Article III Use Regulations

A1, Agriculture: the growing of nursery stock (trees, shrubs, flowers, and vegetables) and tilling of soil for production of agriculture and horticulture, raising and keeping livestock or poultry, bee-raising, and all buildings (barns, sheds, silos, etc.) associated with this use. All facilities shall meet the requirements of the Act of May 20, 1993 (P.L. 12, No. 6) known as the "Nutrient Management Act."

Permitted districts.

RA, MR and Q: minimum lot size of three acres or more.

R1 and R1-C: minimum lot size of five acres or more.

R2, R2-I and R3: minimum lot size of 10 acres or more.

Limited to one head of livestock or 10 poultry per 40,000 square feet of lot area.

Ostrich, emu, and peafowl (peacock) are limited to three fowl per acre on a minimum lot area of three acres and are only permitted in the RA Residential Agricultural District.

Any area used for the keeping or raising of livestock, poultry or bees in the front yard shall be situated not less than, in accordance with the district setback requirements, 25 feet from any street line or property line and no less than 100 feet from any dwelling other than the owner's dwelling.

Any building or area used for the keeping or raising of livestock, poultry or bees in the side or rear yard shall be situated a minimum of 25 feet from all side and rear property lines and no less than 100 feet from any dwelling other than the owner's dwelling.

Animal structures shall not be permitted in the front yard.

Silos shall not be located less than 1.25 times the height of the silo from any street line or property line.

A2, Agricultural sales/roadside farm stands: the seasonal retail sale of farm or nursery products produced on the premises.

This use is an accessory use that shall be clearly incidental and subordinate to uses A1 and A7 and on those properties within an Agricultural Security District. Only farm produce or nursery material may be sold.

Farm produce and nursery material shall be limited to crops harvested from plants and plant material or other related items to the principal use.

At least 50% of the produce or plant material must be grown or raised on the premises or in the immediate region.

Access/exit to the tract must be controlled by two points. Access/exit points shall be no more than 24 feet wide.

Sales building or stands shall be set back per district requirements.

A3, Greenhouse: as a principal or accessory use to any permitted or conditional use.

RA District:

The minimum site area for such use shall be five acres.

The maximum permitted impervious surface ratio of the site shall be 20%.

Parking: no less than one off-street parking space per two employees.

A4, Kennel: the keeping of more than six dogs or cats that are more than six months old for breeding, training, selling, or boarding for a fee.

Minimum lot area: 10 acres.

No animal shelter or runway shall be located closer than 300 feet from any residential building other than the owner's accessory dwelling. Only one B1, Single-family detached dwelling use is permitted on the lot.

All animals shall be maintained in enclosed buildings and runs enclosed by fences designed and constructed to prohibit the animals from escaping from the fenced area.

The total number of dogs and cats on the property shall not exceed 25.

A5, Riding academy/livery or boarding stable: riding stable, livery, or boarding stable for horses.

A lot area of not less than 10 acres shall be required.

Any building or structure used for keeping, servicing, or raising horses shall be situated not less than 100 feet from any street line, 25 feet from any side or rear property line, and not less than 100 feet from any dwelling other than the owner's dwelling.

No more than one horse per 40,000 square feet of lot area shall be permitted.

Horse shows shall be permitted only by approval of the Township Park and Recreation Board and shall be limited to a specified number each year for each riding academy.

A6, Nursery: the outdoor raising of plants, shrubs and trees for sale and transplantation. Such material may be field grown or grown within a greenhouse.

The minimum lot size shall be five acres.

Any building or structure shall meet the yard, lot width and setback requirements for the applicable zoning district for use B1, Single-family detached dwelling.

Landscape contracting is permitted as an accessory use to a nursery operation, including outdoor storage of landscape building supplies, provided that it does not exceed 20% of the area of the total nursery operation or one acre, whichever is less.

There shall be a planted buffer with a minimum width of 25 feet that surrounds all greenhouses and the area of any storage of landscape building supplies from any adjoining property.

Agricultural sales/roadside stands may be permitted as an accessory use.

A7, Forestry: the management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting, and selling trees for commercial purposes which does not involve any land development.

Purpose. In order to preserve forests and the environmental and economic benefits they provide, it is the policy of the Township to encourage the owners of forest land to continue to use their land for forestry purposes, including the long-term production of timber, recreation, wildlife and amenity values. The timber harvesting regulations are intended to further this policy by promoting good forest stewardship; protecting the rights of adjoining property owners; minimizing the potential for adverse environmental impacts; and avoiding unreasonable and unnecessary restrictions on the right to practice forestry.

PRECOMMERCIAL TIMBER STAND IMPROVEMENT

Definitions.

FELLING

The act of cutting a standing tree so that it falls to the ground.

LANDING

A place where logs, pulpwood or firewood are assembled for transportation to processing facilities.

LANDOWNER

An individual, corporation, company, firm, association, or partnership that is in actual control of forest land where such control is based on legal or equitable title or on any other interest entitling the holder to sell or otherwise dispose of any or all of the timber on such land in any manner and any agents thereof acting on their behalf, such as forestry consultants, who set up and administer timber harvesting.

LITTER

Discarded items not naturally occurring on the site, such as tires, oil cans, equipment parts, and other rubbish.

LOP

To cut tops and slash into smaller pieces to allow the material to settle close to the ground.

OPERATOR

An individual, partnership, company, firm, association, or corporation engaged in timber harvesting, including the agents, subcontractors, and employees thereof.

A forest practice, such as thinning or pruning, which results in better growth, structure, species composition, or health for the residual stand but which does not yield a net income to the landowner, usually because any trees cut are of poor quality, too small, or otherwise of limited marketability or value.

SKIDDING

Dragging trees on the ground from the stump to the landing by any mean

SLASH

Woody debris left in the woods after logging, including lots, chunks, bark, branches, uprooted stumps, and broken or uprooted trees or shrubs.

STAND

Any area of forest vegetation whose site conditions, past history and current species composition are sufficiently uniform to be managed as a unit.

TIMBER HARVESTING, TREE HARVESTING or LOGGING

The process of cutting down trees and removing logs from the forest for the primary purpose of sale or commercial processing into wood products. Clear cutting or selective cutting of forest lands for a land use change is excluded from this definition.

TOP

The upper portion of a felled tree that is unmarketable because of small size, taper, or defect.

Preparation of forestry/logging plan.

Notification of commencement or completion. For all forestry and timber harvesting operations that are expected to exceed one acre, the landowner shall notify the Township at least 10 business days before the operation commences and within five business days before the operation is complete. No timber harvesting shall occur until the notice has been provided. Notification shall be in writing and specify the land on which harvesting will occur, the expected size of the harvest area, and, as applicable, the anticipated starting or completion date.

Logging plan. A logging plan shall be prepared for every property where timber harvesting is to occur. No timber harvesting shall occur until the plan has been prepared. The provisions of the plan shall be followed throughout the operation. The plan shall be available at the harvest site at all times during the operation and shall be provided to the Township upon request.

Responsibility for compliance. The landowners and the operator shall be jointly and severally responsible for complying with the terms of the logging plan.

Forestry/logging plan; minimum requirements. As a minimum, the logging plan shall include the following:

Design, construction, maintenance, and retirement of the access system, including haul roads, skid roads, skid trails, and landing;

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

Design, construction, and maintenance of stream and wetland crossings;

The general location of the proposed operation in relation to municipal and state highways, including any access to those highways;

Copies of all required permits shall be submitted as an appendix to the plan;

Proof of current general liability and/or workers' compensation insurance;

Proof of PennDOT highway occupancy permit or Township driveway permit for temporary access, as applicable; and

[h]

Copy of Bucks County Conservation District Letter of Adequacy for the proposed erosion control facilities, including associated plans, reports and other permits as required.

Map. Each forestry/logging plan shall include a site map containing the following information:

Site location and boundaries, including both the boundaries of the property on which the timber harvesting will take place and the boundaries of the proposed forest area within that property;

Significant topographic features related to potential environmental problems;

Location of all earth disturbance activities, such as roads, landings, and water control measures and structures;

Location of all crossings of waters of the commonwealth; and

The general location of the proposed operation to municipal and state highways, including any access to those highways.

Compliance with state law. The forestry/logging plan shall address and comply with the requirements of all applicable state laws and regulations, including but not limited to the following:

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

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

Stormwater management plans and regulations.

Compliance with federal laws and regulations. The forestry/logging plan shall address and comply with the requirements of all applicable federal laws and regulations including but not limited to the best management practices as set forth in 33 CFR 323.4[a][6][i] through [xv].

Compliance with Township ordinances. The forestry/logging plan shall verify compliance with the stormwater management ordinances of the Township.[1]

Editor's Note: See Ch. 288, Stormwater Management.

Forest practices. The following requirements shall apply to any and all forestry/timber harvesting operations in the Township:

Felling or skidding in or across any public thoroughfare is prohibited without the express written consent of the Township or PennDOT, whichever is responsible for the maintenance of the road.

No tops or slash shall be left within 25 feet of any public road or private road or on any property adjoining the site where forestry is occurring.

Litter resulting from timber harvesting shall be removed from the site prior to the operator vacating the site.

Any soil, stones, or debris carried onto public or private roadways must be removed immediately.

No forestry or logging shall occur on areas with slopes of 16% or greater.

When the harvest is complete, dirt roads used by trucks and skid roads used to drag logs from the woods to the loading area must be graded approximately to original contours and must be seeded and mulched to establish stable ground cover.

Riparian buffers. No logging or timber harvesting may take place within 50 feet of the bank of any stream, named or unnamed, that appears on the USGS maps.

[h]

No forestry/timber harvesting operation is permitted within a distance from any property line adjoining property in residential or commercial use, with structures thereon devoted to that use, that is 1.25 times the height of tallest tree whose height is equal to or greater than its distance from the property line. (Nothing in this provision shall prevent the removal of a diseased or dying tree within such distance.)

Financial security shall be established in a manner acceptable to the Township to guarantee repair of all damage that may occur to public streets due to forestry/logging operations (Chapter 189 of Title 67 of the Pennsylvania Code) and to guarantee compliance with erosion and sedimentation control plans, compliance with stormwater management plans and restoration of the site upon completion of logging operations.

Residential uses.

B1, Single-family detached dwelling: a single-family residence on an individual lot with private yards on all sides of the house and with no public or community open space. Detached dwellings may include dwellings constructed on the lot, prefabricated dwellings, modular dwellings and mobile (manufactured) homes, double wide with a pitched roof, on a permanent foundation, and affixed to the ground.

No more than one single-family detached dwelling shall be placed on a lot, and such detached dwelling shall be occupied by not more than one family.

If the dwelling is a mobile or manufactured home, the dwelling shall be placed on concrete or masonry footings and shall be permanently affixed to the ground as required by the most current applicable building code(s).

B2, Single-family zero lot line dwelling: a dwelling unit accommodating a single family, constructed in the side yard on or near the side property line with one side yard and one wall which shall not be a party wall to the adjacent dwelling which shall be of the same type.

B3, Two-family semidetached dwelling (twin): two dwelling units accommodating two families which are attached side by side through the use of a common party wall and having one side yard adjacent to each dwelling unit.

B4, Two-family detached dwelling (duplex): a single-family attached dwelling unit accommodating two families with one dwelling unit located above another dwelling unit. There shall be no more than two dwelling units per structure, and each unit shall have individual outside access.

B5, Four-family semidetached dwelling: four dwelling units accommodating four families, two units of which are located directly over the other two units; a combination of both the single-family semidetached and the two-family detached structures.

B6, Townhouse: a single-family dwelling unit in a row of at least three such units in which each unit has its own front and rear access to the outside and having an individual and/or common yard area. Each townhouse unit is separated from any other unit by one or more vertical common walls or vertically stacked with one unit located over another unit (two total).

A row of attached townhouses shall not exceed six dwelling units.

Setbacks:

Minimum building setback from a common parking area: 20 feet.

Minimum building setback from a pedestrian walk: 15 feet.

Design standards for townhouse units.

Design standards for all townhouse units with or without garages must conform to the following standards:

An overall structure of attached dwelling units shall not be permitted with one common roofline or with equal front and rear yard setbacks for all dwelling units.

The appearance of the front and rear wall of the building shall have a distinction between units by varying the unit width or height, providing different exterior materials on the facade, or by changing the rooflines.

For all residential units, the building or setback line along any public street shall be a minimum of 30 feet (reference is made only to the distance from the edge of the cartway or curbline to the face of the building).

Sidewalk and street standards.

All roads and parking areas shall remain as private roads which shall be maintained by a homeowners' association or other entity approved by the Township.

There shall be a vehicular hierarchy with internal roads which shall provide access and egress to the common parking facilities.

There shall be a continuous sidewalk pathway system which shall serve all dwellings, interconnect all areas of the development, and provide access to the open space.

B7, Townhouse village development: a type of residential development consisting of a mixture of varying townhouse dwelling types to promote flexible and diverse design standards for townhouse development. Development standards include:

Unless otherwise stated, all development pursuant to this use or section shall be subject to all other applicable regulations relating to land subdivision, permissible development, utilities, private water and sewer systems and necessary permits, including, but not limited to, regulations of the Pennsylvania Department of Environmental Protection, Warrington Township and the Bucks County Health Department and subdivision and land development regulations.

Density. The density of a townhouse village development shall not exceed 7.5 dwelling units per acre of gross buildable site area. Density is computed by dividing the number of proposed dwelling units by the acreage of gross buildable site area.

Minimum site area. Townhouse village developments shall have a minimum gross site area of 45 acres of land.

Development mix.

Required dwelling unit mix. The townhouse village development shall conform to the minimum standards for a mix of dwelling types as set forth in Table 1.

Table 1 Standards for Mix of Dwelling Types
Number of Dwellings per Development	Minimum Required Number of Dwelling Types	Maximum Percent of Any Dwelling Types	Minimum Percent of Dwelling Types
1 to 40	1	100%	10%
40 to 85	2	70%	10%
85 or more	3	45%	10%

Permitted dwelling types and uses:

Multiplex.

Manor house.

Townhouse.

Common and active open space. In order that adequate land for parks and open space may be adequately provided, properly located and preserved as the Township develops; and in order that the onus of providing such park and open space land necessary to serve the additional residents brought into the Township by the new development may be most equitably apportioned on the basis of the additional need created by that development, common open space and active open space shall be required to be provided in accordance with § 370-504 of this chapter.

Reservation of land for parks, open space, schools, and other public facilities. The developer, in the design of the development plan, and the Board of Supervisors, in its review of the plan, shall consider the adequate provision of sites for parks, open space, schools and other public facilities as indicated on the adopted Official Map, when adopted. Where such facilities are shown and located on the Official Map or where the Board of Supervisors otherwise determines that a portion of the plan is required for such facilities, the developer may be required to reserve such sites for a period not to exceed 60 days following receipt of the Planning Commission recommendation on the application for preliminary approval, after which time the Township shall either acquire the property or release the reservation.

Environmental restrictions. Any land which is within the Environmental Restrictions Overlay District as defined by § 370-802E(5) of this chapter shall be subject to the environmental restrictions, regulations and conditions imposed thereby.

Dedication of lands for public purposes. Where land is offered for dedication to the Township or a public entity that is designated by the Board of Supervisors to receive such lands, which shall be used for public purposes, such as a park or public recreation, and the Board of Supervisors, at its sole and absolute discretion, chooses to accept all or a portion of the land so offered, the design criteria of the balance of the property remaining, after the anticipated dedication of the open space as set forth hereinabove, shall be in accordance with the following criteria:

Such dedication shall be a minimum of 15% of the gross lot area as defined by the deed.

There shall remain a minimum of 5% of the tract which shall remain as common open space for the development.

The open space to be set aside for the above public purposes shall be in lieu of any and all other open space and environmental restrictions otherwise imposed by this chapter or the Subdivision and Land Development Ordinance.[2]

Editor's Note: See Ch. 305, Subdivision and Land Development.

Prior to approval of any subdivision plan pursuant to this subsection, the applicant shall submit an engineered sketch plan, which shall depict the area proposed for dedication for public purposes and the proposed development of the remaining land.

As a condition to approval of the final subdivision plans by the Board of Supervisors, the applicant shall deliver to the Township, for recording, a deed of dedication for the land which the Board of Supervisors, in its sole and absolute discretion, has chosen to accept, for the parcel then subject to the final subdivision plan approval, title of same to be free and clear of all liens and encumbrances and of quality for recording acceptable to the Board of Supervisors at the advice of its solicitor. All costs of transfer and recording shall be borne by the applicant.

The provisions of § 370-506 shall control and shall be deemed to supersede any inconsistent provisions of this chapter, including the number of dwelling units calculated pursuant to § 370-504 in Article V, Natural Resources, and the environmental restrictions as set forth in Article V, Natural Resources. In lieu thereof, the density and design provisions set forth hereinabove, as well as the permitted requirements and approval requirements of the Bucks County Conservation District, the Army Corps of Engineers, and the Department of Environmental Resources, and its various branches shall apply.

Perimeter requirements. If topographical or other barriers do not provide adequate privacy for existing uses adjacent to the residential development, the developer shall be required to permanently screen any proposed structure located within 200 feet of the perimeter of the residential development and in no event shall any structure be located less than 50 feet from the perimeter. Screening shall be as specified in the Subdivision and Land Development Ordinance.

Traffic ingress and egress.

