertise the cottage industry, except as may be permitted for home occupations as provided in § 490-8.11 of this chapter.
G. 
The cottage industry shall create no adverse impact on existing traffic or circulation patterns in the neighborhood and, unless specifically waived by the Board of Supervisors, shall utilize the existing means of access from any street to the residence or farm where the cottage industry is operated.
H. 
Each cottage industry shall comply with § 490-8.04 of this chapter regulating off-street loading and § 490-8.05 of this chapter regulating off-street parking.
I. 
Cottage industries may include the following low- or moderate-intensity service or industrial activities:
(1) 
Custom woodworking, furniture or cabinetry shops;
(2) 
Craftsmanship shops; and
(3) 
Small engine and/or lawn and garden equipment repair.
J. 
Requests for other cottage industries not specified above may be submitted to the Board of Supervisors for consideration. Upon finding of the Board that such use complies with the criteria of this section, other applicable codes and ordinances in effect in the Township, and that the proposed use would not be detrimental to the health, safety and welfare of the residents of the neighborhood where it is to be located, such use may be approved.
K. 
All cottage industries approved as a conditional use shall comply with the area and bulk regulations as specified in § 490-7.03 of this chapter, which includes a minimum lot size of two acres.
[Added 2-21-2022 by Ord. No. 03-21-2022]
A. 
Definitions.
(1) 
This chapter applies to solar energy systems to be installed and constructed after the effective date of this chapter, and all applications for solar energy systems on existing structures or property.
(2) 
Solar energy systems constructed prior to the effective date of this chapter shall not be required to meet the requirements of this chapter.
(3) 
Any upgrades, modifications or changes that materially alter the size or placement of an existing solar energy system shall comply with the provisions of this chapter.
(4) 
The following words, terms and phrases, when used in this chapter, unless the context indicates otherwise, shall have the following meanings ascribed to them:
ACCESSORY SOLAR ENERGY SYSTEM (ASES)
An area of land or other area used for a solar collection system used to capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for on-site use. An accessory solar energy system consists of one or more freestanding ground- or roof-mounted solar arrays or modules or solar related equipment, and is intended to primarily reduce on-site consumption of utility power or fuels.
GLARE
The effect produced by light with an intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility to a reasonable person of ordinary sensibilities.
PRINCIPAL SOLAR ENERGY SYSTEM (PSES)
An area of land or other area used for a solar collection system principally used to capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for off-site use. Principal solar energy systems consist of one or more freestanding ground- or roof-mounted solar collector devices, solar related equipment and other accessory structures and buildings, including light reflectors, concentrators, and heat exchangers, substations, electrical infrastructure, transmission lines and other appurtenant structures.
SOLAR ARRAY
A grouping of multiple solar modules with purpose of harvesting solar energy.
SOLAR CELL
The smallest basic solar electric device which generates electricity when exposed to light.
SOLAR EASEMENT
A right, expressed as an easement, restriction, covenant, or condition contained in any deed, contract, or other written instrument executed by or on behalf of any landowner for the purpose of assuring adequate access to direct sunlight for solar energy systems.
SOLAR ENERGY
Radiant energy (direct, diffuse and/or reflective) received from the sun.
SOLAR MODULE
A grouping of solar cells with the purpose of harvesting solar energy.
SOLAR PANEL
That part or portion of a solar energy system containing one or more receptive cells or modules, the purpose of which is to convert solar energy for use in space heating or cooling, for water heating and/or for electricity.
SOLAR RELATED EQUIPMENT
Items including a solar photovoltaic cell, module, panel, or array, or solar hot air or water collector device panels, lines, pumps, batteries, mounting brackets, framing and possibly foundations or other structures used for or intended to be used for collection of solar energy.
B. 
Regulations for accessory solar energy systems (ASESs).
(1) 
Exemptions.
(a) 
Except as provided herein, ASESs are exempt from this chapter.
(b) 
ASESs constructed prior to the effective date of this chapter shall not be required to meet the terms and conditions of this chapter. Any physical modification to an existing ASES whether or not existing prior to the effective date of this section that materially alters the size or placement of the ASES shall require compliance with the provisions of this chapter.
(2) 
Where permitted. ASESs shall be permitted as an accessory use in all zoning districts.
(3) 
Maintain in good working order. Upon completion of installation, the ASESs shall be maintained in good working order in accordance with standards of Porter Township, Clinton County, Pennsylvania, and any other codes under which the ASES was constructed. Failure of the property owner to maintain the ASES in good working order is grounds for appropriate enforcement actions by Porter Township, Clinton County, Pennsylvania, in accordance with applicable ordinances.
(4) 
Underground requirements. All on-site utilities, transmission lines, and plumbing shall be placed underground to the extent feasible.
