Township of Smithfield, PA PART 5 SUPPLEMENTARY REGULATIONS

§ 27-501 Permitted Modifications of District Requirements.

[Ord. 187, 4/18/2008]

1. Existing Nonconforming Lots.

A. Nonconforming Lots in All Districts. A nonconforming lot, separated in ownership from any adjoining tracts of land on the effective date of this Chapter may be used for a one family residence in any district in which such use is permitted provided such lot shall be developed in conformity with all applicable district regulations other than minimum lot area, lot width, side yard and rear yard. Existing small lots meeting the above stipulations shall comply with the following; provided, that no one family residence shall be erected upon a lot having a width of 58 feet or less, except pursuant to variance application procedures as hereinafter set forth:

One-Family Residences
For Lots Having a Width (In Feet) Greater than but less than		Minimum Side Yard (In Feet)	Total Both Side Yards (In Feet)	Minimum Rear Yard (In Feet)
99	150	20	45	20
79	100	15	35	15
59	80	12	30	10

B. Nonconforming Lots in Nonresidential Districts. If a nonconforming lot is located in a nonresidential district then a building may be constructed on it for any use permitted in the district in which the lot is located provided that the off-street parking and loading requirements and all yard requirements for the applicable district are complied with.

2. Exceptions to Yard and Height Requirements.

A. Entries and Porticos. A roofed-over or unenclosed projection in the nature of an entry or portico, not more than eight feet wide and extending not more than six feet out from the wall of the building shall be exempt from front yard requirements when the building otherwise complies with all other yard requirements of this Chapter.

B. Porches. A roofed-over porch, not in excess of 12 feet wide, may project into the required rear yard provided such projection is not located closer than 15 feet from any rear or side lot line.

C. Setback Exception. When an unimproved lot is situated between two improved lots, each having a principal building within 20 feet of the side lot line of the unimproved lot, the front yard may be reduced to a depth equal to that of the greater front yard of the two adjoining lots but not less than 20 feet in residential districts and 10 feet in nonresidential districts.

D. Front Yards on Narrow Roads. On roads with less than a forty-foot right-of-way, the front yard setback shall be measured from the center line of the existing road, and 20 feet shall be added to the front yard setback.

E. Exceptions to Height Regulations. District height limitations shall not apply to church spires, cupolas, domes, monuments, water towers, chimneys, smoke stacks, farm structures, silos, flag poles, utility poles. Radio and television masts, antennas or aerials shall be permitted to be attached to and extend above existing structures a maximum of 20 feet.

F. Projection Architectural Features. Bay windows, cornices, eaves, fireplaces, chimneys, window sills, or other architectural features not required for structural support may project into the required side, front or rear yard not more than a total of three feet.

G. Limited Township Exemption. The minimum lot area and minimum lot width and height requirements of this Part shall not apply to uses or structures located on Smithfield Township property, for uses and structures that are intended for a legitimate governmental, recycling, public utility, public health and safety purposes or other public benefit.

3. Conservation Subdivisions. A conservation subdivision is one where lots or dwelling units are clustered closer together on a tract with the specific objective of creating large usable sections of open space on the remainder of the property and without substantially increasing density for the tract as a whole. Conservation subdivisions shall be allowed in any district where residential uses are permitted. The purposes of conservation subdivision include:

•	Guiding the development of Smithfield Township consistent with its adopted Comprehensive Plan.
•	Guiding detailed analysis of parcels to identity the best areas for development and conservation.
•	Maintaining the existing landscape character by preserving open spaces and natural resources.
•	Preserving scenic views by minimizing views of new development from existing roads.
•	Preserving prime agricultural and forest land by concentrating housing elsewhere.
•	Providing common open space for recreation by home buyers and, if necessary, the community.
•	Providing lot sizes, housing choices and building densities for all age and income groups.
•	Providing buffering between residential development and nonresidential uses.
•	Minimizing disturbance to the existing environment while accommodating growth.

Provided below is an illustration, followed by the regulations that shall apply to such development in Smithfield Township:

A. The Township Board of Supervisors shall be authorized, simultaneously with the approval of plans under the Smithfield Township Subdivision Ordinance [Chapter 22], to modify applicable provisions of this Chapter so as to accommodate conservation subdivision projects. Conservation subdivisions offer flexibility in design, facilitate the economical provision of streets and utilities and preserve open space. They shall be allowed within any Smithfield Township residential district and be processed pursuant to subdivision plat approval procedures.

B. The Planning commission or Township Board of Supervisors may also suggest conservation subdivision, as a form of development, in those instances where conventional subdivisions or residential developments would cause significant loss of open space or otherwise result in significant negative environmental impacts. An alternative sketch plan employing this concept may be required.

C. Conservation subdivisions provide for single and multi-family dwelling units wherein dwelling units are grouped in sections in order to maximize the amount of common open space and to preserve the natural features. Proposed developments shall be processed in the same manner as a major subdivision and in accordance with the standards below.

D. Conservation subdivisions shall include at least five lots and 10 acres of contiguous land. The Planning Commission shall have the authority to request the submission of an alternative sketch plan, for any subdivision of 10 lots or more, depicting how the property might be developed using this technique. If this alternative sketch plan is determined to provide a superior design in accord with the purposes of this Chapter, the Board of Supervisors may offer a density bonus in return for use of the conservation subdivision technique. Such bonus shall be determined using the following criteria:

0% to 25% open space	No density bonus
26% to 30% open space	10% density bonus
31% to 35% open space	15% density bonus
36% to 40% open space	20% density bonus
41% to 45% open space	25% density bonus
46% to 50% open space	30% density bonus
50% + open space	35% density bonus

Nothing herein, however, shall require the Township Board of Supervisors to offer a density bonus or full bonus in those circumstances where the site limitations are such that increased density would materially impact the quality of the natural environment, threaten public health and safety or excessively burden public services. These bonuses have been created concurrently with the lowering of densities in certain zoning districts (e.g., R-1 District minimum lot area with on-site sewage and on-site water has been increased from 40,000 square feet to 50,000 square feet). Where application of the density bonus results in a total potential build-out greater than that which was possible prior to the availability of density bonuses hereunder, the Board may limit the bonus to maintain a comparable overall density to that possible prior to the availability of bonuses.

E. The maximum permitted number of dwelling units before density bonuses shall be determined from the sketch plan submitted for a conventional single-family subdivision with one unit per lot. Such yield plan shall illustrate all proposed lots, streets, right-of-way and other pertinent features. Although it must be drawn to scale, it need not be based on a field survey. Nevertheless, it must be a realistic layout reflecting a development pattern that could reasonably be expected to be implemented, taking into account the presence of wetlands, floodplains, steep slopes, existing easements or encumbrances, the type of sewage system proposed, and, if unsewered, the suitability of soils for subsurface sewage disposal. The yield plan shall also be based on minimum lot sizes and other development standards for the zoning district involved, excepting that the provisions of § 27-401, Subsection 2, shall not apply.