All residential developments shall have adequate road access to and from the development as determined by the traffic impact study required to be submitted with the application for preliminary approval by the SALDO.

Based upon the findings and results of such impact study, the Township may require road improvements by the developer outside of the residential development to meet the transportation needs created by the traffic projected to be generated by the development.

Design standards for townhouse units.

Design standards for all townhouse units with or without garages must conform to the following standards:

An overall structure of attached dwelling units shall not be permitted with one common roofline or with equal front and rear yard setbacks for all dwelling units.

Sidewalk and street standards.

All roads and parking areas within the townhouse village development shall remain as private roads which shall be maintained by a homeowners' association or other entity approved by the Township.

There shall be a vehicular hierarchy with internal roads which shall provide access and egress to the common parking facilities.

There shall be a continuous sidewalk pathway system which shall serve all dwellings, interconnect all areas of the development, and provide access to the open space.

Sewer and water. All townhouse village developments shall be served by public sewer and water.

B8, Multiplex: a single-family attached unit with independent outside access that may be arranged in a variety of configurations, side-by-side, back-to-back or vertically. The essential feature is the small number of units attached.

There may be no more than five units in any building, but they shall not average more than four units per building in the development.

Minimum building setback lines:

Common parking area: 20 feet.

Minimum building spacing: 40 feet.

B9, Midrise apartment: buildings where individual dwelling units share a common outside access, and elevators serve each floor.

Maximum horizontal dimension (one side): 180 feet.

Maximum building setback line (from property line of development): 250 feet.

B10, Mobile/manufactured home park. A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile/manufactured home lots for the placement thereon of mobile/manufactured homes. Development standards include:

Permitted by conditional use (with public utilities) in the PI-2 District.

Area and density.

A mobile/manufactured home park shall have a minimum gross site area of 25 contiguous acres of land.

The gross density of a mobile/manufactured home park shall not exceed five dwelling units per acre.

Site and lot location. Proposed site locations within allowed zoning districts shall be subject to approval or disapproval on the basis of the impact of the proposed park on existing neighboring uses, public utilities, and transportation facilities. The site or lot location of all mobile/manufactured home parks shall comply with the following minimum requirements:

The site shall be free from any adverse influence by swamps, marshes, garbage or rubbish disposal areas or other potential breeding places for insects or rodents.

The site shall not be subject to any hazard or nuisance, such as excessive noise, vibration, smoke, toxic matter, radiation, heat, odor or glare, as specified in § 370-814 of this chapter, as amended, or as deemed objectionable by the Township.

Design standards.

A mobile/manufactured home lot or space shall have a minimum lot area of 5,000 square feet.

The impervious surface ratio for the site shall not exceed 25%.

Mobile/manufactured homes and accessory structures which have a horizontal area in excess of 25 square feet shall be separated from each other by at least 30 feet. Any accessory structure which has a horizontal area exceeding 25 square feet and is attached to a mobile/manufactured home and/or located within 10 feet of its window, and has an opaque or translucent top or roof that is higher than such window shall, for purposes of this separation requirement, be considered to be a part of the mobile/manufactured home.

Setbacks.

All mobile/manufactured homes shall be located at least 50 feet from any park property boundary line abutting upon a public street or highway street line, and at least 40 feet from other park property boundary lines.

There shall be a minimum distance of 20 feet between an individual mobile/manufactured home (including accessory structures attached thereto) and the adjoining pavement of an interior public street.

There shall be a minimum distance of 20 feet between an individual mobile/manufactured home (including accessory structures attached thereto) and the boundaries of any park common area.

Mobile/manufactured home pad.

No mobile/manufactured home shall be erected in a mobile/manufactured home lot except upon a mobile home pad.

Each mobile/manufactured home pad shall have a minimum dimension of 60 feet by 12 feet.

Each mobile/manufactured home pad shall have access to a street in the mobile/manufactured home park. A minimum setback of 20 feet from the street line shall be required.

The pad shall be constructed from either concrete, asphalt concrete, or other material sufficient to adequately support the mobile/manufactured home to prevent abnormal settling or heaving under the weight of the home. The corners of the mobile/manufactured home shall be anchored to prevent wind overturn and rocking with tie-downs, such as concrete, dead men, screw augers, arrowhead anchors, or other devices suitable to withstand a tension of at least 2,800 pounds.

Skirting. An enclosure of fireproof materials shall be erected around the entire base of each mobile/manufactured home.

Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure.

Soil and ground cover.

Exposed ground surfaces in all parts of every park shall be paved or covered with stone screening or other solid material or protected with a vegetative growth that is capable of preventing soil erosion and the emanation of dust during dry weather, and which meets all other requirements of this chapter.

Park grounds shall be maintained free of vegetative growth that is a nuisance or poisonous or which may harbor rodents, insects, or other pests in sufficient quantities as to be harmful to humans and shall meet all other requirements of the Township Nuisance Ordinance, Ord. 6-71 [Chapter 10, Part 4].[3]

Editor's Note: See Ch. 214, Nuisances, Art. I, General Provisions.

Nonresidential use areas. No part of any park shall be used for nonresidential purposes except such uses that are required for direct servicing and recreation for the residents of the park and for the management and maintenance of the park.

Open space.

All mobile/manufactured home parks shall provide, and so indicate on the plan of the mobile/manufactured home park, suitable areas for recreation and open space uses. The minimum standard for these areas shall be 25% of the total area of the mobile/manufactured home park of which one-half shall be in one place. The remainder may be used to provide pedestrian connecting links to the recreation areas.

The recreation and open space shall be located as centrally as possible within the mobile/manufactured home park in order to be easily accessible to its residents.

The open space shall be landscaped as specified in the Subdivision and Land Development Ordinance.

The open space shall be maintained as specified in § 370-506 of this chapter.

B11, Garden apartment: multifamily dwelling units, where individual dwelling units share a common outside access.

No apartment building shall exceed 120 feet in length without having a through access for fire equipment to the rear of the building.

Minimum building setback line from a common parking area: 30 feet.

B12, Conservation residential development: a cluster option providing a variety of residential housing types to be designed to ensure that the maximum amount of land shall be retained for conservation or for agricultural purposes. It shall meet the following standards in addition to the standards provided in § 370-802:

The plan of development shall be designed to ensure that the maximum amount of land shall be retained for conservation or for agricultural purposes. Section 370-504 in Article V does not apply to conservation residential developments. The Township may permit encroachment into areas of woodlands, steep slopes, or prime agricultural soils only in order to ensure the best design of the site for conservation or agricultural purposes. The plan shall provide for a conservation area and a development area.

Prior to the submission of any application for land development, the developer/owner shall consult with the Township Planning Commission in order to delineate the location and boundaries of the conservation area that will best preserve the environmental, forest, viewshed, and rural streetscape of the site. The developer/owner is encouraged to submit a Feasibility Sketch Plan in accordance with the provisions of the Subdivision and Land Development Ordinance.

The minimum tract area, measured to the street line of adjoining roads, shall not be less than 25 acres. There shall be no deductions from this computation other than areas within the street line of existing roads and streets.

The minimum size of a conservation area shall be not less than 65% of the tract area as defined in the previous subsection and shall be a contiguous area. Required street, exterior property line, and riparian buffers shall not be considered to be part of the required conservation area, except for any setbacks or buffers that are located between the development area and the conservation area or are along the exterior property line of the conservation area. The boundaries of conservation areas shall be permanently marked upon the ground at completion by means of permanent survey markers. The Board of Supervisors may require other forms of marking in addition to permanent survey markers. The remainder of the project site shall be the development area.

Only agricultural uses, naturalized basins, constructed wetlands, reforestation areas, utilities, unpaved walking trails in accordance with the Township's open space and recreation plan or passive recreation shall be permitted in the conservation area. No part of any lot and no structures shall be located in the conservation area, except that the Township may permit the conservation area to be used for active recreation. In addition, the area within the street line of any access road within the conservation area needed to access the development area shall be considered part of the conservation area.

Development shall be designed to minimize the amount of perimeter of the development area adjacent to the conservation area. The development area shall be located as remote as possible from abutting streets and a minimum of 100 feet from the existing street line.

Density. The permitted gross density shall be 0.7 dwelling unit per acre. Acreage shall be measured to the street line with no other deductions except as herein provided.

A bonus density shall be allowed if more than 50% of the forest area on the site is preserved in the conservation area. The bonus shall be 0.04 dwelling unit per acre gross density for each 10% of forest preserved over the minimum of 50% required by this chapter.

A bonus density shall be allowed if the project includes the extension of public sewer service to adjacent or closely proximate single-family homes presently served by on-lot sewage disposal systems. The bonus shall be 0.02 dwelling unit per acre gross density for each home served. Such service shall be provided to the point of connection at the property line of such dwelling. Any off-site property owner requesting future connection to the public sewer extension will be required to deed restrict the property from further subdivision.

A bonus density shall be allowed if the project provides conservation area in excess of the 65% required. The bonus shall be 0.08 dwelling unit per acre gross density for each 5% provided in excess of 65%.

Density bonuses may be combined, as appropriate, provided that the permitted gross density with bonuses shall not exceed one dwelling unit per acre. The maximum number of dwellings that may be created shall be calculated by multiplying the tract area, measured to the street line of adjoining roads, by the permitted gross density with bonuses and shall be rounded to the nearest 0.01 of a unit. When that calculation results in anything other than a whole number, the number of units shall be rounded down to the nearest whole number when the fractional portion is less than 0.50 and shall be rounded up to the nearest whole number when the fractional portion is 0.50 or greater.

Single-family detached dwellings, two-family semidetached dwellings (twin), single-family zero lot line dwellings and townhouses shall be permitted.

Buffer requirements.

General requirements. Along all exterior property boundary lines of the development area there shall be a permanent buffer at least 25 feet in depth, unless this is modified pursuant to §§ 370-305B(12)(i)[3] and 370-305B(12)(i)[4]. A screen buffer (as defined herein) shall be provided wherever the development abuts existing residential uses or zoning and where abutting other types of uses when deemed necessary by the Board of Supervisors to provide sufficient buffering and transition. A softening buffer (as defined herein) at least 75 feet in depth shall be provided wherever the development abuts any existing street {as modified by § 370-305B(12)(i)[3]}, drive, or parking area; or open (not wooded) undeveloped land, except the conservation area as herein provided. An open buffer shall be provided wherever the development abuts wooded undeveloped land.

Components. The minimum component of each type of buffer shall be as follows:

Natural buffers. Whenever existing forested areas are located where buffers are required by this part, they shall be retained and used as the required buffer. All dead vegetation shall be removed from such areas and they shall be supplemented with new understory plantings utilizing native species to the extent deemed necessary by the Township. Such planting shall be of the types and density needed to achieve the visual screening purpose of the buffer and shall be selected from the preapproved plant list provided in Chapter 305, Subdivision and Land Development. Where sufficient depth of forest is not present or forest is not present at all, then screen buffers or softening buffers shall be used to supplement the depth of the natural buffer.

Constructed screen buffers. The primary components of a screen buffer shall be two rows of evergreen trees, at the height of not less than six feet when planted, spaced not more than 10 feet apart on center, and these trees shall be of such species to attain a height at maturity of not less than 20 feet. The second row shall be offset five feet from the trees in the first row and the rows shall be five feet apart. Also required as secondary components are mounding (the use of which is encouraged), provided that the slopes shall be a maximum of 3:1, deciduous trees, deciduous shrubs, and coniferous shrubbery.

Constructed softening buffer. The softening buffer shall conform to the requirements of Chapter 305, Subdivision and Land Development.

Open buffer. The open buffer shall at a minimum consist of grass, ground cover, and/or similar vegetative material, and may include trees, shrubs, or other natural landscaping materials.

Street intersections. The softening buffer described in § 370-305B(12)(i)[2][c] may be modified wherever necessary for adequate sight distance.

Existing buffers. In cases where a boundary of a development occurs along natural features which function as buffers, including, but not limited to, mature vegetation, significant grade changes or stream valleys, which are likely to be permanently preserved, buffering may be waived or modified along that boundary upon approval of the Board of Supervisors.

Maintenance. All vegetation shall be maintained permanently and in the event of death or other destruction shall be replaced within one year by the persons responsible for maintenance when death or destruction occurred.

Buffer landscape plan. A landscaping plan shall be submitted with the preliminary subdivision and land development plans showing all pertinent information, including the location, size and species of all individual trees and shrubs to be preserved or planted, or alternatively, the general characteristics of existing vegetation masses which are to be preserved.

All homeowners' association agreements, agreements of sale for individual lots and deeds must include a right-to-farm provision.

Transferable development rights may not be used in the development area, and transferable development rights may not accrue to any conservation area lands.

Public access to the conservation area may be required as the Board of Supervisors shall deem appropriate. The Township in its sole discretion shall determine the means of permanently preserving the conservation area in perpetuity, which may include one or more of the following:

Deed in fee to the Township; or

Permanently deed restricted from further development by conservation easement in favor of the Township, but owned by a homeowners' association; or

Conveyed to a conservancy, nonprofit corporation or association, or similar legal entity; or

Any combination of the above.

All such developments shall be located in a public sewer service area, so designated by the Township's Sewage Facilities Plan in accordance with Act 537, the Pennsylvania Sewage Facilities Act.[4]

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

Any such development exceeding 50 dwelling units shall be connected to existing public streets at two separate locations. Developments of less than 50 homes must include provisions for access that are approved by the Township Fire Marshal.

f the approved Township Trail Map shows a trail across the site, the trail shall be incorporated into the conservation area of the development.

(13)

B13, Mixed residential community: Development standards include:

General. Unless otherwise stated, all development pursuant to this section shall be subject to all other applicable regulations relating to land development and subdivision regulations, permissible development, densities of development, environmental restrictions, and regulations of state agencies.

Must be served by public water and sewer.

Density. The density of development in a mixed residential community shall not exceed three dwelling units per acre of gross buildable site area. Density is computed by dividing the number of proposed dwelling units by the acreage of gross buildable site area.

Development mix, as described below depending on tract size:

Table 2 Housing Mix Criteria
Size of Development (acres)	Housing Mix Criteria
Less than 10	100% of the development may be in a single-dwelling-unit type (see Article II, Glossary of Terms). If a mix is desired, not less than 75% of the dwelling units in the development shall be single-family detached dwellings and not more than 25% shall be two-family semidetached (twin), single-family zero lot line, townhouse, garden apartment, or multiplex.
10 to 25	Not less than 60% of the dwelling units in the development shall be single-family detached dwellings; not more than 40% shall be two-family semidetached (twin), single-family zero lot line, townhouse, garden apartment, or multiplex; not more than 25% shall be two-family detached or four-family semidetached.
25 and greater	Not less than 50% of the dwelling units shall be single-family detached dwellings; not more than 50% shall be two-family semidetached (twin), single-family zero lot line, townhouse, garden apartment, or multiplex; not more than 25% shall be two-family detached or four-family semidetached.

Open space.

Common and active open space. To ensure that adequate land for passive and active parks, trails, and open space is provided to serve the residents of the development and Township, the requirements of § 370-504 shall be required.

Reservation of land for parks, trails, open space, and other public facilities. The developer, in the design and layout of the development plan, and the Planning Commission and Board of Supervisors, in their review of the plan, shall consider the adequate provision of the site for parks, open space, and other public facilities and provide such uses for the residents of the development and the Township. Where such facilities are noted in the Official Map, when adopted, or where the Board of Supervisors otherwise determines that a portion of the plan is required for such facilities, the developer may be required to reserve such sites for a period not to exceed 60 days following receipt of the Planning Commission recommendation on the application for preliminary approval, after which time the Township shall either acquire the property or release the reservation.

Environmental restrictions. Any land within the planned residential development which is within the Environmental Restrictions Overlay District as defined by § 370-802E(5) of this chapter shall be subject to the environmental restrictions, regulations and conditions imposed thereby.

Residential siting: as outlined in Table 2 within § 370-305B(13).

Buffer zones.

Whenever a residential use is adjacent to a nonresidential use, a buffer zone with a minimum width of 50 feet shall be provided.

Wherever another dwelling unit type is adjacent to a midrise apartment, a buffer zone with a minimum width of 35 feet plus one foot for each foot that the midrise is over 35 feet in height shall be provided.

The buffer zones noted above shall be landscaped as specified in the Subdivision and Land Development Ordinance.

Perimeter requirements. If topographical or other barriers do not provide adequate privacy for existing uses adjacent to the mixed residential community, the developer shall be required to permanently screen any proposed structures located within 200 feet of the perimeter of the tract, and in no event shall any structure be located less than 50 feet from the perimeter. Screening shall be as specified in the Subdivision and Land Development Ordinance.

Traffic ingress and egress.

All planned residential developments shall have adequate road access to and from the development as determined by the traffic impact study required to be submitted with the application for preliminary approval by the SALDO.

Based upon the findings and results of such impact study, the Township may require road improvements by the developer to meet the transportation needs created by the traffic projected to be generated by the development.

Design standards for townhouse, multiplex, and garden apartments. Design standards of a mixed residential community containing townhouses, multiplexes or garden apartments must conform to the following standards:

Each townhouse, multiplex or garden apartment dwelling unit shall incorporate varied architectural modes and setbacks. An overall structure of attached dwelling units shall not be permitted with one common roofline or with equal front and rear yard setbacks for all dwelling units. Similarly, the appearance of the front and rear wall of the building shall have a distinction between dwelling units by varying the unit width or height, providing different exterior materials on the facade, or by changing the rooflines. Setbacks shall vary from every other dwelling unit to the next so that every two units are offset from the adjoining units by a minimum of two feet front and rear.

