This article establishes additional specific requirements for certain specific uses, in addition to the sign, parking, environmental and other general requirements of this chapter and the requirements of each district. Wherever two requirements conflict, the stricter requirement shall apply.
[Amended 2-4-2019 by Ord. No. 1-2019; 5-3-2021 by Ord. No. 2021-1; 11-17-2022 by Ord. No. 1-2022; 9-2-2025 by Ord. No. 2025-1]
A.
Each of the following uses shall meet all of the following requirements for that use:
(1)
Adult use. (This is limited to the following: adult store, adult movie theater, massage parlor, or adult live entertainment facility.)
(a)
Purposes. The regulations on adult uses are intended to serve the following purposes, in addition to the overall objectives of this chapter.
[1]
To recognize the adverse secondary impacts of adult uses that affect health, safety and general welfare concerns of the Township. These secondary impacts have been documented in research conducted across the nation. These secondary impacts typically include, but are not limited to: increases in criminal activity, increases in activities that increase the risk of transmission of sexually transmitted diseases, increases in activities that increase the risk of transmission of other communicable diseases, increases in blight, decreases in the stability of residential neighborhoods, and decreases in property values for surrounding homes, and decreases in the marketability of nearby commercial business space. The research conducted across the nation concludes that adult uses typically involve insufficient self-regulation to control these secondary effects.
[2]
To limit adult uses to locations where these secondary impacts can be minimized, particularly as they affect residential neighborhoods and commercial revitalization.
[3]
To not attempt to suppress any activities protected by the "free speech" protections of the State and U.S. Constitutions, but instead to control secondary effects.
(b)
An adult use and its parking area shall not be located within any of the following distances, whichever is most restrictive:
[1]
Five hundred lineal feet from the lot line of an existing dwelling;
[2]
Five hundred lineal feet from the lot line of any lot in a residential zoning district;
[3]
One thousand lineal feet from the lot line of any primary or secondary school, place of worship, library, public park, day-care center or child nursery.
(c)
No adult use shall be located within 1,000 lineal feet from any existing "adult use."
(d)
A fifty-foot buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines. If such buffer area does not include substantial mature trees that will be preserved, it shall include continuous screening by evergreen trees with an initial height of five feet.
(e)
No pornographic material, displays or words shall be placed in view of persons who are not inside of the establishment. Definite precautions shall be made to prohibit minors from entering the premises.
(f)
No adult use shall be used for any purpose that violates any federal, state or municipal law.
(g)
Pornographic and sexually explicit signs and displays shall be prohibited that are visible from outside of the premises.
(h)
The adult use shall not include the sale or display of "obscene" materials, as defined by Pennsylvania criminal law, as may be amended by applicable court decisions.
(i)
An adult use shall be prohibited in all districts except where specifically allowed under § 240-32. An adult use is a distinct use, and shall not be allowed under any other use, such as a retail store or club.
(j)
A minimum lot area of one acre is required.
(k)
For public health reasons, private or semiprivate viewing booths of any kind are prohibited. This specifically includes, but is not limited to, booths for viewing adult movies or nude dancers.
(l)
No use may include live actual or simulated sex acts nor any physical or sexual contact between employees and entertainers nor or between employees or entertainers and customers. At an adult live entertainment use, employees or entertainers shall maintain a minimum distance of three feet from customers. This shall include, but not be limited to, a prohibition on "lap dancing."
(m)
Only "lawful" massages, as defined by state court decisions, shall be performed in a massage parlor.
(n)
All persons within any adult use shall wear nontransparent garments that cover their genitals and the female areola, except within a permitted lawful "adult live entertainment facility."
(o)
Any application for such use shall state the name and daytime address of an on-site manager responsible to ensure compliance with this chapter on a daily basis. A telephone number shall be provided where the on-site manager can be reached during Township business hours. Such information shall be regularly updated in writing to the Zoning Officer.
(p)
The use shall not operate between the hours of 12:00 midnight and 7:00 a.m.
(q)
As specific conditions of approval under this chapter, the applicant shall prove compliance, where applicable, with the following state laws, as amended: the Pennsylvania Liquor Code, Act 219 of 1990[1] (which pertains to sale or consumption of alcohol between 2:00 a.m. and 8:00 a.m.), Act 207 of 1990 (which pertains to obscenity) and Act 120 of 1996[2] (which pertains to adult-oriented establishments and which limits enclosed viewing booths among other matters).
(r)
An adult use shall not exist on the same lot as a use that sells alcoholic beverages.
(3)
After-hours club. This use is effectively prohibited by State Act 219 of 1990, as amended (Section 7327 of Title 18 of the Pennsylvania Statutes[3]). In the event that the use would be determined to be allowed, a 500-foot setback shall apply from the building and any parking areas from any residential zoning district. The applicant shall prove that adequate on-site security will be in place.
(4)
Airport.
(a)
As part of any special exception use approval required under Article IV, the Zoning Hearing Board shall have the authority to establish reasonable conditions that limit the types, sizes and weights of aircraft and the hours of operation in order to minimize noise nuisances to dwellings.
(b)
As part of a special exception use application, the applicant shall provide evidence that flight patterns will be designed to minimize noise nuisances to dwellings.
(c)
Each end of a runway shall be set back a minimum of 150 feet from all lot lines. Each side of a runway shall be set back a minimum of 75 feet from all lot lines.
(7)
Assisted-living facility/personal care center. The standards for nursing homes in this section shall apply.
(8)
Auto, boat or mobile/manufactured home sales.
(9)
Auto repair garage.
(a)
Outdoor storage of motor vehicles shall not be within any required buffer yard or street right-of-way.
(b)
The use shall not meet the definition of a "junkyard" (as defined by Article III) unless the requirements for such use are also met. A "junk vehicle" (as defined by Article III) shall not be kept within view of a road or dwelling for more than 120 days. Junk vehicles shall only be kept while they actively await repair or transfer to a salvage yard.
(10)
Auto service station.
(a)
This use may be combined with an auto repair garage if the requirements for each are met.
(b)
Fuel pumps shall be at least 25 feet from the street right-of-way and shall meet side yard principal building setback requirements.
(c)
The use shall not meet the definition of a "junkyard" (as defined by Article III) unless the requirements for such use are also met. The use shall meet the same "junk vehicle" regulations as an auto repair garage.
(d)
The use may include a "convenience store" if the requirements for such use are also met.
(e)
A canopy shall be permitted over the gasoline pumps with a minimum front yard setback of 20 feet from each street right-of-way line. Such canopy may be attached to the principal building. A portion of the allowed wall sign area may be placed on the canopy.
(11)
Bed-and-breakfast inn.
(a)
Within a residential district (where permitted under § 240-32), a maximum of six rental units shall be provided and no more than three adults may occupy one rental unit. No maximums shall apply within other permitted districts.
(b)
One off-street parking space shall be provided for each rental unit, plus employee parking. To the maximum extent feasible, off-street parking spaces for the bed-and-breakfast inn shall be:
(c)
There shall not be any signs, show windows or any type of display or advertising visible from outside the premises, except for a single sign with a maximum sign area of eight square feet on each of two sides and with a maximum height of eight feet. No internal lighting of the sign shall be permitted.
(d)
The use shall be owned, operated or managed by permanent residents of the lot.
(e)
There shall not be separate cooking facilities in any guest room. Food shall only be served to guests who are staying overnight, unless a restaurant is also permitted.
(f)
Guests shall not routinely stay for more than 21 days in any month.
(12)
Boardinghouse (includes rooming house).
(a)
Minimum lot area: 20,000 square feet.
(b)
Minimum side yard building setback: 30 feet side.
(c)
Minimum lot width: 150 feet.
(d)
Maximum density: six bedrooms per acre, but in no case shall the lot serve a total of more than 20 persons.
(e)
Each bedroom shall be limited to two adults each.
(f)
A buffer yard with screening meeting § 240-63 shall be provided between any boardinghouse building and any abutting dwelling.
(g)
Note: There are separate standards for an "assisted-living facility," which is not considered a boardinghouse.
(h)
Signs shall be limited to two wall signs with a maximum of two square feet each.
(13)
Campground, camp or recreational vehicle campground.
(a)
Retail sales shall be allowed as an accessory use, provided that in a residential district, the store is primarily intended to serve persons camping on the site.
(b)
Minimum lot area: three acres in an allowed commercial or industrial district, five acres in any other district where the use is permitted under Article IV.
(c)
All campsites, recreational vehicle sites, and principal commercial buildings shall be set back a minimum of 75 feet from any lot line. Within this buffer, the applicant shall prove to the maximum extent feasible that any existing healthy trees will be maintained and preserved. Where healthy mature trees do not exist within this buffer, and if practical considering soil and topographic conditions, new trees shall be planted within this buffer.
(d)
Buildings used for sleeping quarters shall not be within the 100-year floodplain.
(e)
No person other than a bona fide resident manager/caretaker shall reside on the site for more than six months in any calendar year. No recreational vehicle shall be occupied on the site for more than six months in any calendar year by any one individual or one family, other than a resident manager/caretaker.
(14)
Car wash.
(a)
On-lot traffic circulation channels and parking areas shall be clearly marked.
(b)
Adequate provisions shall be made for the proper and convenient disposal of refuse. The applicant shall provide evidence that adequate measures will be in place to prevent pollutants from being washed into the groundwater or waterways. Any chemicals or polluted runoff that may be hazardous to aquatic life shall be stored within an area that will completely contain any leaks, spills or polluted runoff.
(c)
Water from the car wash operation shall not flow onto sidewalks or streets in such a manner as could cause ice hazards.
(d)
Any car wash that is located within 250 feet of an existing dwelling shall not operate between the hours of 10:00 p.m. and 7:00 a.m.
(15)
Cemetery.
(a)
Minimum lot area: two acres, which may exist on the same lot as an allowed place of worship.
(b)
A crematorium, where allowed by Article IV, shall be set back a minimum of 250 feet from all lot lines of existing dwellings and all undeveloped residentially zoned lots.
(c)
All structures and graves shall be set back a minimum of: 30 feet from the right-of-way of any public street, 10 feet from the cartway of an internal driveway, and 20 feet from any other lot line. Any buildings with a height greater than 20 feet shall be set back a minimum of 50 feet from all lot lines.
(d)
No grave sites and no structures shall be located within the 100-year floodplain.
(e)
The applicant shall describe in writing as part of the application the financial system that will be put into place to guarantee perpetual maintenance.
(16)
Commercial communications antennas/tower as principal or accessory use.
(a)
An accessory commercial communications antenna shall be permitted by right in any district if it meets the following requirements:
[1]
In a district other than a commercial or industrial district, the antenna shall extend a maximum of 20 feet beyond the existing structure to which it is attached. The antenna shall be attached to one of the following existing lawful structures:
[2]
In a commercial or industrial district, the antennas shall extend a maximum of 40 feet beyond an existing building or structure (other than a dwelling), provided the antenna is set back a distance equal to its total height above the ground from any lot line of a dwelling on another lot.
(b)
Any commercial communications antenna/tower that does not meet Subsection A(16)(a) above (such as a new freestanding tower) shall only be allowed where specifically authorized in § 240-32, and in compliance with the following additional regulations:
[1]
The applicant shall be required to demonstrate, using technological evidence, that the antenna/tower must be located as proposed. An applicant for a new tower shall provide evidence to the Board of Supervisors ("the Board") that they have investigated co-locating their facilities on an existing tower and other tall structures and have found such alternative to be unworkable. The reasons shall be provided.
[2]
The applicant shall demonstrate that the proposed height is necessary to function satisfactorily.
[4]
A security fence with a minimum height of eight feet shall surround the tower and all aboveground equipment.
[5]
Landscaped visual screening shall surround a tower and any buildings, except at a driveway crossing. Such screening shall primarily include evergreen trees with an initial height of six feet. Such plantings shall be outside of the fence.
[6]
A parking space shall be provided for a maintenance vehicle, which is not required to be paved.
[7]
A business office or vehicle maintenance facility shall not be located on the lot unless such uses are allowed in the zoning district and meet the applicable requirements for such uses.
[8]
To minimize the need for additional towers in the future, to the maximum extent feasible, a proposed communications tower shall include space for additional users, including a space that should be made available for fire, ambulance and/or police services if requested by the Township.
[9]
See the requirements of the Construction Code.
[10]
The applicant shall present evidence of compliance with applicable federal requirements, such as the Federal Communications Commission and/or the Federal Aviation Administration. Where federal or state permits will be required, Township approval shall be conditioned upon the applicant showing proof of having received such permits prior to construction.
[11]
Colors should be used that reduce the visual intrusiveness of a tower. For example, areas below a surrounding tree line should be planted a brownish or greenish color. The proposed lighting shall be described in the application. The Township may restrict nighttime lighting when lighting is not required by federal requirements.
[12]
If a tower site is leased, a minimum lot area is not required for the leased area. However, the tower shall be on a lot that meets requirements for the zoning district and that allows the tower to meet setback requirements from lot lines. Such lot shall not be subdivided in a way that would cause the tower to not meet required setbacks.
[13]
A site plan shall be prepared by a professional engineer or registered surveyor and submitted to the Township for review. Such site plan shall show setbacks, adjacent uses, maximum height, proposed lighting, proposed areas of woodlands to be cleared, proposed landscaping, proposed driveway and proposed fencing.
[14]
Buildings that serve a tower shall meet minimum setbacks for a principal building.
[15]
A communications tower that is taller than 75 feet above the ground level shall be set back a distance equal to a minimum of 200 feet plus the total height of the tower from any existing occupied dwelling on another lot. The Board of Supervisors may permit an easement arrangement to be used without meeting the setback requirement from the edge of the leased area, provided that there are legal safeguards to ensure that the setback will continue to be met over time from a lot line.
[16]
An antenna/tower shall be set back from all lot lines and street rights-of-way a distance that is greater than 1.1 times the total height of the antenna/tower above the surrounding ground level.