F. Only single-family detached and two family dwellings shall be employed in this concept. All other dwelling types shall be considered multi-family dwellings.

G. Development standards for streets, lot size, lot width, lot coverage and lot depth may be reduced, provided no dwelling structure (single-family or two family) is located on less than:

(1) Forty thousand square feet of land where both on-site sewer and water facilities are to be provided.

(2) Thirty thousand square feet of land where central water facilities and on-site sewer facilities are to be provided.

(3) Fifteen thousand square feet of land where on-site water facilities and central sewer facilities are to be provided.

(4) Seven thousand five hundred square feet of land where both central sewer and central water facilities are to be provided.

This shall not, however, preclude smaller lots for purposes of conveying title to individual property interests under condominium ownership where these development standards are otherwise met. A mix of lot sizes will be encouraged and up to 20% may consist of lots of 10 acres or more that shall be counted as open space for density calculation purposes, if deed restricted from further subdivision. Such lots shall not represent more than 50% of the open space, however, and shall be contiguous to such open space. Yard requirements may also be reduced, but in no instance to less than 20 feet for the front yard and 10 feet for the side and rear yards, except in instances where zero lot line development is proposed with compensating yards on the opposite side. Notwithstanding these yard requirements, however, all principal structures shall be separated by a distance of at least 40 feet. Also, no more than 35% of any given acre shall be covered with impervious surface in the form of access drives, parking areas or structures.

H. No individual parcel of common open space shall be less than one acre except as to roadway median strips, traffic islands, walkways, trails, courtyards, play areas, recreation facilities, drainage ways leading directly to streams, historic sites or unique natural features requiring common ownership protection. No more than 50% of the permanent open space may consist of wetlands, floodplains, slopes of 25% or more, water bodies and other undevelopable areas unless the same have been incorporated into the open space in such a manner as to make substantial practical use of these areas for trails, other active recreational uses (e.g., ballfields, golf courses and ski slopes) or similar development features, including use for stormwater detention and sewage treatment (see Subsection 3K). Such determination shall, however, be solely in the discretion of the Township Board of Supervisors. The Township may also require open space linkages with adjoining properties, set-asides of active recreation area for residents and fronting of up to 50% of lots on open spaces. All open space dedicated to such recreational use shall be accessible by all residents of the conservation subdivision.

I. The open space resulting from conservation subdivision design shall be permanently protected through a conservation easement that limits future development and requires conservation of open spaces consistent with the detailed requirements of this Chapter. The easement shall be titled to a property owners association (POA), land trust, municipality or other public entity (e.g., the County or School District) and/or placed under the management of such an organization to ensure the perpetual maintenance of the open space in its generally existing condition, which land may be used for any Township approved open space purpose including farming, active or passive recreational use and similar activities that will effectively preserve open spaces and the existing landscape character, prior to the sale of any lots or dwelling units with the subdivision.

J. Membership in any POA to which open space is to be dedicated shall be mandatory for each property owner within the subdivision and successive owners with voting of one vote per lot or unit and the subdivider’s control, therefore, passing to the individual lot/unit owners on sale of the majority of the lots or units. All restrictions on the ownership, use and maintenance of common open space shall be permanent and the POA shall be responsible for liability insurance, local taxes, and maintenance of all open space, recreational facilities and other commonly held amenities. Each property owner must be required to pay their proportionate share of the POA’s cost and the POA must be able to file liens on the lot/unit owner’s property if levied assessments are not paid. The POA must also have the ability to adjust the assessment to meet changing needs.

K. Wells and sewage treatment systems of either an individual or community nature may be located within or extend into open space areas provided that land occupied by for infrastructure associated with such systems shall not count toward open space requirements and further provided that subsurface sewage disposal methods are employed, all required isolation distances are observed and the ownership and maintenance responsibilities associated therewith are clearly defined in agreements submitted for approval as part of the subdivision application. No application shall be approved that does not provide buyers of lots served by individual or community subsurface systems with both the legal authority and the responsibility, individually or collectively, to maintain all sewer and water facilities on a continuing basis. Likewise, portions of street right-of-ways may be included within the required open space where such portions are not cleared in conjunction with the initial street construction.

§ 27-502 Supplementary Lot, Yard and Height Regulations.

[Ord. 187, 4/18/2008; Ord. 188, 5/27/2008; Ord. 237, 7/28/2020; Ord. No. 258, 9/23/2025]

1. Corner Lots.

A. Obstructions at Road Intersections. No obstruction to vision (other than an existing building, post, column or tree) exceeding 30 inches in height shall be erected, planted or maintained on any lot within the triangle formed by the road lines of such lot and a line drawn between points along such road lines 30 feet distant from their point of intersection.

B. Rear and Side Yards. On a corner lot, front yards are required on both road frontages, and one yard other than the front yards shall be deemed to be a rear yard and the other or others, side yards.

2. Through Lots. Where a lot extends through from road to road, the applicable front yard regulations shall apply on both frontages.

3. Driveways. No driveway shall provide access to a lot located in another district, if such lot is used for purposes prohibited in the district in which the driveway is located.

4. Waiver of Yards. No side yard or rear yard shall be required with respect to lots used for business or industrial purposes where such yard abuts an operating railroad right-of-way.

5. Two or More Buildings on a Lot. Two or more principal buildings located on a parcel in single ownership shall conform to all the requirements of this Chapter which would normally apply to each building if each were on a separate lot. Separation between buildings shall be a minimum of 40 feet.

A. A building group may not be so arranged that any permanently or temporarily inhabited building is inaccessible by emergency vehicles.

6. Please see Ch. 32, Outdoor Lighting Standards, for regulations on lighting.

7. Landscaping. In an attempt to preserve and enhance the beauty of the natural forestation of Smithfield Township, all new construction should be carried out in a manner that prevents complete clearing and grubbing of the natural growth of the construction site. Where a nonresidential subdivision or land development is proposed, altered or expanded, landscaping shall be required in accordance with applicable standards below:

A. Tree fences or other approved landscaping features, shall be provided for screening purposes along any boundary of a commercial, planned boulevard and/or manufacturing lot which abuts an existing lot used solely for residential purposes. Minimum height and density of the screening features shall be approved by the Board of Supervisors.

B. Trees or other approved natural landscaping features, such as shrubbery, grass areas, ornamental bushes or flower beds, shall be required in a ten-foot wide landscaped area along any street side property line except, at driveway opening. A four-foot wide landscaped area shall be required along each non-street side property line except at driveway openings. All such plantings shall be located on the site in a manner that will not interfere with traffic and safe sight vision. The maximum height of shrubbery and bushes shall be 32 inches.