The building or setback line along any public street line shall be a minimum of 30 feet. (Reference is made only to the distance from the street line to the street to the face of the building.)

Additional standards. In addition to the requirements above, the following design and construction standards shall apply:

Subject to approval, minimum street line and cartway width may be reduced if:

Vehicular traffic has been suitably separated from pedestrian traffic.

Such reduction in cartway width allows for the passage of two motor vehicles in opposite directions with due allowance for on-street parking that might be permitted on the thoroughfare.

The roadway in question is a minor or local road not serving through traffic. Such reduction shall not be below 35 feet for the street line and 25 feet for the cartway.

Subject to approval, sidewalk requirements may be waived if a suitable pathway system apart from the street line is provided and serves all those dwelling units and commercial uses for which a sidewalk would normally be required.

(14)

B14, Rooming house or boardinghouse: a dwelling or part thereof in which, for compensation, lodging and/or meals are provided and where personal and financial services may be offered. Shared cooking facilities may be provided for the residents of the facility only.

(15)

B15, Village house: a single-family detached dwelling on an individual lot with private yards on all sides of the house. It differs from other forms of detached housing in the lot size (minimum 10,000 square feet) and placement on the lot. The structure is placed closer to the street and is additionally distinguished by plantings or architectural treatments.

Each village house is required to provide one or more of the following as to each lot (with no two adjacent homes sharing the same elevation and façade. Either:

An unenclosed porch running at least three quarters of the house front, being at least six feet in width; or

A portico front porch with at least two white columns and a standing seam metal roof.

The columns shall be at least eight inches in diameter or eight inches wide and shall frame the front door.

The porch shall be at least six feet wide and six feet deep.

The portico ceiling shall not be less than eight feet in height or greater than 10 feet in height above the porch.

A front yard raised above the sidewalk grade adjacent to the street by at least 30 inches and a retaining wall of at least 18 inches high within the front yard at the sidewalk line, if the topography would allow such improvements.

The facade or side of any structure facing an abutting residential use shall comply with the requirements of the Subdivision and Land Development Ordinance and shall not contain any loading docks, trash containment areas, and outside work areas.

(16)

B16, Manor house. The manor house is an attached dwelling in which most units have independent outside access. A manor house shall meet the following design standards:

Units shall be arranged side-by-side and back-to-back.

No more than six units per structure.

The building shall look like a large single-family detached home in the style of a country home and have a pitched roof(s) with dormers and chimneys.

A minimum of two off-street parking spaces per dwelling unit is required.

(17)

B17, Live-work units. A live-work unit is a space occupied by a combination of a dwelling unit and business, such as a shop or office that can include the sale of retail items manufactured on the site, that is open to the public for retail trade or personal or professional services, subject to the following conditions:

Occupations permitted include accountants; architects; artists and artisans; attorneys; computer software and multimedia-related professionals; consultants; engineers; planners; fashion, graphic, interior, and other designers; insurance, real estate, and travel agents; and photographers.

Each live-work unit shall have an adequate and clearly defined working space, constituting a maximum of not less than 50% of the gross floor area of the live-work unit. Each unit must also be equipped with a kitchen with a stove and oven, and an enclosed bathroom containing a bathroom sink, toilet, and shower.

A maximum of four employees (the unit owner and three employees) may be permitted to work in the unit at any given time.

A live-work unit may be in a separate building by itself or in a building with a combination of other uses. When combined with other uses in a mixed-use building, it is considered a residential use.

(18)

B18, Traditional townhouses. A type of residential development comprised of attached single-family dwellings, each separated from all adjacent dwellings by separation walls reaching from foundation to roof to exterior walls, with each dwelling having one or more private exterior entrances.

All traditional townhouses shall front on a public or private street.

All units shall have a rear entry garage accessed from an alley.

A row of traditional townhouses shall not exceed six dwelling units.

All required unit parking areas shall be accessed from an alley and shall not be permitted on public or private streets.

The overall structure of traditional townhouses shall not be permitted with one common roofline, equal front yard setbacks, and equal real yard setbacks.

The appearance of the front and rear facade of the building shall create architectural interest by varying unit width or height, providing a variety of exterior building materials, differing entrance and window characteristics, or varying the rooflines.

Whenever this use is adjacent to a nonresidential use, a buffer zone with a minimum width of 15 feet shall be provided.

Exterior walls and windows of dwelling units located within 100 feet of any arterial road shall have a sound transmission classification (STC) of at least 55 when tested in accordance with ASTM standard E-90.

Institutional uses.

C1, Cemetery: any land or structure used or intended to be used for the interment of human remains.

Minimum lot size: five acres.

Lot coverage for accessory buildings: no more than 10% of the entire area, to a maximum of five acres, may be devoted to aboveground buildings.

Minimum setback standards.

For all buildings, burial plots, burial plot markers or monuments mounted flush with ground:

Front setback: one-half the distance from the street line of each street on which the lot abuts, or 35 feet, whichever is greater.

Side yard: 35 feet each side.

Rear yard: 35 feet.

For all aboveground burial structures: 100 feet from all property lines and the street line.

An area may be provided for aboveground burial and for graves with monuments and headstones. Such area shall be contiguous and shall not exceed 10% of the total area devoted to burial.

If the cemetery area exceeds 50 acres, one dwelling to be used for custodial personnel may be permitted. If the cemetery area is less than 50 acres, there shall be no dwelling thereon.

Design standards.

All grave markers shall be flush with the surface of the ground except in a designated area where monuments and headstones are permitted. The Board of Supervisors shall approve the designated areas at the time the plan is approved.

Maximum height of monuments, headstones, grave markers: four feet.

Maximum height of mausoleums, columbariums and other burial structures: 15 feet.

Maximum height of accessory buildings, including dwelling unit where permitted: 35 feet.

Entrance features, including gates, fountains, statuary, identification signs and the like.

There shall not be more than two identification signs at each entrance, and the same shall conform to applicable sections in Article VII, Signs.

The main portion of entrance features shall be located at least 10 feet from the nearest street line of any public street.

No such entrance features shall exceed 12 feet in height.

Access and circulation. Where interior roads are provided, they shall be paved according to Township standards, shall have a minimum width of 12 feet if one-way, and 20 feet if two-way. There shall be no dead-end roads, unless provided with a turnaround with at least a fifty-foot center-line radius.

The sprinkling of ashes or burial of ashes in a biodegradable container on the grounds of a place of worship or their placement in a columbarium on the property of a place of worship shall not constitute the creation of a cemetery.

Nothing in this section shall exempt a licensed funeral home or cemetery from any applicable zoning regulation.

The following uses shall be included in the approval of a cemetery without further zoning approval being required: all uses necessarily or customarily associated with interment of human remains, benches, ledges, walls, graves, roads, paths, landscaping, and soil storage consistent with federal, state, and local laws on erosion sediment control.

Mausoleums, columbaria, places of worship, administrative offices, and maintenance and storage areas that are shown in an approved plan for the specific cemetery obtained at the request of the owner shall not require additional zoning approval provided such structures and uses are developed in accordance with the original approval.

Design review. Architectural plans of aboveground structures over 200 square feet shall be submitted to the Township Planning Commission for design review.

Crematorium as accessory use.

Permitted by special exception.

The crematorium must clearly be incidental and subordinate to the principal use.

Shall comply with the requirements as the set forth in § 370-305C(2).

C2, Crematorium: an establishment with one or more cremation chambers used for the act of cremation and reduction of the human body by heat or chemical treatment. As a principal use, crematoriums shall comply with the following provisions:

Crematoriums shall be established as either for human or pet purposes, but not both.

Crematoriums may accept bodies from multiple funeral home clients.

Delivery of remains for cremation shall be in the rear of any crematorium, and screening vegetation shall be provided along rear and side lots lines. Crematoriums shall not be used for the disposal of any waste materials.

Crematoriums shall not emit any visible air emissions nor generate odors which are discernible beyond their lot lines.

The applicant or applicant's representative for a crematorium shall make a presentation to the Planning Commission on the proposed cremation equipment, including emission control devices and chimney stack height. Such presentation shall include plans for ongoing emissions monitoring and performance testing and documentation that all emissions fall within accepted industry practices and meet all applicable state or federal air quality standards.

Crematoriums shall be constructed, installed, operated, and maintained in accordance with all manufacturers' specifications and all applicable federal, state, and local permits, and ordinances, as amended.

Prior to the issuance of a certificate of occupancy for any crematorium, the operator shall provide documentation to the Township that all applicable federal, state, and local permits have been obtained.

Crematoriums may provide a room(s) for private viewing of the cremation by member of the deceased's family, but may not be used to conduct public or private funeral home services.

The applicant shall identify and provide copies of any certifications that will be required to operate the crematorium, both from a facility standpoint and an operator's standpoint.

Any additional standards or operation requirements that are needed to protect the public health, safety, and welfare or to address unique characteristics of a particular site as defined by the Township shall be complied with by the landowner and/or developer and crematorium operator and owner.

Crematorium as accessory use.

Can be an accessory use permitted by special exception to both C1, Cemetery, and E45, Funeral home or mortuary uses.

The crematorium must clearly be incidental and subordinate to the principal use.

C3, Hospital: an establishment regulated and licensed by the Pennsylvania Department of Health and similar facilities engaged primarily in providing diagnostic services, and extensive medical treatment and training, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care of the sick and injured. May include on-site accessory clinics and laboratories, accessory retail uses, and an approved helipad area.

Primary access shall be taken from a Township-classified arterial street. An access shall neither be located closer than 150 feet to any existing driveway nor across from any existing structure such that headlight glare will not illuminate the existing structure.

C4, Library or museum: a facility open to the public or connected with a permitted educational use and conducted as a nonprofit business.

C5, Municipal use: all Township-owned buildings and land, including open space and parkland, structures and uses, including but not limited to governmental offices; garages for the storage of tools, equipment, and vehicles; Township-sponsored police and emergency services, including those volunteer fire departments and emergency services departments which are partially or wholly funded by the Township; and the use of land for recreation and stockpiling of materials used by the Township in its Township functions.

The provisions of this chapter with respect to lot area, lot width, yard regulations, coverage regulations, height regulations, parking and any and all other regulations or requirements of this chapter (with the exception of those of the Floodplain Conservation District) shall not be applicable to any municipal use(s) of the property. Unless specifically excluded, municipal use of any property shall be deemed to be a permitted use within any district.

Any use, other than a municipal use, that is located on a Township-owned property or leased to a tenant by the Township and located on a Township-owned property, shall comply with the following:

The use is subject to and shall comply with all requirements of the district in which it is located.

C6, Nursing home: a nursing facility or convalescent home with high-level medical care provided by trained individuals and skilled nursing with intermediate care facilities operated for profit and nonprofit as defined in Articles IX and X of the Public Welfare Code, Act 21, of June 13, 1967, as amended.[5] It shall be regulated and licensed by the Pennsylvania Department of Health. The nursing home provides health care to individuals who, by reason of advanced age, chronic illness, or disabilities, including individuals suffering from dementia/memory care or Alzheimer's disease and related conditions, are unable to care for themselves. Services can be necessary over the short term for rehabilitation from an illness or injury, or required over the long term for patients who need care on a frequent or around-the-clock basis due to a chronic medical condition.

Site characteristics.

Served by approved public water and sewer facilities.

The site shall be located within a fifteen-minute driving radius of a hospital or other major medical facility.

Site access. The use must take access by either a Township-classified collector or arterial street as defined in the Subdivision and Land Development Ordinance regulations.[6]

Editor's Note: See Ch. 305, Subdivision and Land Development.

Each nursing home facility must provide an outdoor sitting area which must be landscaped. The sitting area must be properly situated in terms of the microclimate (no extreme southerly exposure) and shall not be located on land subject to flooding or on slopes over a grade of 5%.

This use shall not include a hospital or personal care facility type use that includes areas devoted to the care of individuals under psychiatric care and/or areas where individuals are detained or otherwise confined and/or committed by either self- or court-appointed means.

This use shall also include a personal care/assisted living facility licensed by the Department of Public Welfare. All requirements relating to the nursing home use shall be met by such facility.

Editor's Note: See 62 P.S. §§ 901 through 1080.

C7, Assisted living/personal care facility: a premises regulated and licensed by the Pennsylvania Department of Health, in which food, shelter, and personal assistance or supervision are provided for a period exceeding 24 hours, for four or more adults who are not relatives of the operator, who do not require the services in or of a licensed skilled nursing care/long-term care facility, but who do require assistance or supervision in activities of daily living or instrumental activities of daily living.

Site characteristics.

Served by approved public water and sewer facilities.

The characteristics of the site and its design are such that it will not be detrimental to adjacent existing uses.

The site shall be located within a fifteen-minute driving radius of a hospital or other major medical facility.

Site access. The use must take access by either a Township-classified collector or arterial street as defined in the Subdivision and Land Development Ordinance regulations.

C8, Recreational facility/community center: a recreational, educational, social, cultural, or other similar facility, operated by a public or nonprofit group or agency. Uses include, but are not limited to, an assembly hall or community building, indoor recreational establishment, wellness center, health club, library, child-care center, municipal use.

The use shall be conducted as a nonprofit business.

Dining services and/or the service of alcoholic beverages shall not be part of the regular activities at the facility.

No outdoor active recreation area shall be located nearer to any lot line than the required front yard depth.

Outdoor recreation areas shall be sufficiently screened and insulated so as to protect the neighborhood from inappropriate noise and other disturbances.

Community centers must take primary access by either a Township-classified collector or arterial street as defined in the Subdivision and Land Development Ordinance regulations.

C9, Continuing care retirement community (CCRC): an age-restricted development, licensed by the Insurance Department of the commonwealth in compliance with the Continuing Care Provider Registration and Disclosure Act,[7] that provides a continuum of accommodations and care, from independent living to long-term bed care.

Site characteristics.

Served by approved public water and sewer facilities.

The characteristics of the site and its design are such that it will not be detrimental to adjacent existing uses.

A CCRC may include the following uses:

Use C6, Nursing home.

Use C7, Assisted living/personal care facility.

Site access. The use must take primary access by either a Township-classified collector or arterial street as defined in the Subdivision and Land Development Ordinance regulations.

Internal streets. Safe and convenient vehicle access shall be provided to internal streets sufficient to accommodate residents, staff, guests, and support services.

Residents must be at least 55 years of age, except that spouses or partners of residents may be less than 55 years old, and except that residents of younger age may be permitted if they need such care because of physical disabilities.

Because a CCRC permits multiple buildings and uses on a single lot, development may be phased, and each phase may be submitted as a separate land development.

If a residential independent living component is included in the CCRC, it shall be functionally, physically, and architecturally integrated with medical services, recreational activity, and accessory uses.

This use shall not include care of individuals under primary psychiatric care and/or areas where individuals are detained or otherwise confined and/or committed by either self- or court-appointed means and/or rehabilitation services for substance abuse or criminal activity.

Editor's Note: See 40 P.S. § 3201.

C10, School: primary and secondary public, religious, sectarian, and nonsectarian, denominational, or private school (including charter schools) meeting the requirements of the Commonwealth of Pennsylvania, but excluding privately operated schools of trade, avocation, or business. Development standards include:

Shall be serviced by public water and sewer facilities.

The use must take access by either a Township-classified collector or arterial street as defined in the Subdivision and Land Development Ordinance regulations.[8]

Editor's Note: See Ch. 305, Subdivision and Land Development.

The access drives to any school shall be located in such a manner that any increased traffic will not be directed upon roads where farm equipment is frequently mobilized from one field to another over public roads.

Buffer standards shall create a well-defined separation between adjoining land uses and the school in accordance with § 370-806.

C11, Place of worship: a structure referred to as a church, synagogue, temple, mosque or other facility that is used for worship. A special, multipurpose building that is architecturally designed, modified, or converted and particularly adapted for the primary use of conducting, on a regular basis, worship services and instruction for a religious congregation.

A place of worship may contain a sanctuary or main worship space; allow for traditional religious instruction, meetings, social events, religious day schools and day care; church offices and residence by an officiating clergyman are permitted, and other activities directly related to religious use.

The use must take access by either a Township-classified collector or arterial street as defined in the Subdivision and Land Development Ordinance regulations.

Office uses.

D1, Professional or business office: a building or space where services are provided by a professional, such as an attorney, accountant, architect/engineer and/or business/management service and similar services. This use does not include medical, dental, or veterinary uses.

D2, Veterinary office: office and indoor medical treatment facilities used by veterinarians, including large and small animal veterinary clinics, and animal hospitals. May include a lab, radiology, pharmacy, rehabilitation, temporary boarding of sick animals, and other similar services as accessory uses.

Outside kennels are not permitted.

D3, Medical service, clinic, urgent care: a facility other than a hospital, where medical, mental health, surgical and other personal health services needing immediate attention are provided exclusively on an outpatient basis. May include an in-house lab, radiology, pharmacy or other facilities of the same nature. The use operates beyond standard medical office hours and may provide emergency treatment.

D4, Research and development lab: an establishment for conducting investigations in the natural, physical, or social sciences or engineering and development. Outside chemical storage tanks, fractionating or distilling towers and similar structures are prohibited.