[17]
The owner of a tower shall notify the Zoning Officer in writing within 30 days if the ownership of the tower has changed.
(c)
Purposes. These provisions for commercial communications antenna/towers are primarily designed to serve the following purposes, in addition to the overall objectives of this chapter:
[1]
To protect property values.
[2]
To minimize the visual impact of antenna/towers, particularly considering the importance of the scenic beauty of the area in attracting visitors for outdoor recreation.
[3]
To minimize the number and heights of towers in a manner that still provides for adequate telecommunications services and competition.
(d)
A tower/antenna that is intended to primarily serve emergency communications by a Township-recognized police, fire or ambulance organization, and is on the same lot as an emergency services station, shall be permitted by right. Such tower/antenna may also serve accessory commercial purposes.
(e)
Any antenna and tower that is no longer in active use shall be completely removed within six months after the discontinuance of use. The operator shall notify the Zoning Officer in writing after the antenna or tower use is no longer in active use. Any lease shall require such removal by the owner of the antenna/tower. Any lease should provide that the lease shall expire once the antenna/tower is removed. The Board may require that a financial guarantee be posted to pay for removal of the tower if the Board determines such guarantee is needed.
(f)
All accessory utility buildings or cabinets on the ground level shall have a maximum height of 10 feet.
(17)
Conversion of an existing building (including an existing dwelling) into dwelling units.
(a)
See Article IV, which regulates where conversions are permitted. Applicable state fire safety requirements shall be met.
(b)
A previously residential building shall maintain a clearly residential appearance as viewed from the street, except as may be necessary for restoration of a historic building or the addition of handicapped or fire safety improvements.
(c)
A maximum total of four dwelling units may be developed per lot unless a more restrictive provision is established by another section of this chapter.
(18)
Day-care center, child.
(b)
The use shall comply with any applicable state and federal regulations, including having an appropriate PA Department of Public Welfare (or its successor agency) registration certificate or license.
(c)
Convenient parking spaces within the requirements of Article VII shall be provided for persons delivering and waiting for children.
(d)
The use shall include secure fencing around outdoor play areas.
(e)
This use shall not be conducted as a principal use in a building that is physically attached to a dwelling that does not have a common owner.
(f)
See also the standards for a place of worship in this section, which allows a day-care center as an accessory use.
(19)
Emergency services station.
(a)
The following uses shall be allowed as accessory uses to the principal use of a fire company station: a banquet hall, bingo games, and facilities for periodic special events.
(20)
Forestry. The provisions of this subsection apply to forestry involving more than 10 acres of land in any calendar year, other than: routine thinning of woods, cutting of trees for personal firewood for the landowner, Christmas tree farms, orchards, tree nurseries, forestry on state or federally owned land, or tree removal that is necessary to develop approved permitted uses or utilities or soil testing.
(a)
A plan showing the area proposed to be forested and any proposed waterway or wetland crossings and roads shall be submitted to the Township prior to the issuance of a zoning permit. The plan shall show the existing and proposed slopes in areas where logging roads are proposed. The plan shall provide a justification for any clear-cutting of mature forests involving more than 10 acres. The plan shall also show stormwater and erosion control measures, such as filter strips and sedimentation basins.
(b)
A soil and erosion control plan shall be submitted to the County Conservation District for any review they may wish to provide, in addition to any approval that may be required under state law.
(c)
The cutting or removal of more than 50% of the forest cover (canopy) is prohibited within 50 feet from the top of the bank on each side of a perennial waterway and on areas with a natural slope greater than 25%. In such areas, the remaining trees shall be distributed to promote reforestation. Best management practices shall be used to protect water quality and to control erosion and stormwater problems on such areas.
(d)
No tops or slash shall be left on the banks or between the banks of a perennial waterway or within the channel of an intermittent waterway. No tops or slash shall be left within 20 feet of a public street right-of-way.
(e)
It is requested but not required to provide a twenty-foot minimum setback for forestry from a public street right-of-way and from any lot line of adjacent residential property.
(21)
Golf course. A golf course may include a restaurant or clubhouse, provided that such building is located a minimum of 150 feet away from any lot line of an existing dwelling. The maximum impervious area covered by man-made surfaces shall not exceed 5% of the total lot area of the golf course.
(22)
Groundwater or spring water withdrawal averaging more than 100,000 gallons per day from a lot for off-site consumption. (Note: If the water is being utilized for uses on adjacent lots or as part of a public water system, it shall not be considered off-site consumption.)
(a)
The regulations of this § 240-42A(22) shall not apply to water used by a principal agricultural use within the Township or to on-site consumption.
(b)
If the water will be trucked off site, the applicant shall provide a written report by a professional engineer with substantial experience in traffic engineering. Such study shall analyze the suitability of the area street system to accommodate the truck traffic that will be generated.
(c)
If the water will be trucked off site, any area used for loading or unloading of tractor-trailer trucks shall be set back a minimum of 150 feet from any adjacent residential lot.
(d)
Any bottling or processing operations shall be considered a distinct use and shall only be allowed if "food or beverage manufacturing" is an allowed use under § 240-32.
(e)
Any zoning permit is conditioned upon receiving approval, as applicable, from the Delaware River Basin Commission.
(23)
Group homes. Group homes are permitted within a lawful dwelling unit, provided the following additional requirements are met:
(b)
A group home shall not include any use meeting the definition of a "treatment center."
(c)
A group home shall include the housing of a maximum of seven unrelated persons in a single-family detached dwelling and four unrelated persons in any other type of dwelling unit, except:
(d)
The facility shall have adequate trained staff supervision for the number and type of residents. If the staffing of the facility has been approved by a state or county human service agency, then this requirement shall have been deemed to be met.
(e)
The applicant shall provide evidence of any applicable federal, state or county licensing or certification to the Zoning Officer.
(f)
The group home shall register in writing its location, general type of treatment/care, maximum number of residents and sponsoring agency with the Zoning Officer.
(g)
Any medical or counseling services shall be limited to a maximum of three nonresidents per day. Any staff meetings shall be limited to a maximum of five persons at one time.
(i)
If a group home is in a residential district, an appearance shall be maintained that is closely similar to nearby dwellings, and no sign shall identify the use.
(j)
The persons living on site shall function as a common household unit.
(k)
The applicant shall notify the local ambulance and fire services of the presence of the group home and the type of residents.
(l)
An off-street parking space shall be provided for the largest vehicle that serves the use.
(m)
The building shall have lighted exit lights, emergency lighting and interconnected smoke alarms.
(24)
Heliport.
(a)
The applicant shall prove that the heliport has been located and designed to minimize noise nuisances to other properties.
(b)
The Zoning Hearing Board may place conditions on the size of helicopters, frequency of use, fueling facilities, setbacks and hours of operation to minimize nuisances and hazards to other properties. Provided that the conditions do not conflict with safety or federal or state regulations, the Zoning Hearing Board may require that the majority of flights approach from certain directions, and not from other directions that are more likely to create nuisances for residential areas.
(26)
Junkyard (includes automobile salvage yard).
(a)
Storage of garbage or biodegradable material is prohibited, other than what is customarily generated on site and routinely awaiting pickup.
(c)
The site shall contain a minimum of two exterior points of access, each of which is not less than 20 feet in width. One of these accesses may be limited to emergency vehicles. Cleared driveways with a minimum width of 15 feet shall be provided throughout the entire use to allow access by emergency vehicles. Adequate off-street parking areas shall be provided for customers.
(d)
Outdoor storage shall be completely enclosed (except at approved driveway entrances) by a forty-foot-wide buffer yard which complies with § 240-63, unless such storage is not visible from an exterior lot line or street. The initial height of the evergreen planting shall be six feet. Secure fencing with a minimum height of eight feet shall be provided and well maintained around all outdoor storage areas. Such fencing shall be provided inside of the evergreen screening.
(e)
Burning or incineration is prohibited.
(g)
All batteries shall be removed from junk vehicles and properly stored in a suitable area on an impervious and properly drained surface.
(i)
Any storage of junk shall be maintained a minimum distance of 100 feet from the center line of any waterway and shall be kept out of a drainage swale.
(27)
Kennel.
(a)
Minimum lot area: five acres.
(b)
All buildings, structures, enclosures, runs or other areas where dogs will be present must be set back a minimum of 200 feet from any lot line of a property that is not in common ownership. This setback shall be increased to 250 feet from a lot line of an existing dwelling if more than 40 dogs are kept overnight on the lot.
(c)
The applicant shall provide evidence that the facility will be conducted in a manner consistent with state laws and regulations regarding kennels and the keeping of dogs.
(d)
A zoning permit shall be required prior to the construction or expansion of any area used for the keeping of dogs.
(e)
Where existing mature trees will not be preserved, a landscaped buffer yard meeting § 240-63 shall be provided surrounding the kennel, except at driveway entrances. Plantings shall have an initial height of six feet.
(f)
Where necessary to avoid noise nuisances, the Township may require that buildings be air conditioned and/or soundproofed so that sounds generated within the buildings cannot routinely be heard within any principal building on another lot.
(g)
The use of outdoor runs shall be minimized between 9:00 p.m. to 7:00 a.m.
(h)
All animal excrement and other waste shall be disposed of in such a manner as to meet or exceed regulations and/or requirements of the Pennsylvania Department of Health, the Pennsylvania Department of Environmental Protection, and any other governmental agency having jurisdiction thereover, including the Township. If it is necessary for the animal excrement and other waste to be temporarily "stored" at the site while it is awaiting removal and disposal, it must be kept in an enclosed container located not less than 200 feet from any property line, and at least 100 feet upgrade from any watercourse, drainage ditch, or other natural drainage area or body of water.
(28)
Livestock and poultry, raising of.
(a)
Minimum lot area: five acres, except a minimum lot area of 25 acres shall apply for an "intensive raising of livestock or poultry" use.
(b)
Except for an intensive raising of livestock or poultry use, any building or concentrated feeding areas for the keeping of livestock or poultry shall be located a minimum of:
(c)
For an intensive raising of livestock or poultry use, any building or concentrated feeding areas for the keeping of livestock or poultry shall be located a minimum of:
(d)
As a special exception use, the Zoning Hearing Board may approve a smaller setback for the expansion of facilities that existed prior to the adoption of this section where the applicant proves that there is no reasonable and feasible alternative and where the applicant proves that the lesser distance would not be detrimental to public health or safety or create significant hazards or nuisances.
(f)
For a new or expanded raising of livestock or poultry use, evidence shall be provided by the operator/applicant to the Township to show that there will be compliance with procedures and requirements of the State Nutrient Management Act and accompanying state regulations.[5]
(h)
For manure storage facilities that are specifically required to have a setback from lot lines under the State Nutrient Management regulations, that state setback shall apply. For any other manure storage facilities, a 100-foot minimum setback shall apply from all lot lines.
(i)
The following additional requirements shall apply to an intensive raising of livestock or poultry use:
[1]
The applicant shall provide a soil and erosion control plan to the County Conservation District for review and pay their review fees.
[2]
The applicant shall describe in writing or on site plans methods that will be used to address water pollution and insect and odor nuisances. The applicant shall provide a written comparison of proposed methods of controlling insect and odor nuisances and avoiding water pollution to applicable sections of the Pennsylvania Soil and Water Conservation Technical Guide as published by the U.S. Department of Agriculture and the State Department of Environmental Protection's Manure Management Manual for Environmental Protection, or their successor publications. The applicant may meet this requirement by providing a cross-reference to certain sections of such manuals or other written industry standards to describe the methods that will be used.
[3]
The location of the facility is requested to consider prevailing wind patterns as they may affect the nearest existing dwellings.
[4]
An area shall be provided for trucks to turnaround on the property that avoids the need to back out onto a public road.
(29)
Manufactured homes and manufactured home parks. See "mobile/manufactured home" in this section.
(31)
Mineral extraction.
(a)
If a mineral extraction use involves mining activities over more than one acre of land in any calendar year, then the following additional requirements shall be met:
[1]
A fifty-foot-wide yard covered by natural vegetative ground cover (except at approved driveway crossings) shall be required along all exterior lot lines that are within 200 feet of an area of surface excavation.
[a]
The Board of Supervisors may require this yard to include an earth berm with a minimum average height of six feet and an average of one shade tree for each 40 feet of distance along the lot lines. Such shade trees shall be planted outside of any berm and any fence. New trees shall not be required where preserved trees will serve the same purpose.
[b]
The following minimum setbacks shall apply for the surface excavated area of a mineral extraction use and mechanical processing facilities from property that is not owned by the owner or operator of the mineral extraction use, unless a stricter requirement is established or a waiver is granted under state regulations:
[i]
Three hundred feet from the lot line of an occupied dwelling, unless the owner of such dwelling provides a written waiver of the setback.
[c]
Fencing. The Board of Supervisors may require secure fencing in locations where needed to protect public safety. As an alternative, the Board of Supervisors may approve the use of thorny vegetation to discourage public access. Also, warning signs shall be placed around the outer edge of the use.
[d]
A plan shall be submitted showing sequential phases of mining activities on the land.
[e]
A plan shall be submitted showing how dust will be controlled.
(32)
Mobile/manufactured home. Installed on an individual lot or within a mobile/manufactured home park approved after the adoption of this chapter.
(a)
Construction. Any mobile/manufactured home placed on any lot after the adoption of this chapter shall be constructed in accordance with 1976 or later Safety and Construction Standards of the U.S. Department of Housing and Urban Development. (Note: These federal standards supersede local construction codes for the actual construction of the home itself.)
(b)
Each site shall be graded to provide a stable and well-drained area.
(c)
Each home shall have hitch and tires removed.
(d)
Anchoring. A mobile/manufactured home on an individual lot or mobile/manufactured home park shall include a system that properly secures the home to the ground to prevent shifting, overturning or uneven settling of the home. The requirements of the Construction Codes shall apply, in addition to the manufacturer's specifications for installation.