(1) A minimum of one tree shall be planted within the perimeter planting area for every 50 feet of the perimeter of the parking area exclusive of driveway widths. Required perimeter trees shall be planted no less than 25 feet and no more than 50 feet apart. Interior landscaped islands within parking areas shall include one shade tree for each 20 feet in length and five shrubs for each 40 feet in length.

C. All nonresidential parking lots for off-street parking or for the storage or movement of motor vehicles located in front of the building shall be separated from the ultimate right-of-way line by a buffer yard not less than 25 feet in width. The buffer yard shall include a dense screen planting of trees, shrubs or other plant barrier to visibility, airborne particles, glare and noise. Such screen planting may be located within the required front yard setback and shall be in accordance with the following requirements:

(1) Plant materials used in screen planting shall be at least four feet in height when planted and be of such species as will produce, within two years, a complete year-round evergreen visual screen of at least six feet in height. The plant material shall include a mix of canopy trees, flowering trees, evergreens, and deciduous and evergreen shrubs.

(2) The screen planting shall be maintained permanently, and any plant material which does not live shall be replaced within six months. A performance bond shall be posted with the Township in an amount equal to the estimated cost of trees and plantings, to be released only after the passage of the third growing season following planting. A plan for the perpetual care of the buffer area shall be provided to the Township.

(3) The screen planting shall be spaced so that at maturity it will not be closer than three feet from any right-of-way or property line.

(4) The screen planting shall be broken only at points of vehicular or pedestrian access.

(5) No structure, parking area, driveway or road or storage of materials shall be permitted in the buffer yard, except for necessary driveway access crossing a buffer.

(6) Required buffer plantings shall be placed on a berm of four feet to six feet in height; except, however, where the topographic conditions or existing vegetation make it impractical or undesirable to accommodate a berm and so long as the intent of this Section has been met.

(7) The following quantities of plant materials shall be required:

Buffer Planting Requirements
Plant types	Size	Plant Quantities Required
Evergreens	6 to 7 feet in height; 3 to 3 1/2 inches caliper	1 evergreen per 20 feet of buffer
Shade trees		1 shade tree per every 3 evergreens, or approximately 1 per 60 feet of buffer length
Ornamental Flowering Trees	8 to 10 feet in height; 2 1/2 inches caliper	1 flowering tree per every 3 evergreens, or approximately 1 per 60 feet of buffer length
Shrubs	Minimum 4 feet in height	5 shrubs for every 1 evergreen or approximately 1 per 4 feet of buffer length

D. In addition to conforming to all parts of this Section, all planting shall be done in accordance with good nursery and landscape practice. Trees shall be of nursery stock quality of a species grown under the same climatic conditions as the area of proposed use. Topography, natural and historical features shall be considered by the subdivider/developer and the Township in selecting and approving species.

E. Where applicable, the Township may require that a covenant running with the land shall be recorded delineating the responsibility of the owner of record for maintenance and replacement to the planting.

F. Notwithstanding any other provisions of the Township ordinances to the contrary, where the owner of a nonconforming commercial subdivision or commercial land development or industrial use seeks approval for expansion of that nonconforming use, the landscaping provisions set forth herein shall be observed.

G. The construction of off-street parking areas must be in conformance with the construction standards set forth in the Township Subdivision Ordinance [Chapter 22].

§ 27-503 Accessory Buildings and Uses.

[Ord. 187, 4/18/2008]

1. Attached Accessory Buildings. An accessory building attached to a principal building used for residential purposes shall be considered to be a part of the principal building.

2. Detached Accessory Building. Buildings accessory to residential buildings not attached to the principal building may be located in any required side or rear yard provided:

A. Such detached accessory building shall not exceed one story in height and shall not have or contain any living space.

B. The square footage of a detached accessory building shall not exceed the square footage of the footprint of the principal building located on said lot, or, shall not exceed the total square footage permitted of 20% of the building coverage allowed per Schedule I, including the square footage of the principal structure, whichever is less.

C. Such detached accessory buildings shall be set back at least 10 feet from rear or side property lines.

3. Nonresidential Accessory Buildings and Uses. Such buildings and uses shall comply with front and side yard requirements for the principal building and shall have a rear yard of at least 20 feet.

4. Setback Requirements. No attached accessory building or use or detached accessory building or use in residential areas shall project nearer to the road on which the principal building or use fronts than such principal building or use.

5. Private Outdoor Swimming Pools. A single private outdoor swimming pool is permitted on the same lot with a residence, subject to the following conditions:

A. Such pool is for the private use of the residents of the dwelling unit or their guests.

B. The edge of the pool is not located closer than 20 feet to any lot line.

C. In grounds pools shall be completely surrounded by a fence or wall with a self-closing and self-locking gate that is not less than four feet in height.

6. Storage of Vehicles and Boats.

A. Commercial farm vehicles are permitted as an accessory use to a commercial farm located in a residential district.

B. One commercial vehicle not exceeding 25 feet in length may be parked on an occupied lot in any residential district provided such vehicle is not parked between the road line and the principal building.

C. One boat, not over 25 feet in length, may be stored on an occupied lot in any residential district provided such boat is not stored between the road line and the principal building.

D. One travel trailer may be stored on an occupied lot in any residential district provided such travel trailer is not stored between the road line and the principal building.

7. Bus Shelters. Bus shelters are permitted in any district provided they meet the following conditions:

A. Must be located at a designated East Stroudsburg School District bus stop or designated MTA bus stop. In the event a designated bus stop is eliminated, the shelter shall be removed within 30 days from date of notification.

B. The shelter shall be located at least 10 feet from the road right-of-way.

C. A sign is permitted on each side of the shelter. The maximum size per sign is 24 square feet, The sign must be fastened flat against the wall and is not permitted to extend beyond the wall in any direction.

D. The size of the shelter shall not exceed the following dimensions: eight feet long; eight feet wide; eight feet high.

E. The shelter shall have a floor, a roof and three sides.

F. The shelter must be maintained structurally safe and free of trash.

G. Ownership of such shelter shall be indicated on the permit. The owner shall assume all liability for the permitted shelter.

8. Transient Retail Businesses. All transient retail businesses shall fully comply with the requirements of Chapter 13, Part 2, of this Code. Such businesses shall be limited to operation for 30 days per event or sales period and 60 days total per calendar year.

§ 27-504 Sign Regulations.

[Ord. 187, 4/18/2008; as amended by Ord. 192, 11/20/2008; and by Ord. 237, 7/28/2020]

1. The purpose of this Section is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor advertising, outdoor advertising signs and outdoor signs of all types, It also protects property values, creates a more attractive economic and business climate, enhances and protects the physical appearance of the community, preserves the scenic and natural beauty of designated areas and provides a more enjoyable and pleasing community. It is further intended hereby to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights of way, provide more open space, and curb the deterioration of natural beauty and community environment.