D5, Medical service - physician's office: a facility other than a hospital where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis, by primary practitioners and/or medical specialists by appointment (for example, chiropractors, dentists, physicians, nurse practitioners, optometrists, prescription opticians, psychiatrists, rehabilitation therapists, etc.). May include a lab, radiology, pharmacy, rehabilitation, and other similar services as accessory uses.

Counseling services by other than medical doctors or psychiatrists are included under use D1, Professional or business office.

D6, Medical services integrated medical health center: a medical wellness facility other than a hospital, where medical, mental health, surgical and other personal health services are provided on an outpatient basis, and which may be directly affiliated with a hospital or medical complex, and open to the public as well as referred patients. In addition to exam rooms and physician offices, the facility may provide education and equipment for physical rehabilitation, fitness, and wellness, contain outpatient surgical suites, and other incidental and subordinate uses (small-scale retail and food operations).

Retail/commercial and consumer uses.

E1, Adult-oriented business: any adult- or sexually oriented businesses, including any business establishment that regularly features live performances, which are designated by or characterized by an emphasis on the exposure of the genitals or buttocks of any person or the breasts of any female person, or specified sexual activities that include the exposure of the genitals or buttocks of any person or the breasts of any female person, or any business whose primary purpose is the sale or display of matter which, because of its sexually explicit nature, may, pursuant to the state law or other regulatory authority, be offered only to persons 18 years of age or older.

ADULT COMMERCIAL BOOKSTORE

Adult-oriented business may include an adult arcade, adult novelty store, adult bookstore, adult cabaret, adult motion-picture theater, or adult visual materials or video store as defined in this section. Adult-oriented business includes any use, regardless of how named or advertised that is of a character like or similar to the uses and businesses described herein. An adult commercial store, adult entertainment cabaret, adult movie house and other adult uses are defined below.

ADULT ARCADE

Any place in which the public, or a private member, is permitted or invited wherein coin-operated or slab-operated or electronically, electrically, or mechanically controlled still or motion picture or video machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by depicting or describing or relating to specified sexual activities or specified anatomical areas.

Adult bookstore is an establishment with more than 15 square feet of floor area devoted to the display, selling and/or rental of pornographic materials, which are digital pictures, drawings, photographs, videotapes or other depictions or printed matter and paraphernalia, which if sold knowingly to a minor under 18 years of age would violate the criminal laws of the Commonwealth of Pennsylvania in effect at the same time.

ADULT ENTERTAINMENT CABARET

A public or private establishment which is licensed to serve food and/or alcoholic beverages, which features topless dancers, strippers, impersonators, or similar entertainers, or similar establishments to which access is limited to persons 18 years of age or older.

ADULT VIDEO/MOVIE HOUSE

An enclosed building used regularly and routinely for presenting, displaying, or exhibiting sexual matter for observation by patrons therein or similar establishment to which access is limited to persons 18 years of age or older.

ADULT VISUAL MATERIALS OR VIDEO STORE

A building or portion thereof used by an establishment having not less than 10% of its actual display area devoted to stock-in-trade for sale or rental to the public or any segment thereof consisting of print, analog, digital, electronic, other publications, films, video cassettes, or any combination thereof which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas hereinafter defined.

OTHER ADULT USES

Any business, activity or use, similar to or of the same general nature as the uses listed above.

Locational and setback requirements.

The use must be in a freestanding building.

The building or structure of such use shall be located no less than 1,000 feet from any residential use or district or from any public or private school, church, recreation facility, camp, riding academy, miniature golf, nonadult arcade or any other religious, institutional, or educational use or any retail or commercial use frequented by persons under 18 years of age as measured the from building or structure listed above to the building containing the adult commercial use.

No such use shall be located within 2,000 feet of a similar use.

No materials sold within shall be visible from any window, door, or exterior of the building.

No person under the age of 18 years of age shall be permitted within an adult commercial store or sold pornographic material.

Standards.

Screening and buffering. Along each side or rear property line a buffer planting not less than 30 feet in depth shall be provided. Along each street line a fifteen-foot in depth buffer planting shall be provided, including sidewalks and accessways. For buffer requirements, see the Subdivision and Land Development Ordinance.[9]

Editor's Note: See Ch. 305, Subdivision and Land Development.

Storage and disposal: as specified in § 370-807.

Performance requirements: as specified in § 370-814.

E2, Automotive body repair and paint shop: a facility for auto body repair, painting or upholstering, sale or rebuilding of engines, radiator repair or steam cleaning, body and fender shop, and similar use, provided that:

All outdoor storage areas must be screened.

All services are conducted within the confines of the building.

E3, Financial establishment: including a bank, savings and loan association, credit union or other similar financial establishment.

Where a drive-through window is proposed, standards for an accessory drive-through use shall also be met.

Financial establishment does not include a check-cashing or bail bond establishment as the primary financial service.

E4, Motor vehicle service station: an establishment for the sale of vehicular fuels, such as gasoline, diesel, or compressed natural gas, or the sale of electrical energy for vehicles, and the sale and installation of lubricants, tires, batteries, general automotive repair, and similar automotive accessories. Services do not include paint spraying and body and fender work. Service station does not include any facility primarily devoted to sale of major auto accessories or car washing.

That the facility is connected both to public water and public sewer systems and that all services are conducted within the confines of the lot.

All activities other than the sale of fuel must be performed within an enclosed building.

All motor fuel or filling hoses cannot be installed in any required yard setback.

No vehicle may be parked except subject to restrictions set forth in the off-street parking regulations.

There shall be a minimum lot width of 200 feet at the street line.

The total height for any overhead canopy shall not exceed 20 feet.

The sale or rental of automobiles, trucks, trailers, or other vehicles shall be prohibited.

A motor vehicle service station with an accessory car wash facility shall be located on a lot containing a minimum of two acres.

The lot on which the motor vehicle service station is located has direct access to a four-lane roadway (two lanes in each direction).

Except for electric vehicle charging stations, a canopy must be provided over the fuel pumps. The canopy must be designed as a hip or gable roof.

All fuel tanks shall comply with Environmental Protection Agency (EPA) and Pennsylvania Department of Environmental Protection (DEP) regulations for such tanks.

All outdoor storage areas must be screened.

Motor vehicle service stations, use E-4, shall be permitted only in the BZ District south of Street Road.

E5, Automobile sales: the sale, lease or rental of new or used automobiles, trucks (not exceeding a hauling capacity of 0.75 ton) and motorcycles.

Display and storage of automobile areas shall be set back 15 feet from all property lines.

Automobile repair work shall be permitted as an accessory use and must be performed within an enclosed building.

Storage other than automobiles is prohibited in the front yard.

E6, Automotive repair: an establishment for the repair of automobiles, motorcycles and ATVs. Repair may include rebuilding or reconditioning of engines, transmissions or other systems. Services do not include paint spraying and body and fender work. The use does not include any facility primarily devoted to sale of major automotive accessories or car washing.

The facility shall be connected both to public water and public sewer systems and all services are to be conducted within the confines of the lot.

All activities, including repair work, must be performed within an enclosed building.

No retail sale of motor fuel is permitted, and no motor fuel or filling hose may be installed in any required yard setback.

No vehicle may be parked except subject to restrictions set forth in the off-street parking regulations. No vehicles may be parked on a public street.

There shall be a minimum lot width of 200 feet at the street line.

The sale or rental of automobiles, trucks, trailers, or other vehicles shall be prohibited.

The lot on which the motor vehicle service station is located has direct access to minimum four-lane roadway (two lanes in each direction).

All outdoor storage areas must be screened completely by a fence or plantings at least six feet high.

Storage is prohibited in the front yard.

Automotive repair facilities shall only be permitted in the BZ Business Zone District, south of State Route 0132 (Street Road), and the J Junkyard District.

E7, Truck repair and sales: trucks (commercially classified), heavy equipment, farm equipment, boats, and recreational vehicles repair and sales. Repair may include rebuilding or reconditioning of engines, transmissions or other systems of trucks, heavy equipment, and farm equipment or trailers.

Display and storage of automobile areas shall be set back 15 feet from all property lines.

All repair work shall be performed within an enclosed building.

Storage is prohibited in the front yard.

Rental of trucks, automobiles and other vehicles shall be permitted.

Only trucks over three-fourths-ton hauling capacity may be sold.

E8, Car wash: a facility for washing automobiles.

A car wash shall include a water recycling facility.

Car washes shall be designed with a stacking area as specified under the standards for an accessory drive-through use.

Shall be located on a lot containing a minimum of two acres.

Car wash, use E-8 shall be permitted only in the BZ District south of Street Road.

E9, Restaurant: eating place for the sale and consumption of food and/or beverages without drive-through service.

All food and beverages served by waiters and waitresses are to be consumed inside or in an approved area of the building while patrons are seated at counters and tables.

Sale of alcoholic beverages must be incidental and subordinate with the sale and consumption of food as per an "R" type of license as issued by the PA Liquor Control Board.

All such restaurants shall provide a trash storage area that shall be screened from the street and adjacent properties in accordance with this chapter.

Restaurants with live entertainment are permitted, provided that no such facility shall be located within 150 feet of a residentially zoned district.

Restaurants with outdoor eating area shall meet the standards of § 370-305H(11).

Accommodations shall be made for take-out and delivery services such as a reserved parking space or lane for delivery vehicles.

E10, Restaurant, fast-food: eating place which utilizes an inside window, service area or cafeteria line where customers place their orders and food is served for consumption at seating areas within the building or on the premises and for customer take-out service.

here a drive-through window is proposed, standards for the accessory drive-through use shall be met.

Trash receptacles shall be provided outside the restaurant for patron use.

E11, Bed-and-breakfast: an establishment in which overnight accommodations and a breakfast meal are provided. The facility shall be in a building converted or designed for such use and operated by resident owners.

Such use shall be accessory only to a single-family detached dwelling.

The maximum number of guest rooms shall be five.

There shall be no show windows for display or advertising visible outside the premises to attract guests, other than a single, nonilluminated sign which may not exceed four square feet.

Nonresident employees shall be limited to two in addition to the resident members of the family.

No external alterations, additions or changes to the exterior structure shall be permitted, except as required by the Pennsylvania Department of Labor and Industry or for safety reasons as required by any other governmental agency. Fire escapes or external stairways shall be located either to the rear or to the side of the residence.

There shall be no separate kitchen or cooking facilities in any guest room. Food served to guests on the premises shall be limited to breakfast and afternoon tea only. There shall be no restaurant facilities on the premises open to the public.

The maximum continuous length of stay at a bed and breakfast shall be 14 days.

The use of any outdoor amenities provided on the premises, such as a swimming pool or tennis court, shall be restricted to the owner and their guests and to the guests of the establishment. If the outdoor amenities are within 100 feet of a property line, an evergreen hedge or row of evergreen trees or similar screening shall be planted along the property line, which will block the view of the outdoor amenity from the adjacent property.

A zoning permit shall not be granted unless the applicant has obtained a valid Bucks County Department of Health permit for this intended use. If the proposed use is to be served by a public water and sewage system, the applicant shall submit documentation from the servicing authority that adequate service is available for the proposed use.

The standards of the Pennsylvania Department of Labor and Industry for all improvements shall be met and proof of compliance shall be provided to the Township.

E12, Camps or private recreation areas: an indoor or outdoor recreational facility operated as a gainful business, which may include a pool, games, courts, fields, a campground, a skate park, a golf driving range, chip and putt golf, or miniature golf:

Minimum lot size: five acres.

Maximum height: 35 feet. Structures under 35 feet shall be permitted by right. Structures over 35 feet, such as zip lines, shall be permitted as a conditional use.

No outdoor active recreation area for any recreational use shall be located nearer to any lot line than 100 feet.

Outdoor play areas shall be screened with a planted buffer meeting ordinance requirements.

(13)

E13, Outdoor entertainment: outdoor entertainment and recreation facilities operated as a gainful business, including, but not limited to, miniature golf, an outdoor skating rink, a golf driving range, an outdoor go-cart track, or an outdoor firing range/gun club.

Lighting facilities provided shall be arranged in a manner which will protect highway and neighboring properties from direct glare or hazardous interference.

The buffer requirements of this chapter shall be met.

Specific requirements for miniature golf courses, chip and putt course, batting cages, or skate parks:

Use shall have its lot frontage on and take access from an arterial highway, as defined in the Township ordinances.

Minimum lot frontage: 200 feet.

Minimum lot area: three acres.

Height limit of 35 feet shall apply to all structures, buildings, and facilities.

Specific requirements for golf driving range:

A golf driving range shall have its lot frontage on and take access from an arterial highway, as defined in the Township ordinances.

Minimum lot area: 25 acres.

Minimum lot frontage: 200 feet.

Height limit of 35 feet shall apply to all structures, buildings, and facilities.

Specific requirements for target range/gun club:

The use shall fully comply with the noise standards of Chapter 214, Nuisances.

The use shall clearly not result in a hazard to life or property.

The use shall be completely fenced in and be properly marked.

The use shall be located a minimum of 1,000 feet from the lot line of any existing residential use or residential district.

The use shall comply with National Rifle Association standards and other applicable federal, state, and local regulations.

All outdoor target ranges shall have an earthen barrier behind the target area which is of sufficient height and thickness to adequately provide for the safety of the public.

An indoor firing range shall be permitted as an incidental and subordinate use, provided that it is part of a firing range/gun club with an outdoor component. An indoor firing range shall meet all state and federal safety standards.

Flying model airplane clubs, trap, skeet, outdoor firearm, rifle or archery ranges, and similar uses shall observe the following standards:

Minimum lot area: 10 acres. Lot area shall be sufficient to accommodate the proposed activities so that no airplanes, bullets, arrows, etc., will go off site.

No area used for such purposes shall be located closer than 200 feet to any lot line.

Any facility that allows the discharge of a firearm of any type shall comply with all applicable safety guidelines and shall provide certification from a qualified professional that all applicable safety standards have been met in the facility design.

(14)

E14, Repair shop: repair shop for appliances, watches, guns, bicycles, locks, small business machines and other light equipment, but not including automobiles, motorcycles, trucks and heavy equipment.

All operations associated with this use are to be conducted entirely within a building.

(15)

E15, Retail/store, trade and service: an establishment engaged in the retail sales of commodities, goods, or merchandise to the general public, businesses and institutions, and rendering services incidental and subordinate to the sale of such goods.

No single structure or use shall contain more than 35,000 square feet of building area.

Tractor trailers, cargo boxes, or other vehicles or structures meant to be transportable shall not be used as accessory buildings or structures for storage. These shall be loaded or unloaded within 48 hours and shall not remain on a lot beyond this period of time. The Zoning Officer may approve of temporary storage, up to 60 days, for seasonal products in an area screened from view.

The facade or side of any structure facing an abutting residential use shall comply with the requirements in § 305-329 of the Subdivision and Land Development chapter and shall not contain any loading docks, trash containment areas, and outside work areas.

(16)

E16, Golf course: golf course (not including miniature golf course), including clubhouse, restaurant, and other accessory uses, provided that these are clearly accessory to the golf course: including pitch-and-putt courses, but not driving ranges or miniature golf courses.

Minimum lot area: 30 acres.

No building shall be closer than 100 feet to any lot line.

Containment structures (such as appropriate netting) shall be required, if necessary, to prevent stray golf balls from interfering with adjacent private property or public street line.

Storage of pesticides and chemicals shall comply with all applicable federal, state, and local regulations.

No overnight outdoor storage of equipment or carts.

(17)

E17, Private club or lodge: a private club or lodge established for the fraternal, social, educational, civic, or cultural enrichment of its members, whose members meet certain prescribed qualifications for membership and pay dues.

The use shall not be conducted as a for-profit business.

The use shall be for members and their authorized guests only.

No outdoor active recreation area shall be located nearer to any lot line than the required yard setback.

Outdoor recreation areas shall be sufficiently screened and insulated so as to protect the neighborhood from inappropriate noise and other disturbances.

(18)

E18, Hotel/motel: a building or group of buildings offering transient lodging accommodations to the general public and containing guest rooms for rent on a daily basis or extended stay.

Minimum lot size shall be three acres.

The minimum building setback shall be 75 feet from all property lines that are adjacent to a residential district or a residential use. Appropriate buffering and planting shall be provided between the property line and the building setback line to provide reasonable residential privacy and screening.

May contain accessory restaurant facilities, conference and banquet facilities, meeting rooms, and recreation facilities.

(19)

E19, Mini warehouses: warehouse or storage units available for lease to the general public for the purpose of storage of personal property and articles commonly associated with residential properties.

The storage facilities shall be surrounded by a security fence or wall at least eight feet in height of a type approved by the Township.

Outdoor storage of automobiles, boats, trailers, and recreation vehicles is permitted if they are within the fenced area and not visible from any public street or from any other lot. Parked vehicles shall not interfere with traffic movement through the complex and shall not be located within any required yards or setbacks.

The storage area shall be screened from any adjacent streets or properties.

One office and dwelling unit is permitted as an accessory use to provide for a full-time caretaker.

Requirements for lease restrictions:

No business activities other than leasing of storage units shall be permitted.

No explosive, toxic, radioactive, or highly flammable materials shall be stored on the property.

No unit shall be used as a distribution point for goods.

(20)

E20, Limited-access self-storage facility: a multistory, climate-controlled building used primarily for self-storage, containing separate lockers/storage areas and where both business and residential customers directly access their lockers/storage areas subject to certain restrictions set by the operator of the facility. A limited-access self-storage facility shall be subject to the following requirements:

All storage shall be performed in a completely enclosed building via one or more loading areas and/or doors.