(e)
Foundation treatment. The space between the bottom of the home and the ground and/or home pad shall be enclosed using a durable material.
(33)
Mobile/manufactured home park.
(a)
Plans and permits. Plans shall be submitted and reviewed by the Township for all mobile/manufactured home parks in compliance with the mobile/manufactured home park provisions of Chapter 210, Subdivision and Land Development, and all other provisions of such ordinance that apply to a land development, including the submission, approval and improvements provisions (other than specific provisions altered by this section).
(b)
The minimum tract area shall be three contiguous acres, unless a larger tract area is required by § 240-32 in a particular zoning district. This minimum tract area shall be under single ownership.
(d)
Landscaped perimeter. Each mobile/manufactured home park shall include a twenty-foot-wide landscaped area, including substantial attractive evergreen and deciduous trees around the perimeter of the site, except where such landscaping would obstruct safe sight distances for traffic. A planting plan for such area shall be approved by the Zoning Hearing Board as part of any required special exception use approval. The same area of land may count towards both the landscaped area and the building setback requirements.
(e)
The following setbacks shall apply:
[1]
A dwelling, including any attached accessory building, shall be set back a minimum of 20 feet from another dwelling within the mobile home park, except that unenclosed porches, awnings, accessory buildings and decks may be 15 feet from the walls of another dwelling.
[2]
The minimum separation between homes and edge of interior street cartway or parking court cartway shall be 15 feet.
[3]
The minimum principal and accessory building setbacks from exterior/boundary lot lines and rights-of-way of preexisting public streets shall be 50 feet.
[4]
A minimum of 20% of the total lot area of the entire mobile home park shall be set aside as common open space for the residents. The applicant shall prove that these areas will be suitable for active or passive recreation.
(f)
Each home shall comply with the requirements for mobile/manufactured homes stated in the preceding subsection.
(g)
Streets. Access to individual mobile home spaces shall be from interior parking courts, access drives or private streets and shall not be from public streets exterior to the development.
(h)
Utilities. All units within the mobile home park shall be connected to a central water and a central sewage system. The system shall meet appropriate minimum water pressure/fire flow and hydrant requirements. The applicant shall prove that adequate provisions are made for solid waste disposal.
(34)
Motor vehicle race track.
(a)
All areas used for the racing of motor vehicles and related testing and maintenance shall be set back a minimum of 400 feet from the lot line of an existing dwelling or a residential district boundary. Any improved track used for motorcycles, all terrain vehicles or motor vehicles for commercial purposes shall be set back a minimum of 400 feet from the lot line of an existing dwelling or a residential district boundary.
(b)
All buildings, parking, loading and unloading areas shall be set back a minimum of 150 feet from the lot line of an existing dwelling or a residential district boundary.
(c)
The applicant shall prove that the standards of Article VI will be met, including lighting and dust.
(d)
Minimum lot area: 30 acres.
(e)
All vehicles shall use noise muffling devices with an effectiveness similar to what is achieved with new on-road vehicles.
(f)
For a special exception use, the Zoning Hearing Board may require the installation of sound barriers or berms and/or the planting of additional trees.
(37)
Picnic grove, commercial.
(a)
All buildings, pavilions and areas used for nighttime activities shall be a minimum of 150 feet from an existing dwelling on another lot. All parking areas shall be set back a minimum of 75 feet from any residential lot line. The use shall not operate between the hours of 11:00 p.m. and 7:00 a.m.
(c)
Minimum lot area: three acres.
(38)
Place of worship.
(a)
Minimum lot area: 1.5 acres in a residential district, unless a larger lot area is required by the applicable zoning district. In any other district, a place of worship shall meet the minimum lot area provided in Article III for that district.
(b)
A primary or secondary school and/or a child or adult day-care center may be approved on the same lot as a place of worship provided the requirements for such uses are also met.
(c)
A maximum of one dwelling unit may be accessory to a place of worship on the same lot, to house employees of the place of worship and/or an employee and his/her family. Such dwelling shall meet the maximum number of unrelated persons in the definition of a "family." No other residential use shall be allowed.
(40)
Recreation, outdoor.
(a)
All buildings, pavilions and areas used for nighttime activities shall be a minimum of 100 feet from an existing dwelling on another lot. All parking areas shall be set back a minimum of 20 feet from any residential lot line.
(b)
This term shall not include publicly owned recreation, a golf course, or a motor vehicle race track.
(c)
In a residential district, the minimum lot area shall be 2.5 acres, unless a more restrictive lot area is established by another section of this chapter.
(d)
Maximum impervious coverage in any residential district: 25%.
(e)
Maximum building coverage in any residential district: 15%.
(g)
Where woods exist adjacent to an exterior lot line of the use adjacent to a residential lot line, such woods shall be preserved within at least 20 feet of such lot line, except for approved driveway, utility and trail crossings. Where such woods will not exist, a twenty-foot-wide buffer yard in accordance with § 240-63 shall be required.
(h)
Any restaurant open to the public, tavern, firearms target range, camp, campground, or commercial picnic ground use shall only be allowed if those uses are permitted in the applicable district and if all requirements for each such use(s) are also met.
(41)
Recycling collection center.
(a)
This use shall not be bound by the requirements of a solid waste disposal facility.
(b)
All materials shall be kept in appropriate containers, with appropriate sanitary measures and frequent enough emptying to prevent the attraction of insects or rodents and to avoid fire hazards.
(c)
This use may be a principal or accessory use, including being an accessory use to a commercial use, an industrial use, a public or private primary or secondary school, a place of worship or a county- or municipally owned use, subject to the limitations of this section.
(d)
Materials to be collected shall be of the same character as the following materials: paper, fabric, cardboard, plastic, metal, aluminum, and glass. No garbage shall be stored as part of the use, except for that generated on site and that accidentally collected with the recyclables. Only materials clearly being actively collected for recycling may be stored on site.
(e)
The use shall only include the following operations: collection, sorting, baling, loading, weighing, routine cleaning, and closely similar work. No burning or landfilling shall occur. No mechanical operations shall routinely occur at the site other than operations such as baling of cardboard.
(f)
The use shall not include the collection or processing of motor vehicles or items of similar size.
(42)
Residential conversions. See "conversions of an existing building" within this section.
(44)
School, public or private, primary or secondary.
(a)
Minimum lot area: two acres in a residential district. In any other district, the use shall meet the standard minimum lot area requirement for that district.
(b)
No children's play equipment, basketball courts or illuminated recreation facilities shall be within 25 feet of a residential lot line.
(c)
The use shall not include a dormitory unless specifically permitted in the district.
(45)
Self-storage development.
(a)
Radioactive or highly toxic substances, garbage, refuse, explosives or flammable materials, hazardous substances, animal carcasses or skins, or similar items shall not be stored.
(b)
Nothing shall be stored in a manner that would obstruct interior traffic aisles that are necessary to provide customer and emergency access to each unit.
(c)
Adequate lighting shall be provided for security, but it shall be directed away or shielded from any adjacent residential uses.
(46)
Solid waste transfer facility, solid waste landfill, or solid waste-to-energy facility.
(a)
All solid waste storage, disposal, incineration or processing shall be at least 200 feet from the following: public street right-of-way, exterior lot line, 100-year floodplain, edge of a surface water body (including a water-filled quarry), or wetland of more than 1/2 acre in area.
(b)
All solid waste storage, disposal, incineration or processing shall be a minimum of 500 feet from any residential district, perennial creek, publicly owned park or any existing occupied dwelling that the applicant does not have an agreement to purchase. Any solid waste landfill disposal area shall be set back a minimum of 1,320 feet from any public water supply.
(c)
The use shall be served by a minimum of two paved access roads, each with a minimum cartway width of 24 feet. One of these roads may be restricted to use by emergency vehicles.
(d)
No burning or incineration shall occur, except within an approved waste-to-energy facility.
(e)
The operation and day-to-day maintenance of the solid waste disposal area shall comply with all applicable state and federal regulations as a condition of the continuance of any permit of the Township. Violations of this condition shall also be considered to be violations of this chapter.
(f)
Open dumps and open burning of refuse are prohibited.
(g)
The applicant shall prove to the satisfaction of the Zoning Hearing Board that the existing street network can handle the additional truck traffic, especially without bringing extraordinary numbers of trash-hauling trucks through or alongside existing residential or residentially zoned areas and especially considering the width and slopes of streets/roads in the Township.
(h)
The applicant shall prove to the satisfaction of the Zoning Hearing Board that the use would not routinely create noxious odors off of the tract.
(i)
A chain- link or other approved fence with a minimum height of six feet shall surround active solid waste disposal areas to prevent the scattering of litter and to keep out children, unless the applicant proves to the satisfaction of the Zoning Hearing Board that this is unnecessary. A buffer yard meeting § 240-63 with plantings with an initial height of six feet shall be required between the use and any adjacent public street or dwelling. The Board may also require the installation of earth berms and/or shade trees as needed to reduce the visibility of landfill operations from public streets or dwellings.
(j)
A minimum lot area of 15 acres shall be required for the first 250 tons per day of capacity to treat or dispose of waste, plus one acre for each additional 100 tons per day of capacity. A solid waste facility shall have a maximum total capacity of 500 tons per day.
(k)
Health hazards. Any facility shall be operated in such a manner to prevent the attraction, harborage or breeding of insects, rodents or vectors.
(l)
Attendant. An attendant shall be present during all periods of operation or dumping.
(m)
Gates. Secure gates, fences, earth mounds, and/or dense vegetation shall prevent unauthorized access.
(n)
Emergency access. The operator of the use shall cooperate fully with local emergency services. This should include allowing practice exercises on the site and the provision of all information needed by the emergency services to determine potential hazards. Adequate means of emergency access shall be provided.
(q)
Litter. The operator shall regularly police the area of the facility and surrounding streets to collect litter that may escape from the facility or trucks.
(r)
Dangerous materials. No radioactive, hazardous, chemotherapeutic or infectious materials may be stored, processed, disposed or incinerated. Infectious materials are defined as medical wastes used or created in the treatment of persons or animals with seriously contagious diseases.
(s)
The applicant shall provide sufficient information for the Township to determine that the requirements of this chapter will be met.
(t)
State requirements. Nothing in this chapter is intended to supersede any state requirements. It is the intent of this chapter that when similar issues are regulated on both the Township and state levels, that the stricter requirement shall apply for each aspect, unless it is determined that an individual state regulation preempts Township regulation in a particular aspect. The applicant shall provide the Zoning Officer with a copy of all written materials and plans that are submitted to PADEP at the same time as they are submitted to DEP.
(u)
For a solid-waste-to-energy facility or solid waste transfer facility, all loading and unloading of solid waste shall only occur within an enclosed building, and over an impervious surface drains to a holding tank that is then adequately treated. All solid waste processing and storage shall occur within enclosed buildings or enclosed containers.
(v)
A professional traffic study shall be submitted with the zoning application. The traffic study shall meet the requirements of Chapter 210, Subdivision and Land Development, of this Code, and shall identify intended truck routes into and out of the facility to reach expressways.
(w)
The facility shall have rest rooms for employees and a water supply available for employee safety.
(47)
Stable, nonhousehold. (Includes riding academies; see also "keeping of pets" in § 240-43.)
(a)
Minimum lot area: two acres for the first horse or similar animal, plus one acre for each additional horse or similar animal.
(b)
Any manure storage areas shall be set back a minimum of 100 feet from any lot line of an adjacent dwelling.
(c)
Manure shall be regularly collected and disposed of in a sanitary manner that avoids nuisances to neighbors. Manure shall be stored in a manner that prevents it from being carried off by runoff into a creek.
(48)
Swimming pool, nonhousehold.
(a)
The water surface shall be set back at least 50 feet from any existing dwelling on another lot.
(b)
Minimum lot area: 20,000 square feet.
(c)
The water surface shall be surrounded by a secure, well-maintained fence at least six feet in height.
(d)
Drainage. A proper method shall be provided for drainage of the water from the pool that will not flood other property.
(49)
Target range.
(a)
These regulations apply to firearms target ranges, other than a completely indoor and soundproofed target range. These provisions shall not apply to an area used for occasional target shooting by residents or owners of a lot and up to three occasional invited guests and which has a suitable barrier behind the target shooting area.
(b)
All target ranges shall have a barrier behind the target area which is of sufficient height and thickness to adequately protect the public safety.
(c)
The design of the target range shall be compared by the applicant with applicable published guidelines of the National Rifle Association. The Board of Supervisors may consider such guidelines to be the generally accepted standard for the safety of these facilities.
(d)
A firearms target range and any firing stations shall be located a minimum of 450 feet from any lot line of a dwelling on another lot and 100 feet from any other lot line. Clay pigeon shooting shall be directed away from homes and streets.
(e)
A firearms target range shall be properly posted. The Zoning Hearing Board may require fencing as necessary.
(f)
A target range shall only be used for types of firearms or other weapons for which it was specifically designed. Automatic weapons shall not be used.
(g)
A target range shall not be used after sunset or before sunrise. Maximum hours and days of operation may be established as a condition of the zoning approval.
(h)
Minimum lot area: 10 acres.
(50)
Townhouses and apartments.
(a)
Maximum length and width of an attached grouping of townhouses: 160 feet. Maximum number of apartments that shall be within a building: 12, except no maximum shall apply in a building in which all units are permanently age restricted to at least one resident age 55 and older.
(b)
Paved area setback. All off-street parking spaces, except spaces on driveways immediately in front of a carport or garage entrance, shall be set back a minimum of 10 feet from any dwelling.
(c)
Garages. It is strongly recommended that all Townhouses be designed so that garages and/or carports are not an overly prominent part of the view from public streets. For this reason, parking courts, common garage or carport structures or garages at the rear of dwellings are encouraged instead of individual garages opening onto the front of the building, especially for narrow townhouse units.