A. Procedure. After the effective date of this Chapter and except as otherwise herein provided, no person shall erect any sign as defined herein without first obtaining a zoning/building permit therefor from the Zoning Officer.

(1) Application for Permit. Application for the permit shall be made to the Zoning Officer, in writing, upon forms prescribed and provided by the Zoning Officer and shall contain the following information:

(a) Name, address and telephone number of applicant.

(b) Location of building, structure, or land to which or upon which the sign is to be erected.

(c) A detailed drawing or blueprint showing a description of the construction details of the sign and showing the lettering and/or pictorial matter composing the sign; position of lighting or other extraneous devices; a location plan showing the position of the sign on any building or land, and its position in relation to nearby buildings or structures and to any private or public street or highway.

(d) Written consent of the owner of the building, structure or land to which or on which the sign is to be erected, in the event the applicant is not the owner thereof.

(e) A copy of any required or necessary electrical permit issued for said sign or a copy of the application therefor.

(f) Such other pertinent information as the Zoning Officer may require to insure compliance with this Chapter.

B. Registration of Signs. All signs must be registered with the Township Zoning Office. Signs which are nonconforming under the present Chapter may continue to be displayed, or replaced and/or altered to conform with this Chapter. All signs erected after the promulgation of this Chapter must conform to it.

C. Violations. Any sign which has not been registered as nonconforming or which has not received a permit from the Township Zoning Office within one year of the effective date of this Chapter shall be deemed to be in violation of these regulations and subject to the enforcement provisions of § 27-707 and Subsection 1G.

D. Fees. Fees for sign permits shall be as determined from time to time by resolution of the Township Supervisors, Such fees shall cover the cost of enforcing this Section for compliance with the purpose of this Section as stated in regulations.

E. Issuance of Permit. It shall be the duty of the Zoning Officer upon the filing of an application for a permit to erect a sign, to examine such plans, specifications and other data submitted to him with the application, and, if necessary, the building or premises upon which it is proposed to erect the sign or other advertising structure. If it shall appear that the proposed sign is in compliance with all the requirements of this Chapter and all other ordinances of the Township the Zoning Officer shall then, within 10 days, issue a permit for the erection of the proposed sign.

(1) Every sign shall bear a permit number issued by the Township, The number with text approximately one inch in height shall be permanently affixed to the structure thereof, Failure to affix the permit number shall constitute cause for revocation of the permit by the Zoning Officer in addition to any other penalties or remedies provided in this Chapter.

(2) If the sign authorized under any such permit has not been completed within six months from the date of the issuance of such permit, the permit shall become null and void, but may be renewed, within 30 days from the expiration thereof, for good cause shown upon payment of an additional fee established by the Township.

(3) The Zoning Officer shall require sign permits to be renewed every 12 months. Such renewal shall be granted following the receipt of annual renewal fees and reinspection of sign, and my be withheld only upon a determination by the Zoning Officer to the effect that such conditions as may have been prescribed by the Zoning Officer in conjunction with the issuance of the original permit have not been, or are being no longer, complied with. In such cases, a period of 60 days shall be granted the applicant for full compliance prior to the revocation of said permit.

(a) The re-inspection shall be performed on or about the anniversary of the expiration of the permit, At this time the Zoning Officer, or his designee, will determine if the sign is in conformance with the ordinance and is being properly maintained in accordance with requirements established from time to time by resolution of the Township Supervisors. If the sign is not in conformance, the Zoning Officer will not issue the annual permit and may remove or order the removal of the sign at the expense of the owner or lessor.

F. Permit Exceptions. The following operations shall not be considered as creating a sign and shall not require a sign permit:

(1) Replacing Copy. The changing of the advertising copy or message on an approved painted or printed sign or on a theater marquee and similar approved signs which are specifically designed for the use of replaceable copy, but replacing copy does not include the activities prohibited in Subsection 1N hereof.

(2) Maintenance. Painting, repainting, cleaning and other normal maintenance and repair of a sign or a sign structure unless a structural change is made, but sign maintenance and repair of a sign does not include the activities prohibited in Subsection 1N hereof.

(3) Window signs and signs exempt under the definition of “signs” in this Chapter are also exempt from permit requirements.

(4) Real Estate Signs.

(a) Temporary non-illuminated real estate signs not exceeding six square feet in area advertising the sale, lease or rental of the premises upon which the sign is located and limited to one such sign for each street frontage of a lot, parcel or tract that is less than two acres in area. Temporary real estate directional signs for each home, lot, parcel, or tract being sold showing a directional arrow and located on property outside any street right-of-way may be permitted on approach routes to said premises. There shall be at least 50 feet between any two such directional signs. The top of such signs shall not exceed three feet in height.

(b) Temporary non-illuminated real estate signs not exceeding 24 square feet in area advertising the sale, lease or rental of the premises upon which the sign is located and limited to one such sign for each lot, parcel or tract that is greater than two acres in area. If the lot, parcel of tract has multiple street frontage, only one additional sign not exceeding 24 square feet in area may be permitted on the premises, provided that said second sign is placed facing the additional street frontage.

(c) Not more than two temporary non-illuminated subdivision identification signs located on the premises shall be permitted for a subdivision of six lots or more which has been approved by the Township, provided that each such sign does not exceed 24 square feet in area, Temporary subdivision identification signs will not be permitted after residences have been erected on 75% of the lots in the subdivision or after more than 75% of the lots have been sold by the developer.

(d) One temporary non-illuminated subdivision directional sign may be erected near each intersection of a collector or major street leading to the subdivision with a maximum of four such subdivision directional signs permissible for any one subdivision of six lots or more which has been approved by the Township. The content of such signs shall be restricted to the name of the subdivision, the name of the developer and/or agent and shall not be greater than four square feet in area. The top of such signs shall not exceed eight feet above grade. No illumination will be permitted and such signs shall not be less than 25 feet from the nearest street line and 200 feet from the nearest right-of-way intersection of any two streets.

(e) The realty company, agent or owner must annually submit the name and phone number of a contact person responsible for the placement and removal signage place within Smithfield Township.

G. Revocation of Permit. No sign, whether new or existing, shall hereafter be erected or altered, except in conformity with the provisions of this Chapter. However, notwithstanding any provisions contained herein, the sign must be kept clean, neatly maintained and free from all hazards, such as, but not limited to, faulty wiring, loose fastenings, and must be kept at all times in such safe condition so as not to be detrimental to the public health, welfare and/or safety.