(5) 
Utility notification. The owner of an ASES shall provide Porter Township, Clinton County, Pennsylvania, written confirmation that the public utility company to which the ASES will be connected has been informed of the customer's intent to install a grid-connected system and approved of such connection. Off-grid systems shall be exempt from this requirement.
(6) 
Signage. Signage is prohibited except for reasonable identification of the manufacturer of the system.
(7) 
Glare.
(a) 
All ASESs shall be placed such that concentrated solar radiation or glare does not project onto nearby structures or roadways.
(b) 
The applicant has the burden of proving that any glare produced does not have significant adverse impact on neighboring or adjacent uses either through siting or mitigation.
(8) 
Solar easements.
(a) 
Where a subdivision or land development involves the use of solar energy systems, solar easements may be provided. Said easements shall be in writing, and shall be subject to the same conveyance and instrument recording requirements as other easements. Any such easements shall be appurtenant; shall run with the land benefited and burdened; and shall be defined and limited by conditions stated in the instrument of conveyance. Instruments creating a solar easement shall include but not be limited to:
[1] 
A description of the dimensions of the easement, including vertical and horizontal angles measured in the degrees or the hours of the day, on specified dates, during which direct sunlight to a specified surface or structural design feature may not be obstructed;
[2] 
Restrictions on the placement of vegetation, structures, and other objects which may impair or obstruct the passage of sunlight through the easement;
[3] 
Enumerate terms and conditions, if any, under which the easement may be revised or terminated;
[4] 
Explain the compensation for the owner of the real property subject to the solar easement for maintaining the easement and for the owner of the real property benefiting from the solar easement in the event of interference with the easement.
(b) 
If required, an ASES owner and/or operator must obtain any solar easements necessary to guarantee unobstructed solar access by separate civil agreement(s) with adjacent property owner(s).
(9) 
Decommissioning.
(a) 
Each ASES and all solar related equipment shall be removed within 12 months of the date when the use has been discontinued or abandoned by system owner and/or operator, or upon termination of the useful life of same.
(b) 
The ASES shall be presumed to be discontinued or abandoned if no electricity is generated by such solar collector for a period of 12 continuous months.
(c) 
The ASES owner shall, at the request of Porter Township, Clinton County, Pennsylvania, provide information concerning the amount of energy generated by the ASES in the last 12 months.
(10) 
Permit requirements.
(a) 
Zoning/building permit applications shall document compliance with this chapter and shall be accompanied by drawings showing the location of the system on the building or property, including property lines. Permits shall be kept on the premises where the ASES is constructed, or where land is unimproved, at the principal office or residence of the landowner.
(b) 
The zoning/building permit shall be revoked if the ASES, whether new or preexisting, is moved or otherwise altered, either intentionally or by natural forces, in a manner which causes the ASES not to be in conformity with this chapter.
(c) 
The ASES must be properly maintained and be kept free from all hazards, including but not limited to faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety or general welfare. In the event of a violation of any of the foregoing provisions, the Zoning Officer shall give written notice specifying the violation to the owner of the ASES to conform or to remove the ASES.
(d) 
Prior to the issuance of a zoning/building permit, applicants must acknowledge in writing that the issuing of said permit for a solar energy system shall not and does not create in the property owner, its, his, her or their successors and assigns in title or, create in the property itself a) the right to remain free of shadows and/or obstructions to solar energy caused by development of adjoining or other property or the growth of any trees or vegetation on such property; or b) the right to prohibit the development on or growth of any trees or vegetation on such property.
(e) 
Routine maintenance or like kind replacements do not require a permit.
C. 
Principal solar energy systems (PSESs).
(1) 
Exemptions. PSESs constructed prior to the effective date of this section shall not be required to meet the terms and conditions of this chapter. Any physical modification to an existing PSES, whether or not existing prior to the effective date of this section, that materially alters the PSES shall require approval under this chapter.
(2) 
Where permitted. PSESs shall be permitted as a conditional use in the Agricultural and Commercial Industrial Districts.
(3) 
Compliance with industry standards. The PSES layout, design and installation shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electrical Testing Laboratory (ETL), Florida Solar Energy Center (FSEC) or other similar certifying organizations, and shall comply with the PA Uniform Construction Code as enforced by Porter Township, Clinton County, Pennsylvania, regulations adopted by the Pennsylvania Department of Labor and Industry, and with all other applicable fire and life safety requirements. The manufacturer specifications for the key components of the system shall be submitted as part of the permit application.
(4) 
Installers. PSES installers must demonstrate they are listed as a certified installer on the PA Department of Environmental Protection's (DEP) approved solar installer list or that they meet the criteria to be a DEP-approved installer by meeting or exceeding one of the following requirements:
(a) 
Is certified by the North American Board of Certified Energy Practitioners (NABCEP) for solar thermal installation.