(d)
Mailboxes. Any mailboxes provided within the street right-of-way should be clustered together in an orderly and attractive arrangement or structure. Individual freestanding mailboxes of noncoordinated types at the curbside are specifically discouraged.
(e)
Access. Vehicular access points onto all arterial and collector streets shall be minimized to the lowest reasonable number. No townhouse dwelling within a tract of five or more dwelling units shall have its own driveway entering onto an arterial or collector street.
(f)
Common open space. On a tract of more than one acre, a minimum of 15% of the total lot area of the development involving townhouses and apartments and their accessory uses shall be set aside as common open space for the residents. The applicant shall prove that these areas will be suitable for active or passive recreation.
[1]
If a development includes over 30 dwelling units that will not be restricted to at least one resident age 55 and older, then the common open space shall, at a minimum, include a rectangular grass field 50 feet by 150 feet that is suitable for free play by young persons. If all dwellings in a development will be restricted to at least one resident age 55 and older, then the common open space shall at a minimum include landscaped trails that are ADA-accessible.
[2]
A recreation building or pool available to all residents of the development may count towards the open space requirement. Areas with a width of less than 50 feet shall not count towards this requirement. Common open space under this section may be used to meet any recreation requirements under Chapter 210, Subdivision and Land Development, if the land would meet both ordinances.
(51)
Treatment center.
(b)
The applicant shall provide a written description of all conditions (such as criminal parolees, alcohol addiction) that will cause persons to occupy the use during the life the permit. Any future additions to this list shall require an additional conditional use approval.
(c)
The applicant shall prove to the satisfaction of the Board of Supervisors that the use will involve adequate on-site supervision and security measures to protect public safety.
(d)
The Board of Supervisors may place conditions upon the use to protect public safety, such as conditions on the types of residents and security measures.
(e)
If the use involves five or more residents, a suitable recreation area shall be provided that is supervised by the center's staff.
(52)
Trucking company terminal, warehousing, storage or distribution center as a principal use of the lot.
(a)
Where conditional use is required, then as a condition of conditional use approval, the Board of Supervisors may require additional earth berming, setbacks, landscaping and lighting controls as they determine to be necessary to provide compatibility with nearby dwellings. These measures shall be designed to minimize glare, noise and other nuisances upon dwellings.
(b)
The subject property shall have vehicle access to a street that is improved to be able to handle the anticipated amounts and types of truck traffic, without using a Township-owned local street/road that existed at the time of enactment of this amendment. Where conditional use approval is required, a professional traffic study shall be submitted, and shall include proposed measures to address traffic safety, road alignment, and road construction matters, as well as proving that sufficient room is allowed on-site for truck movements and for emergency vehicles. Any traffic impact study shall consider the cumulative impact of all proposed development in the vicinity. A new road or driveway serving an approved industrial use may cross a commercial zoning district, if needed for access onto an arterial street (such as Pa. Route 903).
(c)
The facility shall provide sufficiently long on-site stacking lanes and on-site loading and unloading areas so that trucks waiting to be loaded and unloaded will not back up beyond the lot lines.
(d)
Any gates or other barriers shall be set back and arranged to prevent vehicle backups onto adjacent streets during peak arrival periods.
(e)
Major commercial truck repair and commercial truck fueling shall not be allowed unless the uses are separately approved and the requirements for each use are met. This provision shall not restrict: (1) repair and fueling of forklifts and similar off-road equipment; and (2) emergency repair of vehicles.
(f)
Any on-site vehicle fueling facilities shall be reviewed in advance by a Township Fire Official, and the applicant shall provide evidence of compliance with federal and state environmental protection regulations for the facilities prior to receiving a construction and/or building permit.
(g)
If the facility involves on-site refueling or outdoor area used for hazardous substances operations, it shall include sufficient containment measures to contain an accidental spill, such as fuel facilities being located over an impervious surface that drains to a containment tank.
(h)
The outdoor storage of motor vehicles or trailers that do not display a current state license is prohibited. A trailer designed to be part of a tractor-trailer combination shall not be stored continuously on-site for more than 60 days.
(i)
Any outdoor loudspeaker system shall be designed and operated so that the noise is not heard at the lot line of a lot including an existing dwelling or residential district, except during an emergency.
(j)
The operator of the facility shall enforce state regulations on maximum idling time limit for trucks (See 35 P.S. § 4601 et seq.), and shall post signs to make drivers aware of the time limit. Electrical hookups for trucks should be provided to reduce the need to idle truck engines.
(k)
If the building or truck parking or loading areas will be abutting or across a road/street from a lot, including an existing dwelling or a residential district or will abut a public road or highway, then the following planting requirements shall apply in place of other Township landscaping requirements along that side of the property. The buffering shall achieve a minimum opacity of 80% in both the winter and the summer at a minimum height when planted of eight feet. The plantings shall include staggered rows of plantings including evergreen trees with an average spacing of 10 feet apart on center and deciduous trees with an average spacing of 25 feet apart on center. The deciduous trees shall be a species with a minimum mature height of 20 feet. A minimum of 75% of the required plantings shall be evergreens. Required landscaping shall be primarily comprised of species that are native to the Middle Atlantic states, and a mix of different species shall be used.
(l)
If truck parking, truck driveways or truck loading areas are located within 500 feet of an existing dwelling or a residential zoning district, then a 100-foot-wide buffer yard shall be provided with a landscaped earth berm on the side of the lot that faces the dwelling or residential district. The berm shall have a minimum height of six feet, and shall have a maximum 3:1 side slope on the nonindustrial side. The industrial side may be a retaining wall or a more steep slope provided the slope is stable. The residential side of the berm shall include a vegetative ground cover and evergreen trees that are spaced an average of 10 feet apart. The same evergreens may be used to meet Subsection A(52)(k) and (l), provided both sets of requirements are met.
(m)
A truck parking area shall be provided that allows trucks to wait on the lot until they are directed to unload, and that allows truck drivers that are serving the facility to stop if they need a mandatory rest period. The drivers shall be provided access to a rest room, water and trash receptacles. This parking area shall be open during all hours during which there is a reasonable need for the parking, including being open 24 hours a day on days when the facility conducts loading and unloading operations during more than 12 hours per day.
(n)
If conditional use approval is required, and the truck parking, truck driveways or truck loading areas will be within 1,000 feet of an existing dwelling or a residential zoning district, then a professional acoustics study shall be provided by the applicant showing projected noise impacts upon the dwelling or district. The applicant shall provide sufficient setbacks, buffering, acoustic barriers, berming or other noise control measures to result in a maximum A-weighted noise level of 50 dB(A) between 9:00 p.m. and 7:00 a.m. and 58 dB(A) during other hours. The maximum noise level shall be based upon the LMax standard. The noise level shall be measured at the subject lot line.
(o)
If conditional use approval is required, the applicant shall provide a lighting study showing that the nighttime spillover illumination from the property does not exceed 0.5 footcandle, measured at the lot line of an existing dwelling or residential district.
(53)
Veterinarian office (includes animal hospital).
(a)
Any structure in which animals are treated or housed shall be a minimum of 30 feet from any lot line of an existing dwelling on another lot, unless the building is completely soundproofed and air conditioned.
(b)
Animals undergoing treatment may be kept as an accessory use. However, a commercial kennel shall only be allowed if a kennel is permitted in that district and if the applicable requirements are met.
(54)
Wind turbines, other than is allowed for wind turbine as an accessory use by § 240-43. (This section regulates, among other items, a wind turbine as a principal use or, in most cases, two or more wind turbines per lot.)
(a)
Purposes. These provisions are intended to provide compatibility between wind turbines and adjacent uses by establishing substantial setbacks and controls on noise, shadow flicker and other adverse effects, as well as to minimize potential hazards.
(b)
Residential lot. For the purposes of this § 240-42A(54), the term "residential lot" shall mean:
(c)
Setbacks and maximum height. The wind turbine shall be set back from the lot line of a residential lot a distance not less than four times the maximum height to the top of the maximum sweep of the blade of the turbine, unless a written waiver is provided by the owner of such lot. The turbine height shall be the measured from the ground level. The setback shall be measured from the base of the turbine to the nearest lot line.
[1]
Unless a larger setback is required by another provision of this section, all wind turbines shall be set back from each lot line and each street right-of-way a minimum distance equal to 1.1 times the total height to the top of the maximum sweep of the blade of the turbine. However, a setback from a lot line may be reduced if a written waiver is provided by the owner of such adjacent lot.
[2]
Unless a larger setback is required by another provision of this section, if a wind turbine has a total height to the top of the maximum sweep of the blade of the turbine of greater than 250 feet above the adjacent ground level, it shall have a minimum setback from a residential lot of 1,500 feet.
[3]
The maximum height to the top of the maximum sweep of the blade of a wind turbine above the adjacent ground level shall be 350 feet.
(d)
Waterway setbacks. The base of any wind turbine shall be set back the following minimum distances:
(e)
Removal. The owner of wind turbines shall completely remove all aboveground structures and all below-ground improvements that are less than three feet below the ground level within nine months after any wind turbine(s) are no longer used to generate electricity. If the owner of the wind turbines fails to complete the removal, then the Board of Supervisors may require that the landowner accomplish the removal. Upon the request of either the owner of the wind turbines or the landowner, this time limit may be extended to a total of 12 months by the Board of Supervisors if the owner is showing a good-faith effort to comply. Driveways shall be removed and disturbed earth shall be reseeded, unless the applicant provides evidence in writing to the Board of Supervisors that a particular feature is needed to serve a new approved use.
[1]
The wind turbines(s), the below-ground improvements and the driveways to be removed shall be collectively referred to as "items subject to removal."
[2]
Prior to the issuance of a building permit to construct the items subject to removal, the owner of the turbines shall obtain and deliver to the Township a letter of credit or similar financial assurance acceptable to the Township to secure performance of the owner's obligation to remove the items subject to removal. This financial assurance shall be known as the "removal bond."
[3]
The removal bond shall be equal in value to 110% of the estimated amount of the costs to remove the items subject to removal. The owner shall reevaluate the amount of the removal bond at least once every five years after the initial estimate was submitted to the Township. A copy of the revised evaluation shall be submitted in writing to the Township. The estimates of the costs shall be provided by an independent licensed professional engineer, with the costs of the evaluation paid by the owner. The qualifications of such person(s) who will complete the estimate shall be provided in writing in advance to the Board of Supervisors, and shall be subject to acceptance by the Board of Supervisors, provided such acceptance shall not be unreasonably withheld.
[4]
If a Township Municipal Code Official has reason to believe that a wind turbine has become a safety hazard, the Municipal Code Official shall send an order in writing to the owner of the wind turbine to require the owner to provide evidence within seven days that the wind turbine is safe, or is actively being repaired to become safe. If the Municipal Code Official determines that insufficient efforts are being made by the owner in a timely manner to resolve safety hazards, the Municipal Code Official may require that the wind turbine be removed within a reasonable maximum period of time stated in writing by the Municipal Code Official, considering the severity of the hazard.
(f)
Minimum height. The minimum height of the lowest position of the wind rotor shall be 25 feet above the ground. Wind turbines shall not be climbable for at least the first 12 feet above the ground level.
(g)
Codes. The wind turbine and its installation shall meet applicable regulations of the Uniform Construction Code[7] and the National Electrical Code. The safety features of the wind turbine shall be certified by the Underwriters Laboratory or an equivalent independent organization. Any new electrical wiring shall be underground, to the maximum extent feasible.
(h)
Standards. The design of the wind turbines and related on-site facilities shall conform to applicable written industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanishcer Lloyd Wind Energies, or other similar independent certification organizations.
(i)
High winds. Wind turbines shall be equipped with a redundant braking system to address high winds. This shall include both aerodynamic overspeed controls (including variable pitch, tip and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.
(j)
Colors. The color of the wind turbine should be nonobtrusive, such as white, off-white or gray, unless the applicant shows that an alternative is necessary to reduce hazards to birds and bats.
(k)
Lighting and FAA approval. Wind turbines shall meet any lighting requirements of the Federal Aviation Administration (FAA). Any other exterior lighting visible from beyond the property, other than security lighting, shall be described on the plans and be subject to approval by the Zoning Hearing Board. The applicant shall provide evidence of the successful completion of FAA review and issuance of any required FAA approval prior to receiving building permits.
(l)
Signs. Wind turbines shall not display any advertising, except for a single sign of up to five square feet to identify the manufacturer. Safety warning signs and emergency contact information signs may also be displayed.
(m)
Warning sign. At least one warning sign shall be placed near any electrical transformer or substation.
(n)
Guy wires. If guy wires are used, and they are not within a fence, they shall be marked near their base with reflectors, flags, reflective tape or similar method.
(o)
Interference. The applicant shall make reasonable efforts to avoid any disruption or loss of radio, telephone or similar signals and shall mitigate any such harm caused by the wind turbines. For example, the applicant may be required to provide a resident with an alternative method of receiving television signals if there is significant interference.
(p)
Support facilities. Accessory electrical facilities are allowed, such as a transformer or mechanical buildings, provided they meet principal building setbacks. In addition, an accessory building may house necessary maintenance and safety equipment, provided it is set back a minimum of 200 feet from any exterior lot line. Landscaped visual screening shall surround any buildings or electrical substations, except at a driveway crossing. Such screening shall primarily include evergreen trees with an initial height of six feet. Such planting shall be outside of any fence around such buildings or electrical substations.
(q)
Forest preservation. The site plan shall show proposed driveways, turbines and areas of woods proposed to be cleared or preserved. The delineation of areas of woods to be cleared or preserved shall be binding upon the project, unless a revised plan is later submitted for approval. The applicant shall show that the clearance of woods has been held to a reasonable minimum, and in no case shall there be clearance of more than 10% of the total woodland area on the tract for the use.