No exterior doors shall be used for direct storage except on the side of the building where the loading areas are located and so long as such doors are not adjacent to residential homes. However, doors shall be permitted to access the office/retail portion of the building, the loading areas, and the common areas of the building and for emergency access.

No outside storage.

The property shall have direct frontage and access on an arterial road.

A security gate shall be provided that restricts access to the loading areas.

A rendering, architectural building elevations, or photo of the proposed building shall be provided to the Township and approved by the Board of Supervisors.

(21)

E21, Fireworks.

The following definitions shall apply to this section:

CONSUMER FIREWORKS

Any combustible or explosive composition or any substance or combination of substances intended to produce visible and/or audible effects by combustion and which is suitable for use by the public that complies with the construction, performance, composition and labeling requirements promulgated by the Consumer Products Safety Commission in 16 CFR (relating to commercial practices) or any successor regulation and which complies with the provisions for "consumer fireworks" as defined in the American Pyrotechnics Association (APA) Standard 87-1, including but not limited to §§ *3.1 and *3.5, or any successor standard. The term does not include devices such as "ground and handheld sparkling devices" as defined in APA Standard 87-1, § *3.1.1, "novelties" as defined in APA Standard 87-1, § *3.2, or "toy caps" as defined in APA Standard 87-1, § *3.3.

DISPLAY FIREWORKS

Large fireworks to be used solely by professional pyrotechnicians and designed primarily to produce visible or audible effects by combustion, deflagration or detonation. The term includes but is not limited to: salutes that contain more than two grains or 130 milligrams of explosive materials; aerial shells containing more than 60 grams of pyrotechnic compositions; and other display pieces that exceed the limits of explosive materials for classification as consumer fireworks and are classified as fireworks UN0333, UN0334 or UN0335 under 49 CFR 172.101 (relating to purpose and use of hazardous materials table). Defined as more fully set forth in 27 CFR 555.11 (Meaning of terms), which is incorporated herein by reference which met the types of display fireworks devices as set forth in the APA Standard 87-1, § *4.1 which comply with the requirements for display fireworks set forth in APA Standard 87-1.

FIREWORKS

Any composition or device for the purpose of producing a visible or an audible effect for entertainment purposes by combustion, deflagration or detonation that meets the definition of 1.4G fireworks or 1.3G fireworks as set forth in the 2003 International Fire Code, including, but not limited to, those compositions or devices defined in APA Standard 87-1.

NOVELTIES

Articles of trade having amusement value and whose appeal is often transitory, and which is limited to those items for sale described in American Pyrotechnics Association (APA) Standard 87-1, § *3.2.

OCCUPIED STRUCTURE

A structure, vehicle or place adapted for overnight accommodation of persons or for conducting business, whether or not a person is actually present.

OUTDOOR STORAGE UNIT

A consumer fireworks building, trailer, semitrailer, metal shipping container or magazine meeting the specifications of NFPA 1124.

Sale of consumer fireworks: permanent facility.

The sale of consumer fireworks from a permanent facility shall be permitted by special exception in the PI-1 Planned Industrial 1, PI-1A Planned Industrial 1A, and PI-2 Planned Industrial 2 Districts, subject to compliance with all of the following specific regulations as well as the general provisions regarding special exceptions in § 370-1107:

Such use shall be located no closer than 250 feet from any property where gas, propane or other flammables are sold or dispensed.

Such use shall be located at least 1,500 feet from another licensed facility.

No display fireworks shall be stored or located at the facility.

There shall be security personnel on the premises for the seven days preceding and including July 4 and for the three days preceding and including January 2.

The facility shall be a stand-alone, permanent structure.

Storage areas shall be separated from wholesale or retail sales areas to which a purchaser may be admitted by appropriately rated fire separation.

All land development plans for construction, use or renovation of an existing building for the purpose of selling fireworks shall be reviewed by the Code Enforcement Officer for compliance with the Pennsylvania Construction Code Act[10] and all required fire safety codes, including, but not limited to, the International Fire Code, and their comments and/or report shall be copied to the Warrington Township Fire Company, Planning Commission, and the Board of Supervisors.

[10]

Editor's Note: See 35 P.S. § 7210.101 et seq.

[h]

A building permit shall be required for the construction, use or renovation of any building to be used for the sale of fireworks, and no such building shall be occupied or used for that purpose unless and until a certificate of occupancy for that use shall have been issued.

[i]

Sale of fireworks shall be subject to compliance with all provisions of Pennsylvania Act 43 pertaining to the sale thereof. Hours of operation shall be confined from 9:00 a.m. to 10:00 p.m. The facility shall have a monitored burglar and fire alarm system.

[j]

All sales of consumer fireworks shall be conducted only within a facility approved by the Pennsylvania Department of Agriculture pursuant to the Pennsylvania Fireworks Law.[11]

[11]

Editor's Note: See 3 Pa.C.S.A. § 1101.

[k]

All sales of consumer fireworks, as defined herein, shall be conducted only from a facility exclusively dedicated to the storage and sale of fireworks.

[l]

Storage of consumer fireworks shall be permitted only as an accessory use to the sale of consumer fireworks on the premise.

[m]

All land development plans shall comply with the requirements of the Subdivision and Land Development Ordinance.[12]

[12]

Editor's Note: See Ch. 305, Subdivision and Land Development.

Permanent structures.

The facility from which consumer fireworks are sold shall comply with the lot dimensional and area requirements in §§ 370-429, 370-430, and 370-431 and the parking regulations set forth in § 370-603, including but not limited to, setbacks and buffers.

Temporary structures shall not be permitted.

(22)

E22, Microbrewery, microwinery, microdistillery: a facility in which beer, wine, or other alcoholic beverages are brewed, fermented, or distilled for distribution and consumption, and which possesses the appropriate license from the Pennsylvania Liquor Control Board and produces less than 15,000 barrels per year (a barrel is approximately 31 gallons). It may include a tasting room and retail space to sell the product to patrons on the site. On-site consumption may occur in a tap room or in a permitted outdoor dining area.

Outdoor dining areas shall be in accordance with the accessory outdoor eating area use standards.

(23)

E23, Brewpub: an eating place (without drive-through service) in conjunction with a facility in which beer, wine, or other alcoholic beverages are brewed, fermented, or distilled for distribution and consumption, and which possesses the appropriate license from the Pennsylvania Liquor Control Board.

Outdoor dining areas shall be in accordance with § 370-305H(11).

(24)

E24, Tavern/bar: an establishment which serves alcoholic beverages for on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board. The sale of food shall be incidental and subordinate to the primary use.

No such use shall be within 500 feet of a house of worship, a state-licensed child-care facility, an elementary school, or a public education facility that serves persons under the age of 17.

A tavern with live entertainment shall not be located within 150 feet of any residentially zoned district.

The gross square footage of a tavern/bar shall not exceed 1,500 square feet.

(25)

E25, Nightclub: an establishment which provides live entertainment or disc jockey and may serve alcoholic beverages for on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board. The sale of food shall be incidental and subordinate to the primary use.

No such use shall be within 500 feet of a house of worship, a state-licensed child-care facility, an elementary school, or a public education facility that serves persons under the age of 17.

A nightclub with live entertainment shall not be located within 150 feet of a residentially zoned district.

There shall be no noise or vibration discernible along any property line greater than the average noise level occurring on adjacent streets and properties.

There shall be no nightclub within 500 feet of another nightclub.

Nightclubs shall not remain open after 2:00 a.m.

Outdoor eating or serving of alcohol shall be in accordance with § 370-305H(11).

(26)

E26, Pet day-care and salon. an establishment which provides day-care and hygiene services, including clipping, grooming, and washing of domestic dogs and cats. Accessory retail sales of pet food supplies, gifts, and training aids is permitted.

The facility shall be located within a completely enclosed building which is adequately soundproofed and constructed so that there will be no emission of odor or noise that exceeds the performance standards in § 370-814 of this chapter.

Overnight boarding is not permitted.

No outdoor enclosures or runs are permitted.

Sales of pet-related goods shall not occupy more than 10% of the net floor area dedicated to pet care.

(27)

E27, Smoking lounge: a business establishment that is dedicated, in whole or in part, to the smoking of tobacco products, electronic cigarettes, or other substances, including but not limited to establishments known variously as "cigar lounges," "hookah lounges," "tobacco clubs," "tobacco bars," etc.

Smoking lounges shall cease operations between the hours of 2:00 a.m. and 10:00 a.m.; provided, however, that operations of any smoking lounge located within 150 feet of a residential zoning district must cease operations between 11:00 p.m. and 10:00 a.m.

There shall be no noise or vibration discernible along any property line greater than the average noise level occurring on adjacent streets and properties.

No alcoholic beverages shall be served or consumed on the premises.

Where located on a parcel within 150 feet of a residential zoning district, smoking lounges must include a planted buffer, fence, or other sound barrier adequate to screen adjacent properties from any activity on the premises.

A smoking lounge is not permitted to be located any closer than the following distances from the listed uses:

Residential zoning districts: 150 feet;

Public or private preschool, elementary school, middle school, junior high school or high school: 500 feet;

Township-owned park or recreation facility: 500 feet; and

Another smoking lounge: 500 feet.

(28)

E28. Convenience store with fuel sales. A retail store offering primarily groceries, prepared food items and other small consumer items intended for quick carry-out trade in addition to the sale of motor fuel (such as gasoline, diesel, or compressed natural gas, or the sale of electrical energy for vehicles).

The facility shall be connected to both public water and public sewer systems, and all services shall be conducted within the confines of the lot.

This use shall be permitted in the BZ Business Zone District and the CBD Central Business District located south of State Route 0132 (Street Road). A minimum lot size of four acres is required for six fuel dispensers with 12 fueling positions. Two additional fuel dispensers shall be permitted for each additional acre in lot size. The minimum setbacks shall be: front yard, 60 feet; side yard, 50 feet; and rear yard, 50 feet. The area of the convenience store building shall not exceed 6,000 square feet.

All motor fuel or filling hoses shall not extend into any required yard setback.

All activities, except electric car charging stations, and those activities performed at fuel pumps and air pumps, must be performed completely within an enclosed building.

The following accessory uses and the sale of the following items shall not be permitted: indoor seating, car wash, outdoor seating, outdoor display and/or sale of items (with the exception of prefilled propane exchange tanks of not more than 20 pounds), the sale of alcoholic beverages, motor vehicle service station, automotive repair, aboveground tanks for the sale of petroleum products or other flammable liquids or gases.

Canopies covering fuel pumps shall meet all setback requirements.

Except for electric vehicle charging stations, fuel pumps shall only be located beneath the canopy.

The canopy over the fuel pump shall have a hip or gable roof with ridge lines. No flat roofs or shed roofs are permitted.

The total height for any overhead canopy shall not exceed 20 feet.

Access to the fuel pump area shall be taken from access drives interior to the proposed development only.

Standards of the Pennsylvania Department of Labor and Industry for self-service stations shall be met, and proof of compliance shall be submitted to the Township.

Vehicular fueling positions shall not be counted toward the minimum parking space requirements of this chapter.

Electric vehicle charging stations are encouraged. When electric vehicle charging stations are proposed, such parking spaces shall be located in those areas of the parking lot most remote from the principal building so as to discourage use of the spaces by customers not having electric vehicles. Electric vehicle charging stations shall not be located within the street line and the primary building. The equipment associated with electric vehicle charging stations shall not be mounted on lightposts or bollards.

No drive-through for the sale of convenience items shall be permitted.

The developer shall incorporate design elements such as buffer plantings, sidewalks, fencing, ornamental plantings and other similar features to enhance the aesthetics of the street frontage.

(p)

No vehicle may be stored on the site, and no vehicle may remain on the premises for more than 24 hours.

(q)

The design and materials of trash and dumpster enclosures shall be substantially similar to the design and materials used in the construction of the convenience store. No trash enclosure may be located within any front yard setback area or within 200 linear feet from any principal structure occupied as a single-family detached dwelling.

(r)

Fossil fuel filters and shut-off valves or other devices to safeguard the stormwater system, acceptable to the Board of Supervisors, shall be installed in all stormwater inlets that will accept discharge from the site. The developer shall present a plan that demonstrates the methods by which any spills or liquids will be contained and shall also demonstrate that the stormwater management system is designed to capture volatile organic compounds, oils and solids. The spill containment and prevention systems used shall meet or exceed all federal and state requirements.

(s)

No deliveries or pickup of fuel, inventory, merchandise, foodstuffs, trash or other product shall occur between the hours of 12:00 a.m. and 6:00 a.m.

(t)

The application shall meet the buffering requirements of the Subdivision and Land Development Ordinance.

(u)

Pedestrian routes between the building and fueling areas shall be depicted on the plan and be distinguished by varied paving treatments or striping.

(v)

A maximum of one loading zone shall be required. The minimum dimensions of the loading zone shall be 15 feet in width and 50 feet in length. No dedicated loading berth shall be required for refueling vehicles or refuse collection vehicles. The loading zone may be located within the required setback for accessory structures but must adhere to the parking area setback requirements.

(w)

Except as required by law, there shall be no audio or video advertising or entertainment used exterior to the principal building, including at the pumps.

(x)

There shall be no high-speed diesel fueling stations as part of the use.

(y)

An environmental impact study shall be submitted with the conditional use application that includes an inventory of all private and public wells within 3,500 feet of the property. The study shall also include the anticipated effect of the development on the water supply and watershed along with a list of all safeguards to be used at the facility. The study must also include all requirements of the Subdivision and Land Development Ordinance.

(z)

Architectural drawings for the subject property shall be submitted and reviewed as part of the conditional use review.

(aa)

Information regarding the proposed frequency of deliveries to the property, the type of vehicles that would be making deliveries to the property and the nature of the material to be delivered shall be provided with the conditional use application.

(bb)

The number of shifts and the maximum number of employees expected per shift for the use shall be provided with the conditional use application.

(cc)

The lot or property on which the use is proposed shall not abut a lot or property that contains a residential use.

(dd)

The Board of Supervisors may limit the hours of operation if a residential use is located within 750 feet of the subject property line.

(ee)

A plan showing all proposed signs shall be submitted with the conditional use application.

(ff)

Indoor and outdoor security cameras which can be accessed by the Township Police shall be installed on the convenience store building, the fueling area, and the dumpster shelter.

(29)

E29, Shopping center: a unified complex with two or more retail, sales, service, and/or restaurant tenants sharing common on-site pedestrian and parking facilities, whether located on one or multiple lots or parcels and whether or not held under single ownership.

For the purposes of this definition, coffee stands, snack bars, or other businesses that are part of, incidental and subordinate to larger retail businesses shall not be counted as separate tenants.

Shopping center shall comprise:

A group or groups of integrated, architecturally harmonious buildings within which retail trade and related service activities shall be wholly conducted;

Convenient, safe and adequate vehicular and pedestrian accessways;

Safe and adequate off-street parking and loading facilities; and

Shared pedestrian walks and public amenities, such as seating, and landscaping.

(30)

E30, Garden center: A garden center is a type of retail store for the sale of nursery products, plants, garden supplies, flowers, and lawn furniture, provided that:

Display of materials shall be set back 15 feet from the property line.

A greenhouse may be permitted as an accessory use, provided that all applicable setbacks for the district are met and the maximum impervious surface is not exceeded.

Landscape contracting may be permitted as an accessory use, provided that the use does not exceed 20% of the garden center site.

Landscape contractor office shall be an accessory use.

No outdoor storage is permitted in the front yard.

(31)

E31, Day-care center: day nursery, nursery school, kindergarten, or other agency giving day-care to seven or more children or any number of adults in need of day-care, excluding care provided by relatives in a residential dwelling and care provided by places of worship during activities or services. This use is not a home occupation, professional home occupation or an accessory use to a residence. The use shall comply with all license requirements and regulations.

The facility shall meet all applicable design, site and area standards of the Pennsylvania Department of Public Welfare, Day Care Division. The applicant must obtain a license from the Department of Public Welfare, Bureau of Child Development Programs. Licensure is certification of compliance with Chapter II, § 8A of the Department of Public Welfare's Social Services Manual by this Department to the applicant, subject to licensure under Article X of the Public Welfare Code (62 P.S. §§ 1001 through 1080).

A planted buffer shall be provided if the use is located within a residential district or adjacent to a residential use.

An outdoor play area shall be provided for all sites that provide care to children under this use. This area shall be located to the side or rear of the lot. The minimum required size of such an outdoor recreational area shall be 200 square feet for each child in the facility's design capacity. Such areas shall be surrounded by a fence with a minimum height of four feet around the perimeter.

A day-care center may be accessory (or component) to a professional or business office building or complex.

(32)

E32, Parking lot: a lot of record upon which the parking or storing of motor vehicles is the primary use, provided that:

No sale, rental, service or repair operation of vehicles shall be performed.

The parking or storage of heavy trucks (exceeding one ton) or trailers shall not be permitted.

All parking lots shall meet the design standards for automobile parking facilities in the Subdivision and Land Development Ordinance.

(33)

E33, Parking structure: a constructed parking facility with two or more vertical levels used for short-term storage of automobiles and other light vehicles. A parking structure may be built above or below ground, fully enclosed or open-air, attached to or detached from an occupied building, and may be publicly or privately owned and managed. A parking structure can be the primary structure or accessory to another use. If the parking structure is accessory to another use, it shall meet the requirements of that use or this use, whichever is more restrictive. The parking structure use is subject to the following conditions and restrictions:

If located within the CBD Central Business District, the use must have direct access to Route 611 or Street Road.