(b) 
Has completed an Interstate Renewable Energy Council (IREC) Institute for Sustainable Power Quality (ISPQ) accredited solar thermal training program or a solar collector's manufacturer's training program, and successfully installed a minimum of three solar thermal systems.
(5) 
Maintain in good working order. Upon completion of installation, the PSES shall be maintained in good working order in accordance with standards of Porter Township, Clinton County, Pennsylvania, and any other codes under which the PSES was constructed. Failure of the owner to maintain the PSES in good working order is grounds for appropriate enforcement actions by Porter Township, Clinton County, Pennsylvania, in accordance with applicable ordinances.
(6) 
Underground requirements. All on-site transmission and plumbing lines shall be placed underground to the extent feasible.
(7) 
Utility notification. The owner of a PSES shall provide Porter Township, Clinton County, Pennsylvania, written confirmation that the public utility company to which the PSES will be connected has been informed of the customer's intent to install a grid-connected system and approved of such connection.
(8) 
Signage. No portion of the PSES shall contain or be used to display signage, except that the manufacturer's name and equipment information or indication of ownership shall be allowed on any equipment of the PSES, provided they comply with the prevailing sign regulations.
(9) 
Glare.
(a) 
All PSESs shall be placed such that concentrated solar radiation or glare does not project onto nearby structures or roadways.
(b) 
The applicant has the burden of proving that any glare produced does not have significant adverse impact on neighboring or adjacent uses either through siting or mitigation.
(10) 
Noise study. A noise study shall be performed and included in the zoning/building permit application. The noise study shall be performed by an independent noise study expert and paid for by the applicant. Noise from a PSES shall not:
(a) 
Constitute an amount which disturbs a reasonable person of normal sensitivities and which serves as an unreasonable interference with a right common to the general public; or
(b) 
Constitute a danger or potential danger to the health, safety, or welfare of the citizens of Porter Township.
(11) 
Silviculture study. A silviculture study shall be performed by a professional silviculturist to document the original condition, quality, and density of forest and woodland, including related elements such as wildlife habitat, timber, and water resources, which study shall be provided to the Township as part of the application for a conditional use.
(12) 
Tree and landscaping removal. No trees or other landscaping otherwise required by the municipal ordinances or attached as a condition of approval of any plan, application, or permit may be removed for the installation or operation of a PSES.
(13) 
Contact information. The PSES owner and/or operator shall maintain a phone number and identify a person responsible for the public to contact with inquiries and complaints throughout the life of the project and provide this number and name to Porter Township, Clinton County, Pennsylvania. The PSES owner and/or operator shall make reasonable efforts to respond to the public's inquiries and complaints.
(14) 
Solar easements.
(a) 
Where a subdivision or land development proposes a PSES, solar easements may be provided. Said easements shall be in writing, and shall be subject to the same conveyance and instrument recording requirements as other easements. Any such easements shall be appurtenant; shall run with the land benefited and burdened; and shall be defined and limited by conditions stated in the instrument of conveyance. Instruments creating a solar easement shall include but not be limited to:
[1] 
A description of the dimensions of the easement, including vertical and horizontal angles measured in the degrees or the hours of the day, on specified dates, during which direct sunlight to a specified surface or structural design feature may not be obstructed;
[2] 
Restrictions on the placement of vegetation, structures, and other objects which may impair or obstruct the passage of sunlight through the easement;
[3] 
Enumerate terms and conditions, if any, under which the easement may be revised or terminated;
[4] 
Explain the compensation for the owner of the real property subject to the solar easement for maintaining the easement and for the owner of the real property benefiting from the solar easement in the event of interference with the easement.
(b) 
If required, a PSES owner and/or operator must obtain any solar easements necessary to guarantee unobstructed solar access by separate civil agreement(s) with adjacent property owner(s).
(15) 
Decommissioning.
(a) 
Each PSES and all solar related equipment shall be removed within 12 months of the date when the use has been discontinued or abandoned by system owner and/or operator, or upon termination of the useful life of same.
(b) 
The PSES owner is required to notify Porter Township, Clinton County, Pennsylvania, immediately upon cessation or abandonment of the operation. The PSES shall be presumed to be discontinued or abandoned if no electricity is generated by such system for a period of 12 continuous months.
(c) 
The PSES owner shall then have 12 months in which to dismantle and remove the PSES including all solar-related equipment or appurtenances related thereto, including but not limited to buildings, cabling, electrical components, roads, foundations and other associated facilities from the property. The owner shall also restore the land to its original condition, including forestry plantings of the same type/variety and density as the original, as set forth in the silviculture study mentioned above, without reintroduction of invasive species. If the owner fails to dismantle and/or remove the PSES and restore the land within the established time frames. Porter Township, Clinton County, Pennsylvania, may complete the decommissioning and land restoration at the owner's expense, to include court costs and reasonable attorney's fees.