(r)
Noise. The audible sound from the wind turbine(s) shall not exceed 45 A-weighted decibels, and shall also not exceed 45 C-weighted decibels, as each is measured at the lot line of a residential lot, unless a written waiver is provided by the owner of such dwelling. This requirement shall be a maximum noise level using a Lmax standard, and not based upon an average. The modeling of noise shall follow published standards for precision of the American Wind Energy Association.
[1]
The above maximum noise limits shall be reduced to 42 A-weighted and 42 C-weighted decibels between the hours of 10:00 p.m. and 7:00 a.m. However, the noise limits shall not be reduced below 45 decibels where the applicant provides evidence that the current continuous background (ambient) sound level without the wind turbines would be higher than 42 decibels.
[2]
All required noise studies and testing shall be completed by a qualified independent professional specializing in noise analysis. The qualifications of the person(s) conducting the analysis shall be included in the special exception application. ANSI standards shall be used for calibration of the noise meter.
[3]
With the special exception application, the applicant shall provide a written noise study that projects the maximum sound levels at the nearest five dwellings, and that recommends measures that may be used as conditions by the Zoning Hearing Board to minimize noise impacts. The noise study shall document compliance with the A- and C-weighted decibels level requirements of this section.
[4]
The applicant shall provide an independent written test of actual noise produced by the project upon completion, and every two subsequent years after the project is completed, to document compliance with the noise standards in this section. If the project will involve more than 10 total wind turbines, then the noise study shall also be completed after each 10 wind turbines are put into service. If the testing finds that the noise levels in this section are being violated, then the owner of the wind turbines shall immediately take the wind turbine(s) out of service until such modifications, replacements, or repairs are made to the wind turbine(s) as are required or necessary to make them comply with the noise levels of this section.
[5]
In addition to the noise studies provided above, at any time when the Zoning Officer has reasonable cause to believe that the noise limits of this chapter are being violated, the Zoning Officer may request that the Township or its authorized agents conduct its own tests to ascertain compliance with the noise limits. If the tests do not find a violation, then the Township shall be responsible to pay for the costs of such Township-sponsored tests.
[6]
If the Township institutes an enforcement action because of a violation of the noise limits, and if the owner is found liable for the violation in a civil enforcement proceeding, then in addition to any other rights or remedies available to the Township, the judgment shall require the owner of the project to pay all of the Township's reasonable costs and expenses to prove noncompliance with the noise requirements, including the tests to determine the noise levels. Such costs shall be paid within 30 days by the owner of the project after the final judgment. In the event the owner does not pay such costs within 30 days, the Township may pursue appropriate remedies at law or equity to recover such costs and expenses from the owner, including placing a municipal lien against the property upon which the project is located.
(s)
Land development approval. "Land development" approval shall be needed for the installation of two or more wind turbines.
(t)
Hydrogeologic. If a cumulative total of two or more wind turbines are planned to be installed on any lot existing on the effective date of this amendment, including any new lot which may be created from an existing lot by subdivision or otherwise after the effective date of this amendment, the applicant shall provide a hydrogeologic study by a qualified professional. Such study shall consider impacts of the project upon groundwater recharge, adjacent water supplies and water quality, and include recommendations for conditions that may be established by the Zoning Hearing Board to minimize negative impacts. While it is recognized that a municipality does not have the authority to regulate blasting operations, the hydrogeologic study shall also consider potential impacts of blasting upon groundwater supplies and wetlands.
(u)
Birds and bats. If a cumulative total of two or more wind turbines are planned to be installed on any lot existing on the effective date of this amendment, including any new lot which may be created from an existing lot by subdivision or otherwise after the effective date of this amendment, the applicant shall provide an analysis of the impacts of the project upon birds and bats, by a qualified professional. Such study shall include recommendations for conditions that may be established by the Zoning Hearing Board to minimize negative impacts.
(v)
Shadow flicker. The applicant shall provide an analysis with a map of the shadow flicker impacts of the project upon any dwellings that will be impacted by this effect. The analysis shall be conducted by a qualified professional using generally accepted modeling methods, and shall estimate the number of hours per year that dwellings will be impacted by shadow flickering. No lot line of a lot occupied by a dwelling and no outdoor recreation field, outdoor recreation court or outdoor playground within a public park or homeowner association recreation area shall be affected by shadow flicker for a total of more than 20 hours per year, and no more than 30 total minutes per day. This requirement shall only apply to dwellings and recreational facilities that existed at the time of submission of initial site plans to the Township. Such analysis shall include recommendations for conditions that may be established by the Zoning Hearing Board to minimize the number of affected dwellings or recreational facilities, the hours affected and the severity of the impacts from shadow flicker. This provision shall not apply to a dwelling or recreational facility if a written and signed waiver is provided by the owner of an affected property.
[1]
In addition to the analysis provided above, at any time when the Zoning Officer has reasonable cause to believe that the shadow flicker is in violation of this subsection, the Zoning Officer may request that the Township or its authorized agents conduct its own tests to ascertain compliance with the shadow flicker provisions of this subsection. If the tests do not find a violation, then the Township shall be responsible to pay for the costs of such Township-sponsored tests.
[2]
If the Township institutes an enforcement action because of a violation of this subsection, and if the owner is found liable for the violation in a civil enforcement proceeding, then in addition to any other rights or remedies available to the Township, the judgement shall require the owner of the project to pay all of the Township's reasonable costs and expenses to prove noncompliance with the shadow flicker requirements, including the tests to determine the amount/times of shadow flicker. Such costs shall be paid within 30 days by the owner of the project after the final judgement. In the event the owner does not pay such costs within 30 days, the Township may pursue appropriate remedies at law or equity to recover such costs and expenses from the owner, including placing a municipal lien against the property upon which the project is located.
(w)
Traffic. The applicant shall submit a traffic study, which shall identify the public roads to be used for the construction, operation or maintenance of the wind turbine project, and which analyzes how such traffic will be safely accommodated on public roads, considering the length and weight of truck loads, the weight limits of bridges, the geometry of intersections and the slope of roads. The applicant shall have the burden of proof of showing that the route will be able to safely accommodate the traffic without creating hazards or damage to roads or bridges.
[1]
The Penn Forest Township Engineer, or a qualified third-party engineer hired by Penn Forest Township and paid for by the applicant, shall document road conditions prior to construction. Such engineer shall document road conditions again within 30 days after construction is complete, or as weather permits.
[2]
Penn Forest Township may bond the road in compliance with state regulations.
[3]
Any road damage caused by the applicant or its contractors shall be promptly repaired at the applicant's expense.
[4]
The applicant shall demonstrate that it has appropriate financial resources to ensure prompt repair of damaged roads.
(x)
Emergencies. The applicant shall submit an emergency response plan, which shall address matters such as firefighting. The emergency response plan shall be submitted to local fire officials for comment, and shall be found to be acceptable by the Zoning Hearing Board. The Zoning Hearing Board may establish reasonable conditions to address fire hazards. The applicant shall offer to provide training to local emergency responders in the proper response to on-site hazards, at no cost to the Township. If locked gates control access to the property, Township fire officials shall be provided with keys, security codes or similar methods to access the property in an emergency.
[1]
The owner of the turbines shall prepare and submit a spill prevention and control program. Sufficient equipment shall be kept on-site to contain reasonably expected spills from the turbines into the groundwater or surface waters, or such equipment shall be funded as necessary by the applicant if it will be maintained by one or more emergency service providers in the vicinity.
(y)
Lightning and fire hazards. The project shall include suitable measures to reduce hazards from lightning strikes and other fire hazards. Examples of these types of measures may include, but are not limited to: use of noncombustible oils, heat barriers around combustible materials, smoke fire detection systems inside the turbines, and/or fire-suppression systems. Those measures shall be described in writing as part of the application, and may be made a condition of approval.
(z)
Property values. If a cumulative total of two or more wind turbines are planned to be installed on any lot existing on the effective date of this amendment, including any new lot which may be created from any existing lot by subdivision or otherwise after the effective date of this amendment, the applicant shall submit an analysis by a qualified appraiser of the actual impacts upon residential property values of a similar set of wind turbines in a mostly rural community within the United States.
[1]
Such analysis shall compare changes in property values of impacted dwellings to changes in property values of nonimpacted dwellings over the same time period. Properties within a one-mile radius of a wind farm shall be considered, as well as properties outside that radius. The study shall be completed by an appraiser who has an active MAI, SRA or SRPA certification from the Appraisal Institute. The appraiser must also have a Pennsylvania appraiser license. Such analysis shall include recommendations for conditions that may be established by the Zoning Hearing Board to minimize the impact upon residential property values.
(aa)
Ice hazards. The Zoning Hearing Board may place conditions upon an approval to address ice throw hazards, such as requiring mechanisms to sense heavy ice buildup, and which allow remote-controlled or automatic shutdown of turbine blades.
(bb)
Visual analysis. The applicant shall present an analysis of the visual impacts of the project. This analysis shall accurately illustrate the visual impact from five different locations, as viewed from two public roads and from three dwellings in various areas that will experience the greatest impacts. Additionally, the applicant shall present to the Zoning Hearing Board a three-dimensional computer-generated surface model that accurately depicts the wind turbines in proper scale and location in relationship to the surrounding terrain. No less than five viewpoints, at such locations as may be determined by the Zoning Hearing Board, shall be presented.
(cc)
Expert credentials. The qualifications of experts who provide information or testimony regarding compliance with technical standards of this section shall be provided to the Zoning Officer and the Zoning Hearing Board. The Zoning Hearing Board shall have the authority to determine the credibility of the testimony and reports of various experts and may weigh the value of the testimony and reports as a result.
(dd)
Fencing and security. The applicant shall show the locations and describe the height and materials of the fencing that is proposed. The Zoning Hearing Board may require additional fencing of up to eight feet height enclosing the individual wind turbines and related equipment as a condition, if determined to be needed for security reasons. Elevator doors servicing wind turbines shall have secure locks.
(ee)
Inspections. The owner of the wind turbines shall engage a professional engineer to inspect the wind turbines to ensure they are structurally sound and operating properly. If the inspection report recommends that repairs or maintenance be completed, the owner of the wind turbines shall provide a written schedule to the Township for completion of the work. Such inspections shall occur a minimum of once every two years after a wind turbine becomes operational. A copy of the inspection report shall be provided in writing to the Township.
(ff)
Electrical setbacks. Each wind turbine shall be set back a minimum distance of 1.1 times the total height to the top of the maximum sweep of the blade of the turbine from any aboveground electric power line, telecommunications line or pole or tower that supports such line. This requirement shall not apply for a line that may be approved to be connected to a turbine and that would not adversely affect other customers if the line was damaged.
(gg)
Ridgetops. Where practical and feasible considering wind conditions and topography, and where other alternatives exist, the applicant shall show that they have worked to minimize the number of wind turbines placed along the tops of the most visually prominent ridgelines, as viewed from public roads and existing dwellings.
(hh)
Insurance. During all times of on-site construction and operation and until completion of removal, the owner of the wind turbines shall maintain a current general liability insurance policy covering bodily injury and property damage, with a minimum limit of $1 million per occurrence and $2 million in the aggregate. Certificates shall be made available to the Board of Supervisors of Penn Forest Township upon request.
(ii)
Complaints. The operator shall publicize the phone number, mailing address and email address of a specific contact person who is authorized to receive complaints and questions from neighbors and Township officials on behalf of the operator. Such information shall be sent by first-class mail to all property owners of lots within 300 feet of the exterior lot line of any lot on which wind turbines are located. Such mailing shall occur prior to commencing of operations and at any subsequent time when the phone number, mailing address or email address may change. Such person or their designee shall regularly respond to such complaints and questions.
(jj)
Natural diversity. The applicant shall complete a Pennsylvania Natural Diversity Inventory search for the affected land areas and submit the results of that search and any follow-up written communications from state or federal agencies on the matter to the Zoning Hearing Board.
(55)
Short-term rental. Short-term rental shall be a use permitted in all zoning districts subject to compliance with the following restrictions, proof of which must be submitted to the Zoning Officer prior to the issuance of a zoning permit:
(b)
Meals. Meals shall not be provided to overnight guests of the establishment.
(c)
Sewage disposal and occupancy. Sewage disposal meeting the requirements of the Township and PA Department of Environmental Protection shall be provided. Occupancy shall be limited by the capacity of the sewage disposal system.
(d)
Parking. There shall be at least one off-street parking space (located on the same premises as the short-term rental use) for each bedroom.
(e)
PA Uniform Construction Code and Short-Term Rentals Ordinance. All short-term rentals shall comply with PA Uniform Construction Code,[9] as amended, and, the Short-Terms Rentals Ordinance, as amended. To the extent there is any conflict between the requirements of the PA Uniform Construction Code and the Short-Term Rentals Ordinance,[10] whichever provides for stricter or greater requirements shall control.
(f)
Information required. In addition to the other information required by this chapter, this applicant shall include with the application:
[1]
The name, address, telephone number and email address of the owner of the short-term rental for which the permit is issued. If the owner is the contact person, then owner shall provide a twenty-four-hour telephone number.
[2]
The name, address, and twenty-four-hour telephone number of the contact person, if the owner is not the contact person.
[3]
The number of bedrooms and the maximum number of overnight occupants.
[4]
If the building is a twin dwelling, townhouse, row house, or apartment building, the number of dwelling units and the number of dwelling units being used as a short-term rental.
[5]
A diagram or photograph of the premises showing and indicating the number and location of designated on-site parking spaces and the maximum number of vehicles allowed for overnight occupants.
[6]
Copy of a current Carbon County Hotel Room Excise Tax Certificate and current Pennsylvania Sales Tax License.
(56)
Principal solar energy facility.
(a)
Applicability.
[1]
This § 240-42A(56) applies to any principal solar energy facility (PSEF) proposed to be constructed, installed, operated, or decommissioned after the effective date of this ordinance.