(1) Any sign, whether existing on or erected after the effective date of this Chapter, which advertises a business no longer being conducted or a product no longer being offered for sale in or from the premises on which the sign is located or the sign indicates, shall be removed within 90 days upon the cessation of the business or sale of the product by the owner, agent or person having the beneficial interest in the building or premises on which the sign is located. If the Zoning Officer finds that any sign advertising a business no longer being conducted or a product no longer being offered for sale in or from the premises on which the sign is located has not been removed within 90 days upon the cessation of the business or sale of the product, the Zoning Officer shall give written notices to the owner, agent or person having the beneficial interest in the building or the premises on which the sign is located. The sign shall be removed within 10 days after receipt of the notice from the Zoning Officer. If the sign is not removed after the conclusion of the 10 days period, the Zoning Officer is hereby authorized to remove or cause the removal of the sign at the expense of the owner, agent or person having the beneficial interest in the building or premises on which the sign is located.

H. Signs Permitted in All Districts. Subject to the other conditions of this Chapter, the following signs shall be permitted within any district in the Township:

(1) Construction Signs. Temporary non-illuminated signs denoting the architect, engineer or contractor placed on premises where construction, repair or renovation is in progress, which signs shall not exceed 24 square feet in area.

(2) Project Identity Signs. A sign or notice erected by (a) a private agency or entity such as a railroad, public utility, radio or television transmitter; (b) a developer of a residential subdivision, planned residential subdivision development, condominium or multiple dwelling unit project, containing 20 or more lots, condominium units, townhouses, apartments or other permitted, dwelling types which are intended for residential occupancy; or (3) Federal, State, County, municipal or other governmental entities for governmental uses and purposes. Project identity signs shall be subject to the following conditions:

(a) All project identity signs shall be solely for purposes of providing direction, identity, information or protection to the public on either a temporary or permanent basis.

(b) All project identity signs shall be freestanding and shall meet the following design criteria:

1) All project identity signs shall be set back 10 feet from any road right-of-way or property line.

2) All project identity signs shall not exceed a maximum of 24 square feet of message area surface per side. Project identity signs shall be permitted to have two sides, each of which shall not exceed 24 square feet of message area surface per side or 48 square feet of, message area for both sides. Project identity signs may be constructed in an angle or shape. Only one temporary or permanent project identity sign may be located at each entrance except as hereinafter set forth. Project identity signs may be located on either side of an entrance or two permanent project identity signs may be permitted at each entrance, one on each side; provided, that each permanent sign shall be limited to a total of 24 square feet for display on each side of the road entrance to the development; provided, the signs are placed on and parallel to the face of a wall, The wall shall be constructed from brick, stone or other masonry material.

The sign shall either be embedded in or fastened to the face of the finished wall surface if block is used as the masonry material, The wall shall have a finished surface of stone or brick. Wall height shall not exceed six feet. Wall length shall not exceed 10 feet.

3) All project identity signs shall not exceed eight feet in height measured from the final grade level and the message area shall be no lower than 30 inches from the final grade level.

4) All project identity signs shall be landscaped in accordance with Subsection 1K(1)(l).

5) Illumination of all project identity signs shall comply with Subsection 1K(1)(k).

6) No free-standing project identity sign at the intersection of any two streets shall be placed within a sight triangle of less than 30 feet measured along street lot lines from their point of junction, and no obstruction shall be permitted within such sight triangles.

7) The message area of a temporary project identity sign shall be restricted to designating the name of the project, a project symbol, and the name, address, and telephone number of the developer, owner, or manager of the project.

8) Permanent project identity signs for residential subdivisions, planned residential developments, condominiums, or multiple dwelling unit projects may also include during the active sales or rental phase of the real estate subdivision a temporary sign not exceeding six square feet per side. The temporary sign shall include the name of the developer and a message using the words “For information please call [a specific phone number].” Temporary identity signs shall be detachable from the permanent project identity sign. This temporary detachable six square foot sign is permitted in lieu of signs permitted under Subsection 1F(4)(c). All temporary signs which are permitted under this Subsection 1H(2)(b)8), and temporary project identity signs, shall be removed when 90% of the available permitted dwelling types in a real estate project are sold or rented.

9) All project identity signs shall not be designed with or include changeable copy (changeable letters) which for purposes of this Section is defined as a sign design where the letters are interchangeable on a surface that may be magnetic or have slotted grooves where the letters or other elements of the message portion of the sign slide in and out, and/or electrical, mechanical or computerized characteristics, permitting the message portion of the sign, including symbols, to be changed.

10) The property on which a project identity sign(s) is (are) located must be owned by the public or private entity desiring to erect such sign and such land must be part of the real property/project identified by the project identity sign. In the case of a real estate subdivision, if the developer has transferred the property to a property owners association or homeowners association such property where the project identity sign is located may be owned by the property owners or homeowners association. The owner of the project identity sign(s) shall be responsible for the proper maintenance and care of the sign.

11) All other signs must be removed prior to issuance of a sign permit for a project identity sign.

(3) Civic and Religious Signs. Signs or bulletin boards customarily incidental to places of worship, libraries, colleges, other educational institutions, philanthropic and religious institutions, hospitals nursing homes, sanitaria, membership clubs and camps, social clubs and other civic organizations, which signs or bulletin boards shall not exceed 24 square feet in area and shall be located on the premises of such organizations. Any such sign shall be placed in accordance with the yard and setback requirements of the district in which said organization is located.

(4) Political Signs. Political signs as used in this Section shall mean any and all political signs and posters, except commercial billboards, used or intended to be used for the display of any announcement, advertisement or notice of any individual candidate for any public office.

(a) Must comply with Subsection 1I(1) and (2)(a) and (c).

(b) Such signs shall not be posted more than 30 days in advance of the election to which they pertain and shall be removed within five calendar days following the election for which they were posted.

(c) Maximum size of political signs shall not exceed 16 square feet in any zoning district.

I. Temporary Signs.

(1) Temporary promotional signs shall be permitted for a period not in excess of 10 days without cost, upon notice to the Township Zoning Officer, not to exceed two times per calendar year per business, Any use in excess of 10 days shall be permitted only upon application and payment of a filing fee for a temporary sign permit for a period of 30 days, not to exceed twice per calendar year per business; provided, that such temporary signs are not attached to fences, trees, utility poles or the like; and, further provided, that such signs are not placed or in any manner create a hazard or disturbance to the health and welfare of the general public.

(2) A fee, established by the Township, shall be paid prior to the issuance of a permit for such temporary sign, A minimum of $100 shall be deposited with the Zoning Officer to insure the removal of such signs at the expiration of the permit. The Zoning Officer, after 10 days written notice to the permit holder to remove such signs(s) and after the failure of the permit holder to remove such sign(s), shall cause said sign(s) to be removed and the cash deposit shall be forfeited to help defray the cost of removal.