(d) 
At the time of issuance of the permit for the construction of the PSES, the owner shall provide financial security in the form and amount acceptable to Porter Township, Clinton County, Pennsylvania, to secure the expense of dismantling and removing said PSES and restoration of the land to its original condition, including forestry plantings of the same type/variety and density as the original.
(e) 
The PSES owner shall, at the request of Porter Township, Clinton County, Pennsylvania, provide information concerning the amount of energy generated by the PSES in the last 12 months.
(16) 
Permit requirements.
(a) 
Zoning/building permit applications shall document compliance with this chapter and shall be accompanied by drawings showing the location of the PSES on the property, including property lines. Permits shall be kept on the premises where the PSES is constructed or, where land is unimproved, at the principal office or residence of the landowner.
(b) 
PSES shall comply with Porter Township. Clinton County, Pennsylvania, zoning and subdivision and land development requirements. The installation of PSES shall be in compliance with all applicable permit requirements, codes, and regulations.
(c) 
The PSES owner and/or operator shall repair, maintain and replace the PSES and related solar equipment during the term of the permit in a manner consistent with industry standards as needed to keep the PSES in good repair and operating condition.
(d) 
Prior to the issuance of a zoning/building permit. PSES applicants must acknowledge in writing that the issuing of said permit shall not and does not create in the property owner, its, his, her or their successors and assigns in title or, create in the property itself:
[1] 
The right to remain free of shadows and/or obstructions to solar energy caused by development of adjoining or other property or the growth of any trees or vegetation on such property; or
[2] 
The right to prohibit the development on or growth of any trees or vegetation on such property.
(e) 
Routine maintenance or like-kind replacements do not require a permit.
(17) 
Ground-mounted principal solar systems.
(a) 
Lot size. The PSES shall meet the lot size requirements of the underlying zoning district.
(b) 
Setbacks. PSESs shall comply with the setbacks of the underlying zoning district for principal structures.
(c) 
Height. Ground-mounted PSESs shall comply with the building height restrictions for principal structures of the underlying zoning district.
(d) 
Coverage.
[1] 
The area beneath the ground-mounted PSES is considered pervious cover. However, use of impervious construction materials under the system could cause the area to be considered impervious and subject to the impervious surface limitations for the underlying zoning district.
[2] 
The PSES shall not exceed 25% of the total area of the lot in the Agricultural District.
[3] 
The applicant shall submit a stormwater management plan that demonstrates compliance with the municipal stormwater management regulations.
[4] 
PSES owners are encouraged to use low maintenance and low growing vegetative surfaces under the system as a best management practice for stormwater management.
(e) 
Screening. Ground-mounted PSESs shall be screened from adjoining residential uses or zones by placement of a fence, at least eight feet in height, that is sufficiently opaque to prohibit a person at ground level from seeing through it.
(f) 
Location restrictions. Ground-mounted PSESs shall not be placed within any legal easement or right-of-way location, or be placed within any stormwater conveyance system or in any other manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system.
(g) 
Security.
[1] 
All ground-mounted PSESs shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate.
[2] 
A clearly visible warning sign shall be placed at the base of all pad-mounted transformers and substations and on the fence surrounding the PSES, informing individuals of potential voltage hazards.
(h) 
Access.
[1] 
At a minimum, a twenty-five-foot-wide access road must be provided from a state or Township roadway into the site.
[2] 
At a minimum, a twenty-foot-wide cartway shall be provided between the solar arrays to allow access for maintenance vehicles and emergency management vehicles, including fire apparatus and emergency vehicles. Cartway width is the distance between the bottom edge of a solar panel to the top edge of the solar panel directly across from it.
[3] 
Access to the PSESs shall comply with the municipal access requirements in Chapter 415, Subdivision and Land Development.
(i) 
Lighting. Ground-mounted PSESs shall not be artificially lighted except to the extent required for safety or applicable federal, state, or local authority.
(j) 
Earth disturbance. If a ground-mounted PSES is removed, any earth disturbance resulting from the removal must be graded and reseeded. (See § 490-8.16, Erosion and sedimentation control and stormwater management plan requirements.)
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(18) 
Roof- and wall-mounted principal solar energy systems.
(a) 
For roof- and wall-mounted systems, the applicant shall provide evidence that the plans comply with the Uniform Construction Code and adopted Building Code of Porter Township, Clinton County, Pennsylvania, that the roof or wall is capable of holding the load imposed on the structure. Applications for roof-mounted PSESs shall be accompanied by engineer-stamped plans that demonstrate the structural sufficiency of the roof to hold the weight of the PSES.
(b) 
PSESs mounted on the roof or wall of any building shall be subject to the maximum height regulations of the underlying zoning district.
(c) 
Fire safety. The provisions of the California Department of Forestry and Fire Protection, Office of the State Fire Marshall, Solar Photovoltaic Installation Guide, dated April 22, 2008, shall apply to PSESs.