[2]
Any upgrade, modification, or structural change that materially alters the size or placement of an existing PSEF or its solar energy system(s) shall comply with the provisions of this § 240-42A(56).
(b)
Use regulations.
[1]
A PSEF shall be permitted in the I-1 General Industrial and C1-A Highway Commercial A districts as a conditional use in accordance with this § 240-42A(56) and § 240-23, Conditional use process.
(c)
Area and bulk regulations. A PSEF shall comply with the following area and bulk requirements:
Minimum lot area | 5 acres |
Minimum front, side and rear yard setback from nearest property line for perimeter fence | 50 feet |
Minimum front, side and rear yard setback from nearest property line for solar panels and their mounting equipment except as provided below | 75 feet |
Minimum front, side and rear yard setback from nearest property line for principal and accessory buildings and/or structures (including parking facilities and other structures containing or attached with equipment which cause sound, vibration, and/or emission, including, but not limited to, odor, smoke, vapor, gas, heat, dust, dirt, air pollution of any kind, EMF, wired and wireless communications interference, light or glare1) except as otherwise provided herein | 150 feet |
Maximum solar panel height | 15 feet |
Maximum building, structure and/or appurtenance height | 15 feet |
Maximum lot coverage2 | 60% |
NOTES: | |
|---|---|
1 | In no case shall any sound, vibration, and/or emission of any kind from a PSEF occur beyond the PSEF property lines. |
2 | Maximum lot coverage for the purpose of this section shall be defined as the maximum percentage obtained by dividing the total impervious surface area, including the ground floor area of all principal and accessory buildings, the area of any paved road or other surface, and the cumulative surface area of solar panels regardless of the mounted angle, on the lot, by the total area of the lot upon which the buildings, roads, surfaces, and solar panels are located. |
(d)
General standards. The following standards shall apply to a PSEF:
[1]
Native grasses and/or other native perennial vegetation shall be planted and maintained below and between ground-mounted solar panels, modules and/or arrays at a density sufficient to resist erosion and sedimentation, unless other ground cover is required by state or federal agency or recommended by the Township Engineer or registered landscape architect, or other consultant and approved by the Board of Supervisors. The applicant shall detail the type of vegetation and its maintenance to ensure continuous ground cover, soil stabilization and minimized risk of a fire hazard.
[2]
The PSEF and its solar related equipment, principal and accessory buildings and structures, and parking facilities shall be enclosed by perimeter chain-link fencing, and/or other fencing required by state or federal agency, and an access gate(s) at a height between eight and nine feet for the purpose of restricting unauthorized access. Such fencing shall be green poly-coated and shall not include barbed wire or similar product unless otherwise required by a state or federal agency.
[3]
Within 20 feet outside the perimeter fencing stated above, the initial row of two staggered rows of eight-foot tall deer-resistant evergreen trees at initial planting shall be planted with trees in each row spaced at a maximum of 20 feet on center. The staggered rows of evergreens shall provide an immediate visual screen of the PSEF and evergreen tree spacing in each row shall ensure closure between trees at maturity, except at the access gate(s).
[4]
A compacted stone and/or paved perimeter road to serve as a firebreak, of material, depth and width satisfactory to the Township Engineer and Fire Chief, and approved by the Board of Supervisors, shall be located between the perimeter fencing stated above and the solar related equipment, within the applicable front, side and rear yard setbacks for solar related equipment. An alternative method of providing PSEF perimeter fire protection may be proposed by the PSEF owner and/or operator and may be approved by the Board of Supervisors upon recommendation by the Township Engineer and Fire Chief.
[5]
Access roads and parking areas within the PSEF shall be compacted stone and/or of a paved material, of depth and width satisfactory to the Township Engineer and approved by the Board of Supervisors.
[6]
The PSEF shall be designed and constructed so that ground leveling is limited to those areas needed for installation of PSEF land development improvements and solar related equipment so that the natural ground contour is preserved to the greatest extent practical. Any earth disturbance shall, at a minimum, require an erosion and sedimentation control plan approved by the Carbon County Conservation District. Such earth disturbances in conjunction with a site alteration or land development shall meet the applicable sections of this Chapter; Chapter 210, Subdivision and Land Development Ordinance; and all other requirements of the Penn Forest Township Code; as may be amended.
[7]
Environmentally sensitive areas shall be preserved to the maximum extent possible, in accordance with Article VI and all other applicable requirements of the Penn Forest Township Code.
[8]
The manufacturer's or installer's identification and appropriate warning signage not greater than three square feet each, or the minimum square footage signage allowed by applicable code, state or federal agency, shall be posted on the access gate(s) and/or perimeter fencing as required by applicable regulations. Except as provided herein, a PSEF shall not display signage of any kind, including, but not limited to, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials.
[9]
All on-site utility lines shall be placed underground unless otherwise approved by the Board of Supervisors. The conditional use site plan and land development plan shall clearly depict where all underground and above-ground utility lines are proposed.
[10]
Solar panels shall be placed such that concentrated solar radiation (e.g., light, heat, EMF and/or communications interference) or glare shall not be directed onto other properties, roadways or other areas accessible to the public. The PSEF owner and/or operator has the burden of proving that any solar radiation or glare produced does not adversely impact upon other properties, aircraft, flying species, and/or adjacent uses either through siting or mitigation. The PSEF owner and/or operator shall be responsible to mitigate any adverse solar radiation or glare impacts, as determined by the Township Engineer or other consultant, prior to issuance of a certificate of occupancy and/or after issuance of a certificate of occupancy.
[11]
Solar panels shall not be placed in the vicinity of any airport in a manner that would interfere with airport flight patterns. Acknowledgement of same from the Federal Aviation Administration, Pennsylvania Bureau of Aviation, or other agency or entity, may be necessary at the discretion of the Board of Supervisors.
[12]
The layout, design, construction, operation, and maintenance of the PSEF 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, or more stringent standards required by state and/or federal agencies. All applicable building permits shall be obtained for the PSEF and its solar energy system(s) per the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999, 35 P.S. § 7210.101 et seq., as amended, and applicable regulations adopted by the Department of Labor and Industry. All wiring shall comply with the applicable version of the National Electric Code (NEC). The local utility provider shall be contacted to determine grid interconnection and net metering policies.
[13]
The PSEF and its solar energy system(s) shall be designed and operated to protect public safety including development and implementation of a plan of operating procedures to prevent public access inside the PSEF, including, but not limited to, security cameras and security lighting shielded to prevent glare and spillover onto adjacent properties. A PSEF Emergency Operations Plan (EOP) shall be provided to the Township, Fire Chief, and Township Emergency Management Coordinator prior to issuance of a certificate of occupancy. The EOP shall provide specific instructions for fire protection and handling and disposing of hazardous materials contained in and/or released from solar related equipment. No solar related equipment and/or hazardous materials shall be buried on site or disposed of in violation of local, state or federal regulations.
[14]
A PSEF shall not be constructed until all applicable building and zoning permits have been issued, all approvals have been secured and security has been provided for the installation of PSEF land development improvements and decommissioning. Prior to issuance of a certificate of occupancy and operation of the PSEF, the PSEF owner and/or operator shall provide the Township with copies all applicable regulatory permits and approvals to operate the PSEF.
[15]
Township roads shall not be used for parking or staging of construction-related or delivery vehicles during installation and/or decommissioning of the PSEF.
[16]
The Township shall be notified in writing within 30 days of a change in: (1) PSEF ownership, (2) PSEF operator and/or (3) owner of land upon which the PSEF is located, and the Township shall be provided with contact name(s), address(es), phone number(s), email addresses(es), and emergency contact information. The PSEF owner and/or operator shall maintain a phone number and email address, and shall identify a person responsible for the Township to contact with inquiries and complaints throughout the life of the project and shall provide this number and name to the Township.
[17]
The PSEF owner and/or operator shall repair, maintain and replace the facility and related solar equipment during the term of the facility's use in a manner consistent with industry standards as needed to keep the facility safe and in good repair and operating condition. Maintenance and cleaning of photovoltaic panels or heliostats shall include chemicals or solvents low in volatile organic compounds and the facility operator shall use recyclable or biodegradable products to the extent possible.
[18]
If a PSEF or any of its solar energy system(s) or components are deemed to be a public safety hazard by a Code Enforcement Officer, Building Code Official, Township Engineer, other consultant, or state or federal agency, the PSEF owner and/or operator, after written notice by any of the entities stated above, shall be responsible for making immediate repairs or removal of the condition causing such hazard. If the PSEF owner or operator fails to make immediate repairs or remove said conditions, Penn Forest Township shall have the option to pursue reasonable hazard mitigation measures at the PSEF owner's expense without further notice to the PSEF owner or operator.
[19]
An annual inspection report prepared by an independent professional engineer licensed in the Commonwealth of Pennsylvania shall be submitted to the Township not later than 30 days following each anniversary of the date on which the PSEF commenced operation. The inspection report shall certify the structural soundness, proper operation of the facility, consistency with the conditional use decision conditions, and consistency with the approved land development plan. The requirement to submit the annual report shall be such that it shall be required even if not specifically included in or as part of a conditional use decision.
(e)
Solar access.
[1]
Prior to the issuance of a zoning permit, the PSEF owner or applicant shall acknowledge in writing that the issuing of said permit shall not and does not create in the landowner, 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.
[2]
Solar easements.
[a]
Solar easements may be obtained by the PSEF owner and/or operator. It shall be the responsibility of the PSEF owner and/or operator to obtain any solar easements necessary to guarantee unobstructed solar access by separate agreement(s) with adjacent landowner(s), if determined necessary by said owners and/or operators, and to notify the Township upon the recording of any such easement(s). Said easements shall be in writing, and shall be subject to the same conveyance and instrument recording requirements as other easements.
[b]
Any such easements shall be appurtenant; shall run with the land benefitted and burdened; and shall be defined and limited by conditions stated in the instrument of conveyance. Instruments creating solar easement shall include, but not be limited to:
[i]
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.
[ii]
Restrictions on the placement of vegetation, structures, and other objects which may impair or obstruct the passage of sunlight through the easement.
[iii]
Enumeration of the terms and conditions, if any, under which the easement may be revised or terminated.
[iv]
Explanation of 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 benefitting from the solar easement in the event of interference with the easement.
(f)
Decommissioning. Decommissioning of a PSEF or any of its solar energy system(s) shall include the following:
[1]
Decommissioning agreement. The PSEF owner and/or operator shall execute a Decommissioning Agreement, to be approved by the Township pending the review of the Township Solicitor, before the final land development plan is released by the Board of Supervisors and filed on record. Said agreement shall contain all terms and conditions for decommissioning requirements.
[2]
Terms and conditions of the decommissioning agreement shall include, but not be limited to:
[a]
If the PSEF owner or operator ceases operation of the facility or any of its solar energy system(s), or begins, but does not complete, construction of the project, the PSEF owner and/or operator shall restore the site to its condition prior to any disturbance related to the PSEF facility. The site shall be restored to a useful, non-hazardous condition without significant delay, including but not limited to the following:
[i]
Removal of aboveground and underground equipment, structures and foundations.
[ii]
Restoration of the surface grade and soil after removal of aboveground structures and equipment.
[iii]
Removal of graveled areas and access roads.
[iv]
Revegetation of restored soil areas with native seed mixes and native plant species suitable to the area under the direction of a Pennsylvania-registered landscape architect.
[v]
For any part of the PSEF project on leased property, the plan may incorporate agreements with the landowner regarding leaving access roads, fences, gates or buildings in place or regarding restoration of agricultural crops or forest resource land.
[vi]
The plan shall provide for the protection of public health and safety and for protection of the environment and natural resources during site restoration.
[vii]
The plan shall include a schedule for completion of site restoration work.
[3]
If a PSEF or any of its solar energy system(s) have not been in operation for a period of six consecutive months, the PSEF owner or operator shall notify the Township in writing with the reason(s) for inoperability and their intentions to re-establish operations or plans for decommissioning. The PSEF owner or operator shall notify the Township immediately upon cessation or abandonment of the operation. The PSEF or one or more of its solar energy systems shall be presumed to be discontinued or abandoned if no electricity is generated by such system for a period of 12 continuous months.
[4]
The PSEF owner and/or operator shall, at its expense, have 12 months from cessation or abandonment in which to dismantle and remove the PSEF 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, and shall re-vegetate disturbed earth back to its predevelopment condition in accordance with Subsection A(56)(f)[2], above.
[5]
Decommissioning cost. An independent professional engineer licensed in Pennsylvania shall be retained by the PSEF owner or operator to estimate the total cost of decommissioning and revegetation without regard to salvage value of the PSEF solar related equipment. Said estimate shall be submitted to the Township after the first year of issuance of a certificate of occupancy and every fifth year thereafter, and shall be reviewed by the Township Engineer. The Board of Supervisors, upon the recommendation of the Township Engineer, may accept such estimate or may refuse to accept such estimate for good cause shown. If the PSEF owner or operator and the Township are unable to agree upon an estimate, then the estimate shall be recalculated and re-certified by another professional engineer licensed in Pennsylvania and chosen mutually by the Township and the PSEF owner or operator. Whichever of the first two estimates is closest in value to the third estimate shall be the final estimate. In the event that a third engineer is so chosen, fees for the services of such engineer shall be paid equally by the Township and the PSEF owner or operator.
[6]
Decommissioning financial security. The PSEF owner or operator, prior to conditional use approval or final land development plan approval, whichever occurs later, shall provide financial security with the Township as payee in an amount equal to 110% of the total cost estimate approved by the Board of Supervisors in Subsection A(56)(f)[5], from a company and in a form and content acceptable to the Board of Supervisors, to insure decommissioning and re-vegetation as set forth herein. Such financial security shall be reset every fifth year to an amount equal to 110% of the cost estimate submitted at such interval in accordance with Subsection A(56)(f)[5], above. The security shall remain in place for as long as the PSEF or its solar energy system(s) exist at the site and until restoration of the site is satisfactorily completed. The PSEF owner or operator shall be responsible to have the financial security certificate holder describe the status of the bond or letter of credit in an annual report submitted to the Township. The financial security shall not be subject to revocation, reduction or termination unless and until approved by the Board of Supervisors based upon the Township Engineer's and Solicitor's recommendation that decommissioning and re-vegetation have been satisfactorily completed.