(a) Unless otherwise provided herein, no freestanding temporary sign shall be erected nearer than 10 feet to any street right-of-way and 10 feet to any lot line or attached to any building, if closer.

(b) Temporary signs shall contain a maximum of 24 square feet per side with a maximum of two sides.

(c) Temporary free standing signs shall not exceed eight feet in height from average grade.

(d) Temporary promotional signs shall be located on the same lot as the business being promoted, except for the following activities:

1) Political campaigns.

2) Volunteer fire companies, volunteer ambulance companies, volunteer emergency companies or corps, serving Smithfield Township for fund-raising campaigns. (Must comply with Subsection 1I(1), above, except the maximum number of times per calendar year is waived). No other organization whatsoever shall be issued a permit with complying with Subsection 1I(1) and (2).

J. Signs Permitted in Residential Districts. Notwithstanding any provision to the contrary, when a property in a residential district is primarily utilized for the commercial purposes, either by continuation of a preexisting nonconforming use, or a use variance, the user will have the same rights to sign permits and sign installations applicable in a commercial zone, subject to the regulation of signs in a commercial zone.

(1) One home, residence, name, address or professional occupation sign not exceeding two square feet in area shall be permitted per single-family dwelling.

(2) One premises sign advertising a permitted customary home occupation provided that such sign shall not exceed four square feet in area.

(3) One premises sign advertising a permitted professional office or studio provided such sign shall not exceed four square feet for each office or studio.

(4) Premises signs advertising commercial agricultural operations, including crop farming and animal husbandry, on an active farm upon which said operations are conducted provided that there shall be not more than two separate signs with a total aggregate area not exceeding 24 square feet.

(5) Not more than two signs indication only the name of an active farm and not exceeding a total area of 12 square feet. Directional signs indication the location of an active farm not exceeding three square feet per sign.

(6) The Supervisors may permit signs to be artificially illuminated upon finding that such illumination is necessary to the permitted use which the sign advertises, or to the public welfare.

(7) The requirements for yards and setbacks which apply to the structure of any lot shall apply to all signs as permitted in this Section.

K. Signs Permitted in Commercial Districts.

(1) Premises or point of sale signs shall be regulated as follows:

(a) Not more than one such sign shall be permitted for each tenant on the premises on each building wall fronting on a street or parking area.

(b) The aggregate area, in square feet, of all signs on any building wall shall not exceed one square foot for every one foot in length of such building wall.

(c) Such sign or signs shall be parallel to the face of the building and no part thereof, including any illumination devices, shall project more than 12 inches beyond the face of the building.

(d) One freestanding premises sign shall also be permitted per developer parcel. Any freestanding sign shall be located not closer than 10 feet from any road right-of-way or a property line, and shall not exceed a maximum area of 32 square feet of sign surface per side (maximum of two sides). In the event that the frontage of a property is in excess of 400 feet, then two single-faced freestanding signs may be allowed with a maximum surface area of 32 square feet per sign. The maximum height should be 15 feet; however, with the approval of the Supervisors an increase in height may be allowed if it can be shown that excessive grade, building interference, bridge obstruction and the like exist, then the height may be increased to a maximum of 15 feet above highway grade.

1) All freestanding premises signs within the B-2 Business and Professional Office/Medical District shall be located on the property of the business or institution to which the sign refers.

(e) In lieu of a 32 square foot sign permitted under this subsection, a freestanding sign of not more than 45 square feet may be permitted in accordance with the procedures and requirements of § 27-704, “Permit Application Procedures for Conditional Uses,” and subject to the following conditions:

1) One sign per lot shall be permitted. No additional freestanding signs of any size shall be permitted under this conditional use.

2) The size, shape, color, lighting, manner of display, lettering and placement of such sign shall take into consideration the architectural uniqueness of the building.

3) The maximum height of the sign is not to exceed 15 feet. However with the approval of the Supervisors an increase in height may be allowed if it can be shown that excessive grade, building interference, bridge obstruction and the like exist, then the height may be increased to a maximum of 15 feet above highway grade.

4) The sign shall be set back a minimum of 10 feet from the road right-of-way and/or property line, whichever applies.

5) The building is located more than 50 feet from the highway right-of-way.

(f) On any motor vehicle service station not more than one pole sign erected on the premises for the purpose of advertising the brand of gasoline sold at such service station, provided such pole sign shall have a maximum area of not more than 64 square feet, and a maximum height not to exceed the height limitations of the district in which said service station is located. Said single standard sign may be erected in a required front yard for purposes of identification.

(g) No neon sign or similar illuminated advertisement shall be of such color or located in such a fashion as to diminish or detract in any way from the effectiveness of any traffic signal or similar safety or warning device.

(h) No free standing sign at the intersection of any two streets shall be placed within sight triangle of less than 30 feet measured along street lot lines from their point of junction, and no obstructions shall be permitted within such sight triangles.

(i) Shall not extend beyond the maximum permitted building height as elsewhere specified by this Section.

(j) That adequate measures be taken to prevent the accumulation of refuse or trash upon the lot.

(k) If illuminated at night, such illumination shall employ only lights emitting a light of constant intensity, with all light sources either placed internally within the sign and projected through a translucent background or shielded from the view of adjacent lots and streets through the use of shielded light fixtures or landscape planting and no sign shall contain flashing, intermittent, rotating or moving light or lights, and shall be extinguished not later than midnight.

(l) A landscaped island with a minimum of 32 square feet in area, and a minimum height of one foot is required around the sign support(s). The island shall be formed from materials such as, but not limited to, stone, brick, landscape timbers, The area of the island shall be maintained as necessary to keep it free of, weeds and brush. A sketch of the sign and island shall be submitted with the zoning permit application for review and approval by the Zoning Officer.

(2) Commercial advertising signs, including directional signs other than official directional signs, are prohibited on developed properties, except that:

(a) Where large numbers of either directional or commercial advertising signs are justified to serve a developed lot, commercial park or an industrial park with multiple business uses; a sign plaza may be established wherein all such signs shall be consolidated and confined within a single frame or as a combination of sign panels.

1) The size, shape, color, lighting, manner of display, lettering, and placement of such consolidated or combined signs at any such sign plaza shall take into consideration the architectural uniqueness of the building or center.

a) The height of the sign frame shall not exceed the height as permitted in Subsection 1K(1)(d).

b) The maximum signage area shall not exceed 100 square feet per side.

2) Any such sign plaza shall be subject to approval by the Supervisors in accordance with the procedures and requirements of § 27-704, entitled “Permit Application Procedures for Conditional Uses.”