Location and access.

Entrances and exits shall be located to minimize pedestrian/vehicle conflicts.

Vehicle staging areas shall accommodate the required queuing within the parking structure or within the property line, and shall not interfere with through traffic or pedestrian circulation on the sidewalk.

Sidewalks shall take priority over entrance and exit driveways. Driveways shall ramp up from the curb to meet the sidewalk. The sidewalk shall not ramp down to meet a driveway.

A well-defined primary pedestrian entrance shall be located along the periphery of the parking structure adjacent to and oriented toward the elevators, if provided, and at least one set of stairs.

ADA accessible parking spaces shall be located close to stair and elevator cores, and shall have safe access to pedestrian movement patterns within the parking structure and to its exits and entrances.

Pedestrian and vehicular conflicts within the parking structure at the points of intersection and interior common routes shall be minimized. Pedestrian walkways shall be clearly indicated.

When not accessory to another use, a traffic impact study shall be required, as required in the SALDO.

Functional and design requirements:

A parking structure shall incorporate similar scale massing, setback, and height consistent with existing buildings located adjacent to or within 500 feet of the structure.

Building materials shall be similar to those of surrounding structures or possess other characteristics, such as scale, form, color and architectural detailing to establish compatibility. These features shall be continued on all elevations visible to the public.

Utilitarian appearances of parking structures are not permitted. The street/ground level perimeter of a parking structure shall be pedestrian-oriented and include elements that encourage public activity and interest, such as public alcoves, streetscape amenities, public art and landscaping. Streetscapes may incorporate display windows, awnings, canopies and recessed entrance doors to enhance public use. In the CBD Central Business District and the IST Industrial Science Technology District, Use D1, Professional or business office; Use E3, Financial establishment; Use E9, Restaurant; and Use E15, Retail/store, trade and service; may be established within the parking structure at its perimeter at the street/ground level.

Any Warrington Township land use ordinance establishing dimensional requirements for surface lot spaces shall not apply to parking spaces within a parking garage.

Passive day lighting and ventilation shall be provided in aboveground structures. Light and fresh-air openings in the parking structure facade shall be proportioned to reflect similar features of nearby existing buildings located adjacent to or within 500 feet of the structure.

Interior lighting shall meet guidelines set forth by the Illuminating Engineering Society of North America (IESNA) and be designed so that drivers and pedestrians are not startled by significant and distracting contrasts in light levels between the inside and outside of the parking structure. Parking area light fixtures located within the parking garage structure shall be fully shielded and shall not be visible from the exterior of the structure. Any illumination created within the parking structure shall meet the lighting standards of this chapter.

All parking decks for motor vehicle parking shall be a single horizontal plane with no grade connected by ramps to each consecutive level. This design will allow for redevelopment of nonparking uses.

General security considerations.

All parking levels, elevators and stairs shall be illuminated by both natural light and lighting fixtures. If interior walls are provided, openings in these walls shall be maximized to reduce blind spots and increase visibility throughout the parking structure.

Visibility of pedestrian movement in elevator and stair enclosures shall be employed as a method of passive security and to provide pedestrians a sense of safety.

Lighting shall be designed as required for sufficient security. Lighting shall be uniform throughout the parking structure so that dark hiding places are not created. Light-colored ceilings and walls are required to increase overall light levels.

Active security measures, such as sound-detection equipment and/or video surveillance systems, shall be employed in planning the overall security aspects of the parking structure.

(34)

E34, Dwelling in combination with business: a dwelling or dwellings within the same building as an existing or permitted office or commercial use, such as funeral home, mini warehouse, or self-storage facility. The occupant of the dwelling shall be an employee of the firm that operates the principal use.

The total floor area of the dwelling unit(s) shall not exceed that of the commercial or office use.

Separate cooking and sanitary facilities shall be provided for each dwelling unit.

The dwelling unit and business shall not be on the same floor.

Parking: two off-street parking spaces per dwelling unit.

The maximum building height for the shared structure shall be determined by maximum height requirements for the business use.

(35)

E35, Combined office/commercial multifamily building: combined multifamily building and office units or commercial uses contained within the same structure. Dwelling units and nonresidential uses shall have separate ingress and egress facilities.

The following uses are permitted as a component of a combined office/commercial multifamily building:

Use D1, Professional or business office.

Use D5, Medical services - physician's office.

Use E3, Financial establishment.

Use E9, Restaurant.

Use E15, Retail/store, trade and service.

Use E36, Personal service business establishment.

Where residential uses are proposed, they shall be on the second and third floors of a combined office/commercial multifamily building. Nonresidential uses shall be on the first floor only.

Combined office/commercial multifamily building shall consist of no more than 25% two-bedroom apartment units. The remaining units shall be a mix of one-bedroom and studio apartments.

All off-street parking shall be located to the interior of the buildings and take access to an interior driveway or alley.

Minimum distance between buildings on the same lot: 20 feet.

Maximum building length: 100 feet for facades facing a street.

Minimum building setback from tract boundary (on tracts of five acres or more): 30 feet.

(36)

E36, Personal service business establishment: includes beauty parlor, barbershop, shoe repair shop, dressmaking, travel agency, tailor, millinery, photographer, copy service, fax, mailbox, photographic studio or a similar shop.

(37)

E37, Short-term rental: transient use of a furnished residential dwelling for a period of 31 days or less per calendar year where residential uses are permitted upon issuance of an annual zoning permit, provided that the following requirements are met:

Adequate parking consistent with this chapter is provided.

Adequate water and sewage capacity exists.

The applicant shall provide each adjacent property owner with written notification of the proposed use.

Where necessary, written approval of the homeowners' association or condominium association is required. Use of the residences shall be restricted to the permitted residence and may not extend to any accessory structure.

The number of occupants shall not exceed two per bedroom.

Availability of the units shall not be advertised on-site.

The name and phone number of a local contact person shall be provided by the property owner to the Zoning Officer.

Food preparation for the guests by the owner is prohibited.

Subleasing of a short-term rental is prohibited.

(38)

E38, Mixed-use development. A mixed-use development is intended to provide for a large tract of land to be developed in a planned, orderly manner. It is to encourage and support a mix of land use types.

Minimum gross site area: 15 acres.

Tracts are required to be developed with at least three different land use types, including:

Institutional, including:

C11, Place of worship.

Offices, including:

D1, Professional or business office.

D3, Medical service, clinic, urgent care.

D5, Medical services - physician's office.

Retail, including:

E3, Financial establishment.

E9, Restaurant.

E10, Restaurant, fast-food.

E15, Retail/store, trade and service.

E23, Brewpub.

E24, Tavern/bar.

E25, Nightclub.

E26, Pet day-care and salon.

[i]

E27, Smoking lounge.

[j]

E32, Parking lot.

[k]

E36, Personal service business establishment.

[l]

E40, Indoor entertainment facility.

[m]

E41, Athletic recreational facility.

[n]

E43, Commercial school.

Multifamily residential uses, including:

E35, Combined office/commercial multifamily building.

E39, Town center apartments.

No one use group shall occupy more than 60% of the gross site area.

Maximum residential density for multifamily units: eight dwelling units per acre.

Multifamily housing may be provided on the floor above retail and office uses.

The parking for multifamily uses and retail/office uses may be shared.

The site area mix requirements shall not apply to multifamily residential use above retail/office uses.

Multifamily dwelling units shall be on the second floor or higher of any building.

Minimum building setback from arterial or collector street line: 50 feet. This includes building eaves, canopies, awnings, pent roofs, signs, and the like.

Minimum building setback from the curbline of an internal roadway or parking area: 20 feet. This excludes building eaves, canopies, awnings, pent roofs, signs, and the like. In no case shall the setback from these features be less than 10 feet.

Minimum building and parking setback when the lot is adjacent to a residential district: 100 feet and 50 feet from all other districts.

Minimum setback for a loading dock or loading areas whose hours of delivery will operate after 8:00 p.m. or before 8:00 a.m., when adjacent to a residential district: 300 feet. Minimum setback for all other loading docks or loading areas adjacent to a residential district: 100 feet.

(39)

E39, Town center apartments: a type of multifamily dwelling permitted only as part of a mixed-use development. Town center apartments shall be limited to studio, one-bedroom and two-bedroom units.

Town center apartments shall only be permitted on a tract that is developed or is proposed to be developed as a mixed-use development, with access to two arterial roads.

The subject tract shall have, or be proposed to be developed with, a variety of small-scale (not big box) uses which must include at least 20 distinct tenancies and must include retail, service, dining, and office uses primarily located in mixed-use buildings.

The plan for the subject tract shall provide that each of the uses, including the town center apartments, are accessible by a circulation system comprised of public and/or private streets having on-street parking and associated sidewalks.

Area requirements:

Minimum gross site area: 30 acres.

Coverage limitations:

Maximum building coverage: 35% of gross site area.

Maximum impervious surface coverage: 75% of gross site area.

Maximum residential density per gross acre of the entire development tract: eight dwelling units.

Minimum parking spaces in addition to the off-street parking requirements of other uses on the mixed-use development site: 2.5 spaces per dwelling unit.

Maximum height for a building containing town center apartments: 60 feet.

Any new or reconfigured buildings intended to accommodate town center apartments shall be designed to complement the overall character of the mixed-use development; color palates shall be consistent with the existing buildings within the development. The architectural design and detailing of the buildings shall respect existing architectural guidelines in Warrington Township and shall be reviewed by the Board of Supervisors as part of the conditional use process.

Town center apartments shall be located above street level uses or shall be located within a building serviced by an elevator and constructed to meet current fire code standards.

Town center apartments shall be located within one-quarter mile of the retail service, dining, and office uses of the center and shall be directly linked to a conventional street/sidewalk system.

Town center apartments within any mixed-use development shall consist of no more than 35% two-bedroom units. The remaining units shall be a mix of one-bedroom and studio apartments.

[10]

Any development containing town center apartments shall provide not less than 30 square feet of amenity space for each apartment unit for the exclusive use of occupants of the apartments; in no event shall this amenity space total less than 5,000 square feet. Amenity spaces and complementary uses may include, but shall not be limited to: fire pits, dog walking areas, barbeque grills, swimming pool, fitness area, media rooms, coffee shop, and gathering rooms. In addition, there shall be provided a minimum of 30,000 square feet of civic/open space within every development containing town center apartments. This civic/open space may include decorative pavers, lawn areas, seating areas, landscaping, walkways, and other similar improvements. Existing civic/open space areas may be used to satisfy this requirement when approved by the Board of Supervisors. The required amenity space and civic open space areas shall be owned and maintained by the owner of the parcel upon which they are located.

(40)

E40, Indoor entertainment facility: an entertainment, amusement and arcade facility operated as a for-profit business and taking place within a building, including a bowling alley, indoor swimming pool, skating rink, billiard hall, movie theater, theater, amusement devices or games, or other similar use. An indoor firing range is permitted only in connection with a licensed gun dealer.

(41)

E41, Athletic recreational facility: a recreational facility with indoor and/or outdoor facilities, such as gyms, exercise equipment, and rooms for exercise, training, fitness, or dance classes for physical exercise, recreation, and sports training. The use may include facilities or buildings used for any one or a combination of the following activities: indoor court games played with a ball, such as racquetball, handball, squash, tennis, basketball, and volleyball. Indoor or outdoor facilities may include swimming pool; indoor running track; designated space for team training; and other facilities related thereto.

Outdoor active recreation areas shall be set back at least 100 feet from any lot line if adjacent land is zoned for or is in residential use.

Outdoor recreation areas shall be sufficiently screened and isolated so as to protect the adjacent residential uses from inappropriate noise and other disturbances.

(42)

E42, Medical service lab: a facility intended for the collection and examination of clinical specimens for the purpose of providing information, such as diagnosis, prognosis, prevention, or treatment of disease to improve the health of a patient. Examples of these uses include dental laboratories and medical laboratories.

(43)

E43, Commercial school: Trade or professional school, or other schools not included in § 370-305C(10).

(44)

E44, Medical marijuana dispensary: an establishment in which medical marijuana is sold in compliance with a medical marijuana permit issued by the Pennsylvania Department of Health. Conditional use criteria:

A medical marijuana dispensary shall provide a copy of the medical marijuana permit issued by the Department of Health or proof that a medical marijuana permit has been sought and is pending approval, and shall at all times maintain a valid, accurate, and up to date medical marijuana permit with the Department of Health. Should a medical marijuana permit be denied, not renewed, or revoked at any time, any conditional use shall immediately become void.

A medical marijuana dispensary shall at all times operate in compliance with all Department of Health regulations pertaining to such facilities.

A medical marijuana dispensary shall not be operated or maintained on a parcel within 1,000 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing a public, private, or parochial school or a day-care center.

A medical marijuana dispensary must operate entirely within an indoor, enclosed, and secured facility. No exterior sales and no sidewalk displays shall be permitted. No drive-through, dropoff, or pickup services shall be permitted.

A medical marijuana dispensary may not operate on the same site as a medical marijuana grower/processor.

A medical marijuana dispensary shall be limited to hours of operation not earlier than 9:00 a.m. and no later than 9:00 p.m.

A medical marijuana dispensary shall submit a disposal plan to, and obtain approval from, the Township Chief of Police. Medical marijuana remnants and by-products shall be disposed of according to an approved plan, and shall not be placed within an exterior refuse container.

There shall be no emission of dust, fumes, vapors, or odors which can be seen, smelled, or otherwise perceived from beyond the lot line for the property where the medical marijuana dispensary is operating.

No one under the age of 18 shall be permitted in a medical marijuana dispensary, unless accompanied by a caregiver as required under § 506 of the Medical Marijuana Act.

No use of medical marijuana shall be permitted on the premises of a medical marijuana dispensary.

The minimum size of a medical marijuana dispensary facility shall be 2,000 square feet in total floor area.

A medical marijuana dispensary shall submit a security plan to, and obtain approval from, the Township Engineer, the Director of Planning and Zoning, and the Township Police Chief. The medical marijuana dispensary shall demonstrate how it will maintain effective security and control. The security plan shall specify the type and manner of twenty-four-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility as required by § 1102 of the Medical Marijuana Act and as supplemented by regulations promulgated by the Department of Health pursuant to the Medical Marijuana Act.

A medical marijuana dispensary shall provide proof of a contract with a private security company and shall be staffed with/monitored by security personnel 24 hours a day and seven days a week.

A medical marijuana dispensary shall submit a site plan for approval by the Township Engineer and a floor plan for approval by the Township Building Code Official. The floor plan shall identify internal security measures. All medical marijuana products, by-products, and waste shall be stored in an interior secure vault or receptacle in such a manner as to protect against dissemination.

(45)

E45, Funeral home or mortuary: an establishment used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation, including an auditorium and temporary storage facilities, but not including columbarium, cemeteries, and mausoleums.

Crematorium as accessory use:

Permitted by special exception.

The crematorium must clearly be incidental and subordinate to the principal use and shall comply with the regulations for Use C2, Crematorium.

(46)

E46, Village shops: a shop or store, including, but not limited to a neighborhood-style grocery store (as distinct from a chain supermarket), neighborhood-style drugstore (as distinct from a chain pharmacy), bakery, stationery store, antique shop, craft store, hardware store, coffee shop, luncheonette, barbershop, beauty parlor, or any other use listed in § 370-305E. This use shall not include stores in excess of 2,000 square feet of floor area.

Lighting on pole fixtures shall not exceed 10 feet in height. The source of illumination shall be recessed and shielded within the fixture itself and shall not exceed one-half footcandle at the property line.

Outdoor collection stations shall be provided for garbage and trash removal. These stations shall be located to the rear of the structure and shall be screened from view and landscaped.

Parking: one off-street parking space for each 200 square feet of gross floor area used or intended to be used for servicing customers.

This use does not include a smoking lounge or vape shop.

Conversions of existing buildings are permitted.

Utility uses.

F1, Utility operating facility. Facilities that provide services rendered by a public utility, corporation, municipality, or municipal authority, shall include, but shall not be limited to, electricity, gas, telephone, water, sewerage, and bulk pipelines. A utility use shall include appurtenances used in connection with the supplying of such services, including but not limited to, pedestals, cables, wires, pipes, poles, and the like, but shall not include incinerators or public or private landfills. In addition to the requirements of Chapter 214, Nuisances, of the Township, the following requirements shall be met:

In residential districts, a utility shall be essential to serve such residential district.

Except in commercial and industrial zoning districts, no public business office or any storage yard or storage building shall be operated in connection with it.

A buffer yard shall be provided along all property lines for buildings.

Minimum lot sizes shall be adequate to accommodate the required setbacks, parking requirements, and other building requirements.

The minimum setbacks from all property lines, as indicated in Table 3, shall be provided unless the Township or Public Utility Commission requires a greater dimension. All other utility structures and buildings not included in Table 3 shall meet the setbacks applicable to the zoning district in which the structure is located in.

Table 3 Minimum Setback
Use	Setback
Water tower	100% of water tower height
Sewage treatment plant	100 feet

In a residential district, utility operating facilities shall not include public business facilities, the storage of materials, trucks or repair facilities, generation or treatment facilities, or the housing or repair crews. These facilities shall be classified and treated under the appropriate enumerated use herein.