[7]
Landowner responsibility. If the PSEF owner or operator fails to complete decommissioning and re-vegetation within the time period stated herein, then decommissioning and re-vegetation in accordance with this chapter shall become the responsibility of the landowner, and such landowner shall have 12 months to complete decommissioning and re-vegetation.
[8]
Township intervention. If neither the PSEF owner or operator, nor the landowner completes decommissioning and re-vegetation within the prescribed periods, then the Township may take such measures as necessary to complete decommissioning and re-vegetation. The submission of evidence of the landowner agreement and the decommissioning agreement in accordance with Subsections A(56)(g)[5] and [10], below, respectively, to the Township shall constitute agreement and consent of the parties to the agreements, their respective heirs, successors and assigns that the Township may take such action as necessary to implement the decommissioning and re-vegetation plan.
(g)
Submission requirements. In addition to the requirements set forth in § 240-23, the following shall be submitted with a conditional use application:
[1]
A narrative describing the proposed PSEF, including an overview of the project; the project location; the approximate generating capacity of the PSEF; the approximate number, representative types and height/extent or range of heights/extent of solar panels to be constructed, including their generating capacity, dimensions, and respective manufacturers; and a description of ancillary facilities.
[2]
Identification of the properties on which the proposed PSEF will be located and the properties adjacent to where the PSEF will be located.
[3]
Identification of traffic routes in the Township, traffic volumes and delivery times, and truck weights and sizes relative to PSEF construction, installation, and decommissioning.
[4]
A descriptive site plan including, but not limited to, dimensioned setbacks, locations of property lines, roadways and driveways; location and size of solar panels, modules and/or arrays; all underground and above-ground electrical lines and cabling from the PSEF to substations; elevations and heights of buildings and structures; location and detail of perimeter fencing, and buffer and landscaping requirements; and off-street parking and staging areas for construction-related and delivery vehicles. The site plan shall incorporate a fire protection plan, including, but not limited to, location of any hydrants and other on-site and off-site firefighting equipment, and a narrative of same shall be provided to the Township and Fire Chief for their review and comment.
[5]
An affidavit or evidence of agreement between the landowner and PSEF owner and/or operator confirming the PSEF owner and/or operator has permission to apply for conditional use, necessary permits, and land development plan approval for construction and operation of the PSEF.
[6]
Evidence that the electric utility company has been informed of the PSEF owner's and/or operator's intent to install such facility and its intended connection to the utility grid, and that the utility company has approved of such connection. A copy of the electric utility company's approval to connect to the utility grid shall be provided to the Township if secured at the time of conditional use application, but not later than approval of the land development plan.
[7]
The manufacturer specifications for the key components of the PSEF and its related systems, and certificates of design compliance obtained by the equipment manufacturer from a certifying organization and certified by a professional engineer licensed to practice in the Commonwealth of Pennsylvania.
[8]
Copies of all necessary federal and state permits for the construction, installation, and operation of the PSEF shall be provided if secured at the time of conditional use application, but not later than approval of the land development plan.
[9]
Copies of all studies, analyses, reports, certifications and approvals required by all agencies and any other studies, analyses, and/or reports, as may be reasonably requested by the Board of Supervisors, including but, not limited to, design of the PSEF and its solar energy system, glare analysis, "heat island effect" and adjacent properties, environmental impact analysis, and traffic impact analysis during construction and decommissioning of the PSEF.
[11]
Payment in full of applicable conditional use hearing fees. In addition to fees submitted with the conditional use application, the PSEF owner and/or applicant shall be responsible for payment of Township Engineer and/or other related consultant fees that are in excess of hearing fees.
(h)
Conditions of approval. The following conditions, which may be amended by the Board of Supervisors, shall apply to a PSEF conditional use approval in addition to any other conditions imposed by the Board of Supervisors in their conditional use decision:
[1]
The PSEF applicant, owner and/or operator shall resolve any outstanding comments of the Township Engineer's or other consultant's conditional use and/or land development review letters to the satisfaction of the Board of Supervisors prior to issuance of a certificate of occupancy and operation of the PSEF.
[2]
The PSEF owner and/or operator shall be responsible for repairs to improvements within Township rights-of-way caused by vehicular traffic generated to construct or decommission the PSEF and shall provide adequate security as determined by the Board of Supervisors for such improvement repairs.
[3]
The PSEF applicant, owner and/or operator shall install a Knox-type box on all access gates for emergency access by the Penn Forest Township Fire Company and other emergency responders.
[4]
The PSEF applicant, owner and/or operator shall prepare a "schedule of maintenance" for review and recommendation by the Township Engineer and/or other consultant and approval by the Board of Supervisors prior to issuance of a certificate of occupancy and operation of the PSEF. The "schedule of maintenance" shall include, but not be limited to, a detailed description of daily, weekly, monthly, annual and seasonal inspection and maintenance applicable to vegetation, stormwater facilities, solar related equipment and other improvements on the PSEF site.
A.
General. Accessory buildings, structures or uses that are clearly customary and incidental to a permitted by right or special exception are permitted by right, except as is provided for in this chapter. A business shall only be conducted as an accessory to a dwelling if specifically permitted by this chapter.
B.
Accessory setbacks. The accessory setback requirements of the applicable district shall apply to every accessory building, structure or use unless a standard that is clearly meant to be more restrictive or less restrictive is specifically stated in this article for a particular accessory use. Accessory structure setback requirements shall not apply to permitted surface parking lots, fences or permitted accessory signs.
C.
Front yard setback. No accessory structure, use or building shall be permitted in a required front yard in any district, unless specifically permitted by this chapter.
D.
Special standards. Each accessory use shall comply with all of the following standards listed for that use:
(1)
Antenna, standard (includes amateur radio antenna).
(a)
Height. No standard antenna, including its supporting structure, shall have a total height above the average surrounding ground level of greater than 75 feet.
(b)
Anchoring. An antenna shall be properly anchored to resist high winds.
(c)
Setback. If an antenna has a height more than 20 feet above the roof of the principal building, the antenna shall be set back a minimum of 1.1 times the height of the antenna above the ground level from any lot line of a lot occupied by a dwelling.
(2)
Bus shelter.
(a)
Bus shelters shall only be allowed at a stop of a regularly scheduled bus route or a school bus stop.
(b)
The location of any bus shelter shall be subject to approval by the Township.
(c)
If the bus shelter will be located within the right-of-way, approval shall be obtained from the Board of Supervisors or PennDOT, as applicable. If the bus shelter will be located outside of the right-of-way, the owner of the land shall provide written permission.
(d)
The applicant shall describe the materials that will be used to construct the bus shelter, which shall be durable and require limited maintenance.
(e)
A bus shelter may include two off-premises sign images, each with a maximum sign area of 35 square feet. The message on each sign shall not change more than once per day. The sign shall not be electronic or be illuminated. Signs may also describe any public transit service.
(f)
A written agreement shall establish the party that will be responsible for maintaining the shelter.
(g)
A bus shelter shall not obstruct a clear sight triangle.
(h)
The Zoning Officer shall require the removal of a bus shelter within 60 days if the Zoning Officer becomes aware that the shelter is not being properly maintained or if it is no longer served by a public or school bus route.
(3)
Day-care, child - as accessory to a dwelling.
(b)
The dwelling shall retain a residential appearance with no change to the exterior of the dwelling to accommodate the use, other than cosmetic, fire safety and handicapped access improvements.
(c)
The use shall be actively operated by a permanent resident of the dwelling.
(e)
The use shall comply with any applicable state and federal regulations, including having an appropriate State Department of Public Welfare (or its successor agency) registration certificate or license if required by such agency.
(f)
The use shall include a secure fence around any outdoor areas abutting streets that are routinely used for outdoor play.
(4)
Drive-through facilities.
(a)
The proposed traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(b)
On-lot traffic circulation and parking areas shall be clearly marked.
(c)
A drive-through use shall be designed with space for an adequate number of waiting vehicles while avoiding conflicts with traffic onto, around and off of the site. Any drive-through facilities shall be designed to minimize conflicts with pedestrian traffic.
(5)
Farm-related business. This use may be approved on an lawful existing lot with a minimum lot area of 20 acres that includes a principal agricultural use.
(a)
A farm-related business shall be defined as a low-intensity commercial or industrial activity that functions as a customary accessory use to an on-site principal agricultural use. Farm-related businesses are intended to provide supplemental income to farmers to encourage the continuation of farming, and to provide needed services to other farmers.
(b)
A farm-related business shall be conducted by a resident or owner of the property, his/her relatives, and a maximum total of four other employees working on site at one time, in addition to employees of the agricultural use. In addition, a barn that was constructed for agricultural purposes prior to the adoption of this section may be leased to a nonresident for a use meeting these standards.
(c)
To the maximum extent feasible, a farm-related business should use an existing building. Buildings that existed prior to the effective date of this section may be used for a farm-related business. Any new building constructed for a farm-related business and any new parking area for trucks shall be set back a minimum of 100 feet from any lot line of an existing dwelling, unless a larger setback is required by another section of this chapter. The total of all building floor areas used for a farm-related business shall not exceed 6,000 square feet. This 6,000-square-foot limit shall only apply to buildings constructed after the effective date of this chapter. A farm-related business may also use buildings of any size that existed prior to the effective date of this chapter. The total area used by the farm-related business, including parking, shall not exceed three acres.
(d)
The farm-related business shall not routinely require the overnight parking of more than two tractor-trailer trucks, other than trucks serving the agricultural use.
(e)
Any manufacturing operations shall be of a custom nature and shall be conducted indoors.
(f)
The business shall not generate noxious odors, noise, or glare beyond amounts that are typically generated by agricultural operations. Nonagricultural operations shall not routinely occur in a manner that generates traffic or noise heard by neighbors between the hours of 9:00 p.m. and 7:00 a.m.
(g)
Any retail sales shall only be occasional in nature, and shall occur by appointment or during a maximum of 20 hours per week (except customary retail sales as part of a barber/beauty shop). This provision shall not restrict permitted sale of agricultural products.
(h)
Only one sign shall advertise a farm-related business, which shall have a maximum sign area of 10 square feet on each of two sides, and which shall not be internally illuminated.
(i)
The following activities, and activities that the applicant proves to the Zoning Hearing Board are closely similar, shall be permitted as farm-related businesses:
[1]
Farm equipment or farm vehicle repair;
[2]
Occasional repair of one motor vehicle at a time, beyond those vehicles owned or leased by a resident of the property or his/her relative, but not including a junkyard, auto body shop or spray painting;
[3]
Welding and custom machining of parts;
[4]
Sale, processing, or mixing of seeds, feed, chemical fertilizers, or wood/leaves/bark compost;
[5]
Barber/beauty shops;
[6]
Construction tradesperson's headquarters;
[7]
Music, hobby, trade or art instruction for up to 10 persons at a time;
[8]
Small engine repair;
[9]
Custom woodworking or wood refinishing;
[10]
Custom blacksmithing or sharpening services;
[11]
Rental storage of household items, vehicles, boats and building materials;
[12]
Boarding of animals, not including a kennel or a stable (which are separate uses);
[13]
Custom butchering, not including a commercial slaughterhouse or stockyard;
[14]
Processing and storage of agricultural products;
[15]
Sawmill; or
[16]
Commercial farm tourism and special events, such as farm tours and Halloween activities. See also "stable, non-household" and "retail sales of agricultural products," which are treated as separate uses.
(j)
This subsection shall not regulate agricultural uses that are permitted under other provisions of this chapter.
(k)
If an activity would be permitted as either a farm-related business or a home occupation, then the applicant may choose which set of provisions shall apply.
(l)
One off-street parking space shall be provided per nonresident employee, plus parking for any dwelling. In addition, the applicant shall prove to the Zoning Officer that sufficient parking will be available for customers, which is not required to be paved.
(m)
All existing and new buildings shall maintain a residential or agricultural appearance, as viewed from a public street.
(n)
The use shall not involve the storage or use of highly hazardous, toxic, radioactive, flammable or explosive substances, other than types typically used in agriculture or a household.
(o)
Landscaping shall be placed between any outdoor storage of nonagricultural materials or products and any adjacent dwelling from which storage would be visible.
(p)
The lot shall have provisions for trucks to turn around on the site without backing onto a public street. When special exception approval is required, the Zoning Hearing Board shall consider the suitability of the adjacent roads for the amount and weights of truck traffic that will be generated.
(6)
Fences and walls.
(a)
Fences and walls are permitted by right in all districts. A zoning permit is required for fences and walls that exceed three feet in total height. Fences that have deteriorated shall be replaced or removed. A fence shall not be required to comply with minimum setbacks for accessory structures, and is not required to be set back from a lot line.
(c)
Fences.
[1]
On a corner lot, a fence or wall shall have a four-foot maximum height along each yard abutting a street. However, a fence that only extends behind the rear of a dwelling may have a maximum height of 6.5 feet along one of the streets, other than the street that is along the front of the dwelling.
[2]
Height.
[a]
Front yard. Any fence located in the required minimum front yard of a lot in a residential district shall not exceed four feet in height.
[b]
A fence located in a residential district in a location other than a required front yard shall have a maximum height of 6.5 feet, except a maximum of height of 10 feet shall be allowed around a tennis court.
[c]
The Zoning Officer may approve a taller height where the applicant proves to the Zoning Officer that such taller height is necessary to protect public safety around a specific hazard, such as around an electric transformer or to contain animals.