3) Building signs shall be limited to a maximum of six square feet per tenant and in no case shall the aggregate area, in square feet, of all signs on any building wall exceed one square foot for every one foot in length of such building wall.

a) Design, Style, Frame. Each wall, canopy or marquee sign shall be similar in design, style, frame, lettering and material.

4) Any such sign plaza shall be subject to all applicable State regulations and shall be erected and maintained under the regulations of the Pennsylvania Department of Transportation, where applicable.

5) Landscaping shall be provided and regulated in accordance with Subsection 1K(1)(l).

(3) Identification and directional signs shall be regulated as follows:

(a) One identification sign is permitted at each point of access to the lot, with an area of not more than three square feet, and internal directional signs, each with an area of not more than two square feet. Illumination is regulated as specified in Subsection 1K(1) (l).

(b) One free standing back to back off-premises directional sign shall be permitted on an undeveloped lot on condition that no such sign shall exceed 24 square feet in area per sign face, and that no such sign shall be located closer to any street right-of-way or property line than 10 feet, In the event that the frontage of a property is in excess of 400 feet, then two single-sided free standing signs may be allowed with a maximum surface area of 24 square feet per sign.

(4) Commercial advertising signs shall be permitted and regulated in accordance with Subsection 1K(2) and M herein.

(5) Multiple Establishments on Single Lots in ED Zoning Districts. Multiple establishments on single zoning lots that do not constitute a shopping center may erect one monument sign with a maximum size of 45 square feet and height of eight feet or one pole sign with a maximum size of 32 square feet and height of 15 feet, In addition, each establishment located on a single zoning lot with two or more establishments may erect one sign as follows:

(a) Type. Wall, canopy or marquee.

(b) Maximum Size and Height.

1) Wall or Marquee Sign. One square foot of sign area per one linear foot of building frontage on which the sign or signs are to be attached, up to a maximum of 100 square feet in area for all wall or marquee signs. The top of all wall and marquee signs shall be below the roof line and at a height no greater than 20 feet above the ground.

2) Awning or Canopy Sign. One square foot per two linear feet of awning or canopy, up to a maximum of 16 square feet in area. No awning or canopy sign shall extend above the top of the awning or canopy.

(c) Design, Style, Frame. Each wall, canopy or marquee sign shall be similar in design, style, frame, lettering and material.

(6) Shopping Centers. Shopping centers located on five or more acres of land under single ownership with five or more establishments planned as an integrated development shall be authorized to erect signs based on the following criteria:

(a) Center Identification Sign. One monument or pole sign per street fronting the center, not to exceed a total of two signs, identifying the name of the center. The name of any major establishment within the center may serve as the name of the entire center.

1) Monument Sign. Each sign shall have a minimum area of 45 square feet per side and a maximum area of one square foot per 3,000 square feet of gross building floor area up to a maximum sign area of 100 square feet per side and a maximum height of 15 feet.

2) Pole Sign. Each sign shall have a minimum area of 45 square feet and a maximum area of one square foot per 3,000 square feet of gross building floor area up to a maximum of 100 square feet. The top of the pole sign shall not exceed 15 feet in height and the base of the pole sign shall be at least eight feet above the ground.

(b) Individual Establishment Signs. No freestanding sign shall be displayed for individual establishments located within a center. Any establishment may display one sign per street frontage, up to a maximum of two signs, according to the following criteria.

1) Wall or Marquee Sign. One square foot of sign area per two linear feet of building frontage on which the sign or signs are to be attached, up to maximum of 16 square feet in area for all wall or marquee signs. The top of all wall and marquee signs shall be located below the roof line and at a height no greater than 20 feet above the ground.

2) Awning or Canopy Sign. One square foot per two linear feet of awning or canopy, up to a maximum of 16 square feet in area, No awning or canopy sign shall extend above the top of the awning or canopy.

3) Design, Style, Frame. Each wall, canopy or marquee sign shall be similar in design, style, frame, lettering and material.

(7) Office Centers. Office centers at least five acres in size and planned as an integrated development shall be authorized to erect signs based on the following criteria:

(a) Center Identification Signs. One monument sign per public street frontage, not to exceed a total of two monument signs, identifying the name of the center only and not exceeding 45 square feet in area and 15 feet in height.

(b) Individual Building Signs. Where an office center is comprised of two or more buildings, each individual building may erect one monument or freestanding sign, not to exceed 20 square feet in area and six feet in height, identifying the principal establishment within the building.

(c) Individual Establishment Signs. Each individual establishment within an office building may erect one wall sign up to a maximum of six square feet in area. The top of the wall sign shall be located below the roof line and at a height no greater than 10 feet above the ground.

1) Design, Style, Frame. Each wall, canopy or marquee sign shall be similar in design, style, frame, lettering and material.

(8) Theaters. Theaters are authorized to erect one of the permitted wall or marquee signs with a changeable copy board displaying the name(s) and time(s) of the current motion picture or theatrical production, Application for sign shall follow procedures as specified in Subsection 1K(2).

(9) Regional Shopping Centers.

(a) Permanent Signs. Regional shopping centers as defined in § 27-1002 of this Chapter shall, subject to prior review and approval of a master signage plan by the Board of Supervisors, be permitted by the Zoning Officer to erect such permanent signs as are detailed for regional shopping centers on the schedule of sign regulations.

(b) Temporary Signs. One temporary regional shopping center announcement sign may be erected on the center property during the course of construction, for a maximum of one year, subject to the following standards:

1) The height of such temporary sign shall be maximum of 12 feet and the sign are shall be a maximum of 128 square feet per side.

2) Such sign shall be set back at least 15 feet from the road right-of-way and shall not obstruct the sign triangle vision at any intersection, traffic control sign or traffic control signal, nor project into a public right-of-way.

3) Such sign shall comply with all applicable Pennsylvania Department of Transportation rules and regulations and not be illuminated.

L. Signs Permitted in Industrial Districts.

(1) Premises or point of sale signs shall be permitted and regulated in accordance with Subsection 1K herein.

(2) Identification and directional sign shall be permitted and regulated in accordance with Subsection 1K(3)(a) herein.

(3) Commercial advertising signs shall be permitted and regulated in accordance with Subsections 1K(2) and M herein:

(4) Premises or point of sale signs shall be permitted and shall be designed as part of the architectural design of the building or as part of the site plan for any lot, provided that the aggregate area of any such sign shall not exceed two square feet for each horizontal linear foot of building wall facing the same street which the sign faces.

(5) Signs necessary to identify an industrial park provided that an aggregate area of any such sign shall not exceed one square foot for each five linear feet of lot frontage on the same street which the sign faces.

(6) Directional signs shall be permitted provided that no such sign exceeds three square feet in area or contains any advertising.

(7) Multiple establishment signs may be permitted and regulated in accordance with Subsection 1K(5) herein.