F2, Passenger station: a station providing passenger transportation services to the general public.

There shall be adequate off-street parking to serve customers, patrons, visitors, and employees as determined by the Board of Supervisors.

A separate area for safe pickup and dropoff shall be designated on the plan.

F3, Emergency services: fire, ambulance, rescue, and other emergency services of a municipality or volunteer nature; a community meeting room is permitted as accessory to an emergency services center. The use may include sleeping, eating, and recreation areas for staff.

Minimum lot area: 0.5 acre.

In residential districts, the following requirements shall be met:

No community hall shall be permitted, nor shall group functions be permitted.

Any building or structure erected for this use shall be residential in scale, materials, and appearance.

Industrial uses.

G1, Truck terminal: a use of land or structures for the storage of trucks that involves a large variety of materials, including materials owned by numerous corporations, being transported to a specific destination or site. Freight is transferred from one truck to another and excludes the transfer or storage of solid waste.

Trucks with compressors shall be located within a quadrangle of buildings or walls of sufficient height to deflect noise away from adjoining properties.

Such shall be screened from all adjacent properties in accordance with the provisions of this chapter.

Such use shall take access from an arterial street as designated in the Subdivision and Land Development Ordinance.

Truck terminals are prohibited within 500 feet of a residential zoning district.

Short-term warehousing and distribution centers may be permitted under this use.

All operations shall comply with the requirements of Chapter 214, Nuisances, of the Township.

G2, Manufacturing.

A use engaged in the mechanical or chemical transformation of material or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials and includes the following:

Any manufacturing, compounding, processing, packaging, or treatment of the following previously prepared materials: bone, cork, feathers, cellophane, ceramics, felt, fur, glass, hair, horn, paper, pharmaceuticals, plastics, shells, iron and steel, aluminum, leather, plaster, metals, precious and/or semiprecious stones, wood, yarns, containers or novelties from paper or cardboard, natural or synthetic rubber, oils, plastics, resins, liquor, tobacco, textile or textile products, and perfumes.

The manufacture of musical instruments, toys, novelties, electrical or electronic devices; home, commercial and industrial appliances, and instruments, including the manufacture of accessory parts or assemblies; dental and medical equipment; watches and clocks; optical goods, drafting equipment, and canvas products.

Laboratories, experimental, research or testing; incidental and subordinate to the primary use.

Carpet or rug cleaning; laundry, cleaning, and dyeing plant.

Wholesaling and distributing activities; incidental and subordinate to the primary use.

Light metal processing as follows: cleaning, finishing, grinding, heat treating, plating, polishing, rustproofing, and sharpening; metal stamping and extrusion of small products; similar metal working processes.

Job printing, newspaper or book publishing, electronics and small parts assembly or manufacture.

Baking and food processing.

Electronics and small parts assembly or manufacture.

[10]

Manufacture and/or storage of construction materials and equipment.

Processing on a farm is not considered manufacturing where the raw material is produced on the farm.

All operations shall comply with the environmental performance standards of this chapter.

All operations shall comply with the requirements of Chapter 214, Nuisances, of the Township.

G3, Laboratories, research, and testing: a facility for research, testing, or experimental laboratory investigation into the natural, physical, or social, or technological sciences, which may include engineering and product development as an extension of research. Other uses may include limited manufacturing and flex space.

G4, Wholesale business/wholesale storage: establishments or places of business primarily engaged in selling merchandise to other businesses, including retailers, industrial, commercial, institutional, or professional business uses and other wholesalers or acting as brokers and buying merchandise for or selling merchandise to such individuals or companies. They may provide loading docks to load and unload trucks and other vehicles that transport goods. They also may employ cranes and forklifts for moving goods.

This use shall not include a wholesale club or other facility where retail sales occur, or goods are sold to the ultimate consumer.

No explosive, toxic, radioactive, or highly flammable materials shall be stored on the premises.

Screening and buffers shall be in compliance with the requirements as set forth in the Subdivision and Land Development Ordinance.

G5, Warehouse. A facility or building where raw materials and merchandise used by manufacturers, importers, exporters, wholesalers, distribution centers, and transport businesses may be stored before their export or distribution for sale. They may provide loading docks to load and unload trucks and other vehicles that transport goods. They also may employ cranes and forklifts for moving goods.

Screening and buffering shall be in compliance with the requirements set forth in the Subdivision and Land Development Ordinance.

All operations shall comply with the requirements of Chapter 214, Nuisances, of the Township.

Trucks with compressors shall be located within a quadrangle of buildings or walls of sufficient height to deflect noise away from adjoining properties.

Such use shall take access from an arterial street as designated in the Subdivision and Land Development Ordinance.

Warehouses are prohibited within 500 feet of a residential district.

G6, Flex space: building space designed for use as either office, research, laboratory space, light manufacturing and/or assembly, or warehousing.

Each flex space area shall have no less than 5% of the area devoted to an office use.

Limited to a maximum of 30% of the overall tract area.

Flex space consists of any use or combination of uses permitted in the underlying zoning district.

Parking may be placed in reserve and constructed at a later date as long as the land development meets the parking requirements of this chapter and the parking is engineered and illustrated on the land development plan. The area reserved for parking shall be graded as if parking were to be built, and seeded.

G7, Quarry: an open pit mine from which building materials (sand, gravel, construction aggregate, and stone) are quarried and/or excavated from the ground.

All performance standards and area regulations used in the design and operation of a quarry shall be those set forth in the Commonwealth of Pennsylvania's Act No. 418 entitled: "Surface Mining Conservation and Reclamation Act," (P.L. 1198, No. 418),[13] as amended, and the Noncoal Surface Mining Conservation and Reclamation Act, (P.L., 1093, No. 219),[14] as amended, and as required by the Department of Environmental Protection.

[13]

Editor's Note: See 52 P.S. § 1396.1 et seq.

[14]

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

In addition to state requirements, an eight-foot chain-link fence must completely enclose all operational quarry properties. The fence must be placed in a manner which provides maximum safety.

Screening and buffer requirements. Screening and buffers shall be in compliance with the requirements as set forth in Subdivision and Land Development Ordinance. In no event shall there be a buffer of less than 100 feet.

All operations shall comply with the requirements of Chapter 214, Nuisances, of the Township.

G8, Junkyard: an area of land, with or without buildings, used for the collection, storage and/or sale of wastepaper, rags, scrap metal or discharged material or for the collection, dismantling, storage and salvaging of machinery or vehicles, or part thereof, for sale or other use or disposition of the same.

The minimum lot area shall be one acre, and the maximum lot area shall be two acres.

The facility must be operated in accordance with the Commonwealth of Pennsylvania regulations for salvage yards and must have a junkyard permit. A zoning permit shall be obtained on an annual basis with application made by January 15 of each year. The permit shall be issued only after an inspection by the Zoning Officer to certify that this use meets all provisions of this chapter and other ordinances.

The deposit or storage of two or more motor vehicles not having valid inspection stickers issued by the Pennsylvania Department of Transportation, or two or more wrecked or broken vehicles, or the major part of two or more such vehicles is prohibited except in the junkyard district.

Storage of motor vehicles not having a valid registration sticker in a residential district is especially prohibited.

All vehicles must be drained of all liquids before they are placed in the junkyard. All hazardous liquids shall be properly disposed of according to the Department of Environment Protection rules and regulations.

No material shall be placed in any junkyard in such a manner that it is capable of being transferred out of the junkyard by wind, water, or other natural causes.

The storage of toxic chemicals or nuclear wastes shall be prohibited.

Dumping of trash or landfill operations shall be prohibited.

All paper, rags, cloth and other fibers and activities involving the same, other than loading and unloading, shall be within fully enclosed buildings.

The boundaries of any junkyard shall at all times be clearly delineated.

All junkyard materials and activities not within fully enclosed buildings shall be surrounded by a fence at least eight feet in height and maintained in good condition. Any gate in such fence shall be similarly considered and maintained and shall be kept locked at all times when the junkyard is not in operation. Landscape plantings can be utilized in conjunction with a fence to screen the interior of the junkyard from the street and adjacent properties.

All materials shall be stored in such a manner as to prevent the breeding or harboring of rats, insects, or other vermin. When necessary, this shall be accomplished by enclosure in containers, raising of materials above the ground, separation of types of materials, preventing the collection of stagnant water, extermination procedures, or other means.

No burning shall be carried on in any junkyard except in suitable containers at appropriate locations and times. Fire hazards shall be prevented by organization and segregation of stored materials, with particular attention to the separation of combustibles from other materials and enclosure of combustibles, where necessary, by the separation of combustibles where necessary, by the provision of adequate aisles for escape and firefighting, and by other necessary measures.

Such use shall be a minimum of 100 feet from any expressway or arterial street line as classified in the Subdivision and Land Development Ordinance.[15]

[15]

Editor's Note: See Ch. 305, Subdivision and Land Development.

The contents of a junkyard shall not be placed or deposited to a height greater than eight feet.

(p)

All operations shall comply with the requirements of Chapter 214, Nuisances, of the Township.

G9, Transfer station: a building or processing site which receives and temporarily stores solid waste at a location other than the processing facility or land disposal site.

Operation of a transfer station shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania and rules and regulations of the Department of Environmental Protection.

The perimeter of the site shall be surrounded by a fence at least eight feet in height and maintained in good condition. Any gate in such fence shall be similarly considered and maintained and shall be kept locked at all times when the facility is not in operation. Landscape plantings can be utilized in conjunction with a fence to screen the interior of the transfer station from the street and adjacent properties.

All transfer of waste shall take place in an enclosed building.

No material shall be placed or deposited to a height greater than the height of the fence.

The facility shall provide for adequate environmental controls to minimize noise, vibration, glare, heat, odor, smoke, dust, fumes, vapors, gases, air emissions, and water effluents, as required under the appropriate and relevant federal and state environmental laws and Township ordinances.

All operations shall comply with the requirements of Chapter 214, Nuisances, of the Township.

G10, Contracting: a use involving office, vehicle, equipment, and supply storage for trades, such as building and construction, electric, heating, plumbing, masonry, painting, landscaping and roofing.

All outside storage of building materials shall be screened with a twenty-five-foot-wide landscape buffer as required within this chapter and the Subdivision and Land Development Ordinance.

Use may include an incidental and subordinate area for display of products, but not for retail sale of goods.

All operations shall comply with the requirements of Chapter 214, Nuisances, of the Township.

G11, Fuel storage and distribution: storage and distribution of fuel, oil, coal, or other petroleum products and includes related buildings and tanks. This use does not include a motor vehicle service station.

Retail sales of fuel and related products are not permitted on the premises.

Approval shall be secured from the Pennsylvania State Police Fire Marshal and the Pennsylvania Department of Environmental Protection (DEP) for the storage of fuel.

The applicant shall present a plan to demonstrate the methods by which any spills of liquids will be contained and shall also demonstrate that the stormwater management system is designed to capture volatile organic compounds, oils, and solids. The applicant shall also provide to the Township a copy of a maintenance agreement setting forth the terms for the management of the facilities.

G12, Medical marijuana grower/processor: conditional use criteria.

A medical marijuana grower/processor shall provide a copy of the medical marijuana permit issued by the Department of Health or proof that a medical marijuana permit has been approved, and shall at all times maintain a valid, accurate, and up to date medical marijuana permit issued by the Department of Health. Should a medical marijuana permit be denied, not renewed, or revoked at any time, any conditional use shall immediately become void.

A medical marijuana grower/processor shall at all times operate in compliance with all Department of Health regulations pertaining to such facilities.

A medical marijuana grower/processor shall be located on a lot containing not less than two acres.

A medical marijuana grower/processor shall not be operated or maintained on a parcel within 1,000 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing a public, private, or parochial school or a day-care center.

A medical marijuana grower/processor must operate entirely within an indoor, enclosed, and secure facility.

A medical marijuana grower/processor may not operate on the same site as a medical marijuana dispensary.

A medical marijuana grower/processor shall submit a disposal plan to, and obtain approval from, the Township Police Chief. Medical marijuana remnants and by-products shall be disposed of according to an approved plan, and shall not be placed within an exterior refuse container.

There shall be no emission of dust, fumes, vapors or odors which can be seen, smelled, or otherwise perceived from beyond the lot line for the property where the medical marijuana grower/processor is operating.

No retail sales of medical marijuana shall be permitted on the premises of a medical marijuana grower/processor.

No use of medical marijuana shall be permitted on the premises of a medical marijuana grower/processor.

A medical marijuana grower/processor shall submit a security plan to, and obtain approval from, the Township Police Chief. The medical marijuana grower/processor shall demonstrate how it will maintain effective security and control. The security plan shall specify the type and manner of twenty-four-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility as required by § 1102 of the Medical Marijuana Act and as supplemented by regulations promulgated by the Department of Health pursuant to the Medical Marijuana Act.

A medical marijuana grower/processor shall contract with a private security company, and the medical marijuana grower/processor shall be staffed with/monitored by security personnel 24 hours a day and seven days a week.

A medical marijuana grower/processor shall submit a site plan for approval by the Township Engineer and a floor plan for approval by the Township Building Code Official. The floor plan shall identify internal security measures. All medical marijuana product, by-product, and waste shall be stored in an interior secure vault or receptacle in such a manner as to protect against improper dissemination.

General accessory uses and structures.

H1, Multigenerational apartment: a dwelling unit contained within an owner-occupied, single-family residence, subordinate in size to the principal dwelling, for which no rent or other fee is chargeable, and which is used exclusively as living quarters by a person or persons related by birth or marriage, or determined by law (adoption, fostering, or guardianship) to the owner(s) as permitted by special exception. Special regulations relating to multigenerational apartments include:

All applicants for a special exception for a multigenerational apartment shall have the burden of going forward with evidence and the burden of persuasion for all of the following requirements:

The dwelling shall be owner-occupied and serviced by public water and sewer.

The maximum size of a multigenerational apartment shall be not more than 25% of the principal residence or 800 square feet, whichever is less.

As a condition to the grant of a special exception for a multigenerational apartment, the owner of the main dwelling shall certify to the Township, by affidavit on an annual basis, the identity and relationship of the person or persons residing in the multigenerational apartment.

The principal residence shall maintain the appearance of a detached dwelling with a single front entrance.

A multigenerational apartment shall be contained within the main dwelling and shall provide internal access between the main dwelling and the multigenerational apartment and shall share the same internal entrance and exit access points.

Not more than one multigenerational apartment shall be permitted per lot.

The lot shall conform to the minimum lot area requirement for Use B1, Single-family detached dwelling, in the applicable zoning district.

A permit from the Bucks County Department of Health or other governmental agency or authority with jurisdiction shall be required. Such permit or certification shall indicate that the property with a multigenerational apartment can be adequately served by public sewer and water or by an adequate on-lot septic system prior to the issuance of a permit.

Parking: one additional off-street parking space shall be required for each multigenerational apartment in addition to the single-family detached dwelling requirement.

H2A, Nonprofessional home occupation: an occupation for gain or support conducted only by immediate members of a family residing on the premises and conducted entirely within the dwelling or accessory building, provided that no article is sold or offered for sale, except such as may be produced on the premises by members of the family, and further provided that the total area of such occupation shall in no case occupy more than 25% of the floor area of the dwelling, and no more than one commercial vehicle shall be permitted. The use shall be clearly incidental, subordinate, and secondary to the use of the dwelling, and the exterior appearance of the structure or premises is constructed and maintained as a residential dwelling. No goods shall be publicly displayed on the premises other than signs, as required within this chapter.

H2B, Professional home occupation: an occupation for gain or support conducted by a member of a recognized profession entirely within the dwelling or accessory building, provided that not more than three persons, not in residence in the dwelling, are employed, and further provided that the total area of such occupation shall in no case occupy more than 25% of the floor area of the dwelling. Adequate off-street parking shall be provided at 1.25 spaces per employee. The use shall be clearly incidental, subordinate, and secondary to the use of the dwelling, and the exterior appearance of the structure or premises is constructed and maintained as a residential dwelling. No goods shall be publicly displayed on the premises other than signs, as required within this chapter.

H2C, No-impact home occupation: an occupation for gain or support conducted only by immediate members of a family residing on the premises and conducted entirely within the dwelling or accessory building. The use shall be clearly incidental, subordinate, and secondary to the use of the dwelling, and the exterior appearance of the structure or premises is constructed and maintained as a residential dwelling. The following criteria shall be met:

The business is compatible with the residential use of the property and surrounding residential uses.

No article is sold or offered for sale except such as may be produced on the premises by members of the family residing on the property.

The occupation shall occur only in the dwelling, and the total area of such occupation shall in no case occupy more than 25% of the floor area of the dwelling.

No commercial vehicles may be permitted.

No clients or customers are permitted to visit the premises.

No employees are permitted other than the residents of the dwelling.

No outside equipment storage is permitted.

No modification of the dwelling.

No advertising of the home address as a business location is permitted.

No bulk deliveries or pickups are permitted.

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

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

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

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

The business may not involve any illegal activity.

H3, Sheds.

Subject to all other restrictions provided in this chapter, sheds shall not be in excess of 192 square feet in area on parcels greater than or equal to 7,500 square feet, and not in excess of 120 square feet in area on parcels less than 7,500 square feet. Sheds shall not exceed 14 feet in height.

Sheds may be erected in the rear or side yard of any developed lot in a residential district.