[3]
Setbacks. No fence shall be built within an existing street right-of-way. A fence shall be set back a minimum of five feet from the street right-of-way along the front lot line. A fence shall be located on the inside of any buffer plantings required by § 240-63.
[4]
Fence materials. Barbed wire shall not be used as part of fences around dwellings in residential districts. Electrically charged fences shall only be used to contain farm animals, and shall be of such low intensity that they will not permanently injure humans. No fence or wall shall be constructed out of fabric, junk, junk vehicles, appliances, drums, or barrels.
(d)
Walls.
[1]
Retaining walls necessary to hold back slopes are exempted from setback regulations and the regulations of this section, and are permitted by right as needed in all districts. However, if a retaining wall is over eight feet in height, it shall be set back a minimum of 10 feet from a lot line of an existing dwelling.
[2]
Other than necessary retaining walls, no wall of greater than four feet shall be located in the required front yard in a residential district, except as a backing for a permitted sign as permitted in § 240-57.
[3]
Walls that are attached to a building shall be regulated as a part of that building.
(7)
Gas and oil wells as a principal or accessory use.
(b)
A minimum setback of 300 feet shall be required from a gas or oil well, any accompanying storage tank and any aboveground equipment from any of the following: (1) any existing dwelling on another lot; or (2) any day-care center, place of worship, nursing home, hospital, personal care center, park or recreational area, or school. See setbacks from other buildings in the State Oil and Gas Act.[1] A minimum setback of 50 feet shall be required from a gas or oil well, any accompanying storage tank and all related aboveground equipment to any street right-of-way or any lot line, unless a written waiver is provided to the Zoning Officer by the principal owner of record of the adjacent lot.
(c)
A row of primarily evergreen trees shall be provided between any gas or oil well and any existing dwelling on an adjacent lot.
(d)
A minimum four-foot-high security fence or architectural masonry wall shall be provided around a gas or oil well.
(e)
If any gas or oil well or related mechanical equipment will be within 600 feet from an existing dwelling or another lot:
(f)
A zoning permit shall be required for a gas or oil well. As part of the permit application, the applicant shall provide a written description of the impacts upon roads, with an emphasis upon weight of vehicles that will be used. See bonding requirements in the Vehicle Code[2] or other applicable state law.
(8)
Home occupations.
(a)
All home occupations shall meet the following requirements:
[1]
The use shall be conducted primarily by a permanent resident of the dwelling, and involve a maximum of two persons working on site or operating a vehicle from the site at any one time who does not reside within the dwelling.
[2]
The use shall be conducted indoors. No outdoor storage or display related to the home occupation shall be permitted. No changes shall occur to the exterior of a building that would reduce its residential appearance as viewed from a street.
[3]
The use shall occupy an area that is not greater than 25% of the total floor area of the principal dwelling unit. The use shall clearly be secondary to the residential use.
[4]
One off-street parking space shall be required per nonresident employee.
[5]
The use shall not regularly require delivery by tractor-trailer trucks.
[6]
Three or more trucks that each are of 10,000 pounds or greater of gross vehicle weight shall not be parked overnight on a residential lot as part of a home occupation.
[7]
No equipment or machinery shall be permitted that produces noise, noxious odor, vibration, glare, electrical or electronic interference detectable on another property. The use shall not involve the storage or use of hazardous, flammable, or explosive substances, other than types and amounts typically found on a residential property. The use shall not involve the storage or use of "toxic" or "highly hazardous" substances.
[8]
A home occupation shall not be conducted in a manner that is perceptible to other residents between the hours of 9:00 p.m. and 7:00 a.m.
[9]
Any tutoring or instruction shall be limited to a maximum of four students at a time.
[10]
A barber or beauty shop shall not include more than one nonresident employee.
[11]
The main office of a medical doctor, chiropractor or dentist shall not be permitted as a home occupation.
[12]
One home occupation sign shall be allowed, which shall have a maximum sign area of two square feet and shall not be internally illuminated.
[13]
The use shall not involve manufacturing, other than of custom crafts and sewing. The use shall not involve commercial repair of motor vehicles.
[14]
The use may include sales using telephone, mail order, or electronic methods. On-site retail sales shall be prohibited, except for sales of hair care products as accessory to a barber/beauty shop.
(b)
In addition to the requirements listed in Subsection D(8)(a) above, the following additional requirements shall apply to a minor home occupation:
[1]
The use shall not routinely involve daily visits to the home occupation by customers.
[2]
The use shall only involve the following activities:
[a]
Work routinely conducted within an office;
[b]
Custom sewing and fabric and basket crafts;
[c]
Cooking and baking for off-site sales and use;
[d]
Creation of visual arts (such as painting or wood carving);
[e]
Repairs to and assembly of computers and computer peripherals; and
[f]
A construction tradesperson, provided that no nonresident employees routinely operate from the lot.
(9)
Outdoor storage and display; commercial or industrial as a principal or accessory use.
(a)
Location. Outdoor storage or display shall not occupy any part of any of the following: the existing or future street right-of-way, sidewalk, or other area intended or designed for pedestrian use or required parking area.
(b)
No such storage or display shall occur on areas with a slope in excess of 25% or within the 100-year floodplain.
(d)
Tire storage.
[1]
For tires not mounted on a motor vehicle, any outdoor storage of more than five tires on a lot in a residential district or more than 20 used tires in a nonresidential district shall only be permitted as part of a Township-approved junkyard or a retail tire sales business.
[2]
The outdoor storage of more than 100 used tires shall be limited to the I-1 District in a Township-approved junkyard.
[3]
Where allowed, any storage of used tires shall involve stacks with a maximum height of 15 feet, and that cover a maximum of 400 square feet. Each stack shall be separated from other stacks and from all lot lines by a minimum of 75 feet. If the same set of tires is stored on a lot for more than six months, they shall be stored within a building or trailer.
[4]
The operator of a lot involving tire storage shall prove that the tires are stored in a manner that minimizes public health hazards from the breeding of vectors in accumulated water and/or that the site is regularly sprayed to minimize vectors.
(10)
Pets, keeping of.
(a)
This is a permitted-by-right accessory use in all districts.
(b)
No use shall involve the keeping of animals or fowl in such a manner or of such types of animals that it creates a serious nuisance (including noise or odor), a health hazard or a public safety hazard. The owner of the animals shall be responsible for collecting and properly disposing of all fecal matter from pets. No dangerous animals shall be kept outdoors in a residential district, except within a secure, completely enclosed cage or fenced area of sufficient height or on a leash under full control of the owner.
(c)
If five or more total dogs over six months in age are kept by all residents of a dwelling, it shall be considered to be a "kennel." If five or more total dogs are kept on a nonresidential lot, it shall be considered to be a "kennel." If more than 10 cats are kept on any lot, it shall be considered to be a "kennel."
(d)
Pigeons, chickens, roosters, ducks, geese and/or similar fowl shall not be kept on a lot of less than one acre. However, if more than 20 of such animals are kept on the lot, then the requirements shall be met for raising of livestock or poultry.
(e)
Keeping of pets shall only be permitted, provided it does not create unsanitary conditions or noxious odors for neighbors.
(f)
Horses. See "stable, household" in this section.
(g)
See the definition of "pets" in § 240-26. Only those pets that are domesticated and are compatible with a residential character shall be permitted as "keeping of pets. Examples of permitted pets include dogs, cats, rabbits, fish, gerbils and lizards.
[1]
The following and similar animals shall not be allowed to be kept insider or outside of a dwelling: bears, tigers, lions, wolves, wolf-dog hybrids, venomous snakes that could be toxic to humans, and constrictor snakes that could be dangerous to humans. See requirements for an "exotic wildlife" permit in the Pennsylvania Game and Wildlife Code.[4]
(11)
Residential accessory structure or use. (See definition in Article III.)
(a)
Accessory structures and uses (other than fences) shall not be located within the required accessory use setback as stated in § 240-33A, unless specifically exempted by this chapter. Accessory structures shall not be located within a front yard, nor within any yard required to be equal in width to a front yard along a street on a corner lot. See accessory setback regulations in § 240-33.
(c)
A maximum of two motor vehicles that do not display a current valid state license and registration and safety inspection stickers may be kept outdoors on a lot in a residential district of less than four acres. This requirement shall not apply to vehicles that have a registration sticker and inspection sticker that expired less than 90 days previously.
(d)
A truck with a gross vehicle weight of greater than 14,000 pounds or a tractor-trailer shall not be kept overnight outdoors on a residential lot in a residential district, except that one may be allowed if it is needed for a resident to drive from home to work and if it is kept a minimum of 75 feet from an existing dwelling on another lot.
(12)
Retail sales of agricultural products as an accessory use.
(a)
The use shall be an accessory use incidental to a crop farming, greenhouse, plant nursery, orchard, winery or raising of livestock use.
(b)
The only retail sales shall be of agricultural products and horticultural products, in addition to any hand-made crafts produced by the operator of the market and/or his/her family. An average of not less than 25% of the products sold on-site shall have been produced by the operator or his/her family. This percentage may vary month to month, provided that the average is met.
(c)
Off-street parking shall be provided in compliance with the provisions of Article VII. No parking shall be permitted in such a way that it creates a safety hazard.
(d)
No stand shall be located closer than: 50 feet from a lot line of lot occupied by a dwelling on another lot, or within 25 feet from a street right-of-way, unless the sales occur within a building that existed prior to the adoption of this chapter.
(e)
A maximum total of 5,000 square feet of building floor area shall be used for such use.
(f)
The retail sales shall be located on land owned by the operator of the market or upon a lot that is farmed.
(13)
Stable, household. Minimum lot area: two acres for first horse or similar animal, plus one acre for each horse or similar animal in excess of one. Any horse barn, manure storage areas or stable shall be a minimum of 75 feet from any residential lot line.
(14)
(15)
Unit for care of relative.
(b)
The accessory unit shall be occupied by a maximum of two persons, who shall be relatives of the permanent residents of the principal dwelling unit. At least one resident of the accessory unit shall need such accommodations because of an illness, old age or disability.
(c)
The applicant shall prove to the Zoning Officer that the accessory unit has been designed and constructed so that it can be easily reconverted into part of the principal dwelling unit or is a modular cottage that will be completely removed from the lot after the relative no longer resides within the unit. Such accessory unit may be converted into an additional bedroom(s), permitted home occupation area or similar use. A lawful detached garage may be converted into a unit for care of relative, and then be reconverted to a garage or permitted home occupation area.
(d)
The applicant shall establish a legally binding mechanism in a form acceptable to the Township that will prohibit the use of the accessory unit as a separate dwelling unit after the relative no longer resides within the unit. Such mechanism shall also be binding upon future owners.
(e)
The owner of the property shall be required to renew the permit for the use once every 24 months. Such renewal shall be conditioned upon the owner proving that a relative of the occupants of the principal dwelling unit continues to reside within the accessory unit.
(f)
Such accessory unit shall not decrease the one-family residential appearance of a one-family dwelling, as viewed from exterior property lines. The accessory unit shall be attached to the principal dwelling unit, or in a detached dwelling if it meets the requirements for principal building setbacks. If a detached modular or manufactured dwelling is placed on the property, it shall be completely removed within 90 days after the relative no longer lives within it. A detached dwelling shall only be placed on the lot if it has a maximum building floor area of 900 square feet.
(g)
No additional parking spaces are required.
(h)
Any on-lot septic system shall be recertified if the sewage flows will increase.
(16)
Wind turbines, maximum of one per lot, as an accessory use.
(a)
All wind turbines shall be set back from each lot line and street right-of-way line a minimum distance equal to 1.1 times the total height from the ground level to the top of the maximum sweep of the turbine blade, as measured from the center of the wind turbine base. Such setback shall not apply if a written signed and notarized waiver is provided to the Zoning Officer by the principal owner of adjacent lot. Two or more abutting lot owners may use the setback waiver process to share use of a wind turbine.
(b)
No part of a wind turbine shall be located within or above the front, rear or side setback that would apply to a principal building.
(c)
The minimum height of the lowest position of the wind rotor shall be 25 feet above the ground.
(d)
A wind turbine shall not be climbable for at least the first 12 feet above the ground level.
(e)
The wind turbine and its installation shall comply with the Uniform Construction Code and the Electrical Code, and be certified by the Underwriters Laboratory or an equivalent entity.
(f)
If guy wires are used, and they are not within a fence, they shall be marked near their base with reflectors, reflective tape, flags or similar method.
(g)
The turbine shall include automatic overspeed controls to address high-speed winds, such as mechanical brakes.
(h)
The maximum total height above the ground level to the tip of the extended blade shall be stated on the application.
(i)
Any new electrical wiring shall be underground to the maximum extended feasible.
(j)
The color of the turbine should be nonobtrusive, such as white, off-white or gray.
(k)
Wind turbines shall not display any advertising, except for a single sign of up to two square feet to identify the manufacturer. Safety warning signs may also be placed. At least one warning sign shall be placed near any electrical transformer or substation.
(l)
Any mechanical building shall be limited to a maximum of 150 square feet of building floor area and a maximum height of 15 feet and shall meet required yards.
(m)
Land development approval shall not be needed for the installation of one wind turbine.
(n)
A wind turbine may be placed on common open space or other land owned by a homeowners' association. A maximum of two wind turbines shall be allowed in such case per development. If the wind turbine does not meet the setback required by Subsection D(16)(a) above, then the waiver process provided by Subsection D(16)(a) may be used.
(o)
The audible sound from the wind turbine shall not exceed 45 A-weighted decibels, as measured at the exterior of a occupied principal building on another lot, unless a written waiver is provided by the owner of such building.
(p)
The owner of the facility shall completely remove all aboveground structures within 12 months after the windmill is no longer used to generate electricity. Disturbed earth shall be reseeded.
(q)
If a wind turbine is placed on the roof of a building, the applicant shall obtain approval from the Township Building Inspector.