Sheds with a maximum height of 10 feet are permitted to be located no fewer than three feet from a property line. Sheds taller than 10 feet must be set back at least 10 feet from the property line.

One shed is permitted per lot. Lots in the RA Residential Agricultural District that are three acres or greater in size may have two sheds with a maximum area of 192 square feet and a maximum height of 10 feet for each individual shed.

No building permit will be issued for a shed unless it complies with the minimum building coverage and impervious surface ratio provisions for the zoning district in which the lot is located.

No shed may be erected in any easements or drainage swales.

Sheds shall not be served by public utilities.

H4, Detached garage or accessory building: a building greater than 192 square feet separate from and smaller than the principal residential structure on a lot used for storage of vehicles, household goods, or as a workshop or pool house. A structure less than 192 square feet is a shed.

The total area allowed on a lot is limited to 25% of the square footage living area of the main residence.

No more than one detached garage or accessory building is permitted per lot.

Electrical/plumbing permits are required.

May not be used for habitable purposes.

May not have more than two plumbing fixtures. The only plumbing fixtures permitted are a sink and a toilet. Pool houses are exempt from this provision.

May not have kitchen facilities (stove, oven, refrigerator, etc.).

Must be detached from the residence by a minimum distance of 10 feet.

Detached garage or accessory buildings are not allowed in required front yard setbacks or within side yards.

Detached garage or accessory buildings shall meet the setback requirements of the principal use or dwelling.

May not exceed a maximum height of 17 feet.

Are prohibited from being located in the front yard between the principal building and the street, except for a designated rear yard on dual-frontage lots.

Shall count towards maximum building and impervious coverage, as applicable.

Buildings shall be designed to reflect the architectural style of the principal building on the same lot.

No activity may take place in the detached garage or accessory building except for the activities undertaken by the property owner(s).

H5, Accessory residential recreation: swimming pools, spas or hot tubs, in-ground and aboveground, tennis courts, basketball courts, built-in outdoor grills, patios, decks, and similar facilities which are a common accessory to a single-family detached dwelling.

Such uses are prohibited in the front yard.

Such uses must meet the side and rear yard setback requirements of the primary use.

Overhead lighting and spotlights that shine into adjacent properties are prohibited. However, ambient outdoor low-level landscape lighting is permitted.

Accessory residential recreation uses shall meet and comply with all applicable area and dimensional requirements for the subject zoning district.

No accessory residential recreation use shall be located in any easement or drainage swale.

Swimming pools and equipment may be located no less than five feet from property lines and easements. Swimming pools and equipment may not interfere with any drainage swale or underground utility.

H6, Drive-through: any vehicle-related commercial facilities in which a service is provided, or goods, food, or beverage are sold to the operator of, or passengers in, a motor vehicle without the necessity of the operator or passengers disembarking from the vehicle. Drive-through shall be in connection with the principal uses E3, Financial establishment, E15, Retail/store, trade and service, and E10, Restaurant, drive-through/fast-food. Drive-through shall be by special exception for use E15, Retail/store, trade and service.

General standards.

The drive-through facility shall be designed so as not to impede or impair vehicular and pedestrian traffic movement or exacerbate the potential for pedestrian/vehicular conflicts.

Drive-through located on pad sites in existing shopping centers shall have circulation patterns that are integrated with that of the center.

Hours of operation shall be set as a condition of approval.

Location standards.

Drive-through uses shall not be located across a street from residential zoning districts unless separated by an arterial street.

Drive-through uses are not permitted on sites abutting schools, parks, playgrounds, libraries, churches, and other public and semipublic uses that have substantial pedestrian traffic.

Use H-6 drive-through, when accessory to use E-15, Retail/store, trade and service, use E-9, Restaurant, or use E-10, Restaurant – fast food shall be permitted only in the BZ and CBD Districts south of Street Road.

Frontage requirements.

Minimum lot frontage on at least one street shall be 150 feet for all drive-through uses.

Setbacks and landscaping.

The drive-through use shall be screened from adjacent residential land uses by screening vegetation.

Landscape buffering shall be placed between the drive-through lanes and adjacent properties.

Street access.

Drive-through uses shall abut only arterial streets, and access shall not be taken from residential streets.

Access shall be taken to adjacent lots with nonresidential uses if either lot adjoins the adjacent lot for at least 50% of the length of the side of either lot.

All driveway entrances and exits shall be set back at least 50 feet from an intersection.

Drive-through lanes.

The stacking lanes for drive-through facilities shall not cross, or pass through, off-street parking areas. Nor shall stacking lanes cross, or be crossed by, pedestrian accessways.

The pedestrian access to the entrance of the drive-through facilities shall not cross the drive-through lane.

The drive-through lane shall not be the sole ingress and egress to the site.

The minimum horizontal radius for curvature of a drive-through lane shall be 18 feet.

The length of drive-through lanes shall be measured along the center line of the prescribed vehicular path.

Drive-through lanes shall be marked by signs which indicate the entrance and exit for the drive-through lane. Signs indicating one-way directions for the drive-through lane shall be required where necessary by the Township Engineer.

The entire length of lane for a double drive-through shall meet the requirements for a single drive-through. Each lane of a double drive-through facility shall be 12 feet wide. Each portion of drive-through lane which has multiple ordering locations shall be 12 feet wide. In addition, a device or signal shall be provided to control merging movement in an orderly fashion from the ordering location to the pickup window.

Lane width.

A bypass or escape lane of at least 10 feet must be provided for emergency purposes and for ease of circulation.

Drive-through lanes are to be separated from parking aisles by painted lines. The lanes and stacking areas shall be a minimum of 12 feet wide.

Lane separation: an on-site circulation pattern is to be provided for drive-through traffic that separates such traffic from that of sit-down patrons.

Stacking distance.

A stacking area is to be provided for cars waiting for drive-through service which will be a minimum of 160 linear feet long. The stacking distance shall be longer if the traffic impact study, as required by the SALDO, indicates that an anticipated stacking is necessary and greater.

One additional stacking space shall be provided after the exit from a car wash building to collect rinse water and minimize icing on public streets in winter.

Setbacks.

Overhead canopies shall be set back a minimum of 10 feet from any street line and property line and a minimum of 20 feet from any residential property line. The total height for any overhead canopy shall not exceed 20 feet.

Service areas and stacking lanes shall be set back at least 10 feet from all lot lines.

Outdoor speakers or menu boards shall be set back at least 50 feet from all lot lines.

Curbing.

Interior curbs shall be used to separate driving areas from exterior fixtures, such as fuel pumps, vacuums, menu boards, canopy supports and landscaped islands. The curbs shall be of a nonmountable design with a minimum reveal of six inches.

Application requirements.

A traffic impact study shall be submitted to provide information which will be used to determine the necessary stacking area and the impacts of the proposal upon local traffic circulation. The traffic impact study shall address the following issues:

Nature of the product or service being offered.

Method by which the product or service is being offered (e.g., window service or brought to vehicle by an employee).

Time required to service typical customer.

Arrival rate for patrons.

Peak demand hour.

Anticipated vehicular stacking required.

Anticipated traffic generation.

H7, Temporary structure or use: temporary structure, building, or use. A temporary zoning permit shall be required for structures or uses necessary during construction or other special circumstances of a nonrecurring nature.

The time period of the initial permit shall not exceed six months. This permit may be renewed for three-month time periods, not to exceed a total of 21 months from the initial permit. Further extensions must be approved by the Board of Supervisors as a conditional use.

A temporary structure shall meet building coverage and impervious area criteria for the specific district.

Such structure or use shall be removed completely upon expiration of the permit without cost to the Township.

No temporary structure shall be permitted for the sale or storage of fireworks.

H8, Sale of motor fuel as accessory use to retail/store use: the sale of motor fuel (gasoline, diesel, or compressed natural gas, or the sale of electrical energy for vehicles) as an accessory use that is accessory, incidental, and subordinate to retail/store use. It shall meet the following conditions:

This use may only be permitted within the CBD Central Business District by conditional use and shall only be located on SR 611 south of State Route 0132 (Street Road).

The canopy covering fuel pumps shall be located a minimum of 30 feet from the street line.

Except for electric vehicle charging stations, fuel pumps shall only be located beneath an approved canopy.

The canopy over the gas pump shall have a hip or gable roof with ridgelines. No flat roofs or shed roofs are permitted.

Access to the fuel pump area shall be taken from access drives interior to the proposed development only.

All fuel pumps and tanks shall comply with the Environmental Protection Agency (EPA) and Pennsylvania Department of Environmental Protection (DEP) regulations for such tanks.

H9, Accessory outdoor eating area: an incidental and subordinate use that shall meet the following requirements:

Outdoor eating areas shall be a conditional use when accessory to a restaurant or bar/tavern that has indoor seating.

Areas for outdoor eating shall not interfere with any means of ingress or egress to a building, or with any emergency or safety exits. Where the eating area extends into a public sidewalk or street line, the following shall apply:

A minimum sidewalk width, exclusive of the outdoor eating area, of five feet shall be maintained free and clear at all times for pedestrians (unless a greater width is required by the building and/or accessibility code). This minimum five-foot area shall not include the outdoor eating area and shall be free of surface obstacles and obstructions, including, but not limited to, hydrants, streetlights, parking meters, and street trees.

Pedestrian barriers. Outdoor eating areas may be enclosed and separated from the pedestrianway or travel way. When the outdoor eating area is located adjacent to a pedestrian area, or area used by vehicles, such as a parking lot or street, barriers as described herein are required. The following minimum standards shall apply if the establishment chooses or is required to use a barrier:

Pedestrian barriers shall have sufficient weight to prevent them from being tipped or knocked over.

If the pedestrian barrier is to be permanent, the method of attachment shall be subject to approval by the Township. No barrier shall be permanently attached to a public sidewalk or an area located within the street line.

Pedestrian barriers shall be at least 36 inches in height to prevent a tripping hazard.

Where pedestrian access to an outdoor eating area is not through a food establishment, the required opening shall not be less than 44 inches in width (unless a different width is required by the building and/or accessibility code).

Pedestrian barriers shall be made of a durable metal, such as wrought iron, and not have legs or supports that protrude into a sidewalk more than two inches.

Prohibited barriers:

Fabric inserts (whether natural or synthetic fabric) of any size shall not be permitted to be used as part of a barrier.

The use of chain link, cyclone fencing, chicken wire or similar appurtenances is prohibited. Materials not specifically manufactured for fencing or pedestrian control (including, but not limited to, buckets, food containers, tires, tree stumps, vehicle parts, pallets, etc.) shall not be used as components of a barrier.

Flowerpots, planters, and other ornamental containers.

Roof coverings. Any establishment with outdoor seating may choose to have a roof or awning over its outdoor eating area. If an establishment chooses to include a roof covering for its outdoor eating area, the following shall apply:

Flame-resistant material shall be used.

If awnings are used, they shall be a minimum of seven feet in height above the sidewalk or patio surface.

Tents shall not be permitted over an outdoor eating area.

Permanent roofs are permitted and shall comply with dimensional standards within the zoning district.

Signs. No signs advertising outdoor eating shall be permitted, unless approved pursuant to § 370-802 of this chapter.

The number of outdoor eating seats shall be limited to a maximum of 25% of the total number of indoor seats in the associated principal use. However, at no point shall more than 50 outdoor eating seats be provided as an accessory to the principal use.

Setbacks.

If setback requirements are met, outdoor eating shall be permitted in the front, side, and rear yards of the property upon which the principal use is located.

All outdoor eating areas must be located a minimum of 50 feet from a residential zoning district, residential property, or dwelling unit. This provision shall not apply to any properties, dwelling units, or residential zoning districts separated from the accessory outdoor eating area by a public road.

Outdoor eating areas shall be located on a permanent surface. Temporary flooring shall not be used.

The sale of alcoholic beverages shall be incidental and subordinate to the sale and consumption of food. Outside bar service and/or walk-up bar service for the sole purpose of the consumption of alcohol without the consumption of food is prohibited. The sale of alcoholic beverages in an outdoor eating area is subject to approval from the Pennsylvania Liquor Control Board.

Storage of materials. At the conclusion of any outdoor eating season, all portable equipment (e.g., barriers, furniture, roof coverings, etc.) shall be stored within the facility used by the principal use in a location that does not interfere with the operation of the principal use, or shall be stored off-site. If equipment is not used for 48 consecutive hours (for example if the seating is brought out for a warm spell) the equipment shall be placed in storage.

A traffic impact study, as required by the SALDO, shall be submitted to provide information which will be used to determine the necessary parking needs for the outdoor eating area and the impacts of the proposal upon local traffic circulation.

H10, Family day-care: a family day-care use is a facility in which care is provided for up to six children at any one time, who are not relatives of the caregiver, where the child or adult care areas are being used as a family residence. The use shall comply with the license requirements and regulations as required by the Pennsylvania Department of Human Services.

This use shall be conducted in a building designed for residential occupancy, for the safety and well-being of the occupants and shall be incidental and subordinate to the dwelling unit of the building.

If a family day-care use is located adjacent to a nonresidential use, a parking lot or on a street with a classification higher than a secondary street, the outdoor play or recreation area must be enclosed by a four-foot-high fence deemed appropriate by the Board of Supervisors. The outdoor play or recreation area shall be located to the side or rear of the property.

Buffering and screening requirements of this chapter shall apply.

Hours. Outside play shall be limited to the hours between 8:00 a.m. and 7:00 p.m.

The operator shall reside in the facility.

The operator shall provide proof of compliance with state licensing to the Township.

(13)

H11, Financial self-service kiosk: a standalone automated teller machine accessed by a drive-through lane. Financial self-service kiosks shall only be in connection with principal uses E29, Shopping center, and E38, Mixed-use development.

General standards.

The drive-through facility shall be designed so as not to impede or impair vehicular and pedestrian traffic movement or exacerbate the potential for pedestrian/vehicular conflicts.

Drive-through lanes located on pad sites in existing shopping centers shall have circulation patterns that are integrated with that of the site.

Frontage requirements.

Minimum lot frontage on at least one street shall be 150 feet for all principal uses.

Setbacks and landscaping.

Financial self-service kiosks shall be screened from adjacent residential land uses by screening vegetation.

Landscape buffering shall be placed between the financial self-service kiosk drive-through lane and adjacent properties.

Access and location.

Access to financial self-service kiosks shall be taken only from internal circulation aisles of the principal use and shall not be directly accessible from public streets.

Financial self-service kiosks shall not be located within 100 feet of any abutting street line, residential use or residentially zoned land.

Financial self-service kiosks shall not be located in the front yard between the front facade of any principal building and the street line unless its long axis is arranged perpendicular to that facade.

Drive-through lane.

The drive-through lane shall not cross, or pass through, off-street parking areas, nor shall it cross, or be crossed, by pedestrian accessways.

The drive-through lane shall be marked by signs which indicate the entrance and exit of the lane. Signs indicating one-way directions for the drive-through lane shall be required where necessary by the Township Engineer.

Lane width.

Drive-through lanes are to be separated from parking aisles by painted lines.

The drive-through lane shall be a minimum of 12 feet wide.

Stacking distance.

A stacking area is to be provided for vehicles waiting for drive-through service which will be a minimum of 50 feet long. The stacking distance shall be longer if a traffic impact study, as required by the SALDO, indicates that additional stacking is necessary.

Setbacks.

The drive-through lane and stacking area shall be set back at least 10 feet from all lot lines.

Outdoor speakers shall be set back at least 50 feet from all lot lines.

Curbing.

Interior curbs shall be used to separate driving areas from exterior fixtures, such as canopy supports and landscaped islands. The curbs shall be of a mountable design with a minimum reveal of six inches.

Application requirements:

A traffic impact study, as required by the SALDO, shall be submitted to provide information which will be used to determine the necessary stacking area and the impacts of the proposal upon local traffic circulation.

(14)

H12, Electric vehicle charging station. A parking space and associated vehicle charging equipment located on any tract or parcel having a principal use thereon which is available for use by the public. Electric vehicle charging stations shall be permitted subject to the following conditions:

General.

Electric vehicle charging stations shall be located in parking areas where the electric vehicle supply equipment does not block visibility of oncoming traffic or pedestrians at aisle and intersections.

Electric vehicle charging stations shall not include any advertising, video screens, digital promotion, entertainment, or branding identification except a data plate as needed for identification.

The following information shall be available at all electric vehicle charging stations:

Voltage and amperage levels.

Hour of operations if time limits or towaway provisions are to be enforced by the property owner.

Usage fees.

Safety information.

Contact information for reporting when the EVSE is not operating or other problems.

Electric vehicle charging stations and associated parking spaces shall be illuminated for identification and safety in accordance with SALDO lighting standards.

Electric vehicle charging stations shall be separated from associated parking spaces by curb stops, curbing, or bollards to protect the EVSE from errant vehicles and snowplows.

All electric vehicle charging stations shall not satisfy required parking requirements if they are reserved for charging purposes only.

Proprietary electric vehicle charging stations that serve only one type, make, or model of vehicle shall not satisfy required parking requirements.

An electric vehicle charging space located in a multi-family residential development shall satisfy parking requirements.

Canopies of any kind are prohibited.

Access and location.

Electric vehicle charging stations shall be easily accessible and available to the general public.

Electric vehicle charging stations shall not be located in parking aisles fronting on a street.

Electric vehicle charging stations shall be located such that at least 20% of the required parking is located closer to the primary building entrance than electric vehicle charging spaces.