(8) If illuminated at night, such illumination shall employ only lights emitting a light of constant intensity, with all light sources shielded from the view of adjacent lots and streets through the use of shielded light fixtures or landscape planting, and no sign shall contain flashing, intermittent, rotating or moving light or lights, and shall be extinguished not later than midnight.

(a) Illumination shall not create glare or nuisance.

M. Commercial Advertising Signs. Commercial advertising signs, outdoor advertising structures, or billboards which advertise products or businesses not connected with the site on which they are located shall be permitted and regulated as separate uses on undeveloped property in the Economic Development (ED) and Industrial (M-1) Districts, except as otherwise provided under the establishment of sign plazas.

(1) No commercial advertising sign shall be closer than the permitted minimum setback requirement for an ED or M-1 Zoning District as set forth in Schedule I of this Chapter.

(2) There shall not be more than one commercial advertising sign structure displaying a maximum of 300 square feet of advertising space for every 500 linear feet of street frontage. A backup structure facing in the opposite direction shall also be permitted providing the aggregate advertising space (the combined square footage from both sides) thereon shall not exceed 300 square feet with each side being identical in size.

(3) Any commercial advertising structure shall have an open space of not less than three feet, nor more than 10 feet between its lower edge and the ground. However, this space may be shielded by an ornamental lattice or landscaping. Landscaping shall be in accordance with Subsection 1K(1)(l).

(4) No commercial advertising structure shall be more than 35 feet in height from ground level; provided, however, an increase in height may be allowed if it can be shown that excessive grades, buildings interference, bridge obstruction, and the like exist, then the height may be increased.

(5) No commercial advertising structure shall be permitted on a parcel of land with less than 500 feet of road frontage.

(6) No commercial advertising sign shall be located within 500 feet of another commercial advertising sign on the same side of roadway, whether on same parcel of land or adjacent or nearby parcel.

(7) Adequate measures should be taken to prevent the accumulation of refuse or trash upon the lot.

(8) Where an existing commercial advertising sign exists on a property proposing land development or alterations or enlargement of an existing use, said sign shall be removed.

N. Prohibited Signs. The prohibitions contained in this Section shall apply to all signs, all artificial lighting and all districts, regardless of designation, within the Township.

(1) No sign, including projecting signs, shall be located in or project over any street right-of-way except an official sign.

(2) No advertisement, advertising structure, billboard, building structure or other object shall be erected, used or maintained which in any way simulates official, directional or warning signs erected or maintained by the State or by the County or Township or by any railroad or public utility or similar agency concerned with the protection of the public health or safety.

(3) No sign or advertising device shall be erected or maintained at the intersection of streets in such a manner as to obstruct free and clear vision of the intersection.

(4) The following advertisements are specifically prohibited: Any advertisement which uses a series of two or more freestanding signs placed in a line parallel to the highway, or adjacent to each other, all carrying a single advertising message, part of which is contained on each sign.

(5)

(a) No sign or part thereof shall contain or consist of banners, posters, pennants, ribbons, streamers, spinners or other similar moving fluttering or revolving devices. The said devices, shall not be used for the purpose of advertising or attracting attention. Nor shall any sign use revolving panels or electronically or computer directed change or otherwise direct an advertisement or copy. No multi-vision, otherwise known as multi-message, sign or variable signs shall be permitted nor shall changing of an advertisement or copy otherwise than manually be permitted or deemed to be maintenance, repair or an incidental alteration to any sign.

(b) No sign shall utilize technology to send, transmit or communicate with cellphone or global positioning system devices in vehicles passing by the sign.

(6)

(a) Any illuminated sign or lighting device shall employ only lights or LEDs emitting a light of constant intensity, not to exceed the levels specified in the chart below, and no sign shall be illuminated by or contain flashing, intermittent, rotating or moving light or lights or revolving panels, whether or not such illumination, lighting device or projection lights are employed to change an advertisement or copy of any kind. In no event shall an illuminated sign or lighting device be so placed or directed so as to permit the beams and illumination therefrom to be directed or beamed upon a public street, highway, sidewalk or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance.

INTENSITY LEVEL NITS
COLOR	DAYTIME	NIGHTTIME
Red Only	3,150	1,125
Green Only	6,300	2,250
Amber Only	4,690	1,675
Full Color	7,000	2,500

(b) Prior to the issuance of a sign permit, the applicant shall provide a written certification from the sign manufacturer that the light intensity has been factory pre-set not to exceed 7,000 NITS, and the intensity level is protected from end-user manipulation by password-protected software or other appropriate method.

(c) No sign may be converted to a multi-vision, otherwise known as multi-message, or variable sign. Existing multi-vision, otherwise known as multi-message, or variable signs shall provide that (1) the static display time for each message shall a minimum of 30 seconds; (2) the time to completely change from one message to the next shall be a maximum of two seconds; and (c) the change of message shall occur simultaneously for the entire sign face.

(d) In the event the prohibition of multi-vision, otherwise known as multi-message, or variable signs is adjudicated to be invalid, the following provision shall become effective at the time that the adjudication of invalidity becomes final: Multi-vision, otherwise known as multi-message, or variable signs shall be prohibited in all districts other than industrial or commercial. No such sign shall be in excess of 300 square feet. Each such sign shall have only one face. Such sign shall comply with all other provisions of Township ordinances.

(e) Each sign shall provide (1) the static display time for each message is a minimum of 30 seconds; (2) the time to completely change from one message to the next is a maximum of two seconds; and (3) the change of message occurs simultaneously for the entire sign face.

(7) No signs shall be placed on the roof of any building or extend in height above the roof line of the building on which the sign is erected.

(8) Signs and Parked Vehicles. Signs placed on or affixed to vehicles (except magnetic or painted signage, applied to vehicles used on a daily basis to conduct normal day to day business) and/or trailers which are parked on a public right-of-way, public property or private property, so as to be visible from a public right-of-way where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property.

(9) Portable and Wheeled Signs. Portable and wheeled signs, except as a temporary sign, as provided for in Subsection 1I of this section.

(10) String of Lights. Including lights that outline property lines, sales areas or any portion of a structure or sign, and are intended to advertise or draw attention to a business or commercial activity, except lights used temporarily as holiday decorations.

Smithfield Township Zoning Ordinance § 27-504, Schedule of Sign Regulations - Regional Shopping Centers
Sign Type	Description and Maximum No. of Signs	Maximum Sign Area	Maximum Sign Height	Copy Permitted	Illumination Permitted	Minimum Setbacks	Minimum Landscape Requirements	Other Requirements
Center Identification Pylon (See Figure 1 Illustration)	1 pylon sign	150 square feet per face, 2 faces maximum	15 feet	1-Name of center 2-Center logo 3-Up to 3 tenant names	1-Internal 2-External, if shielded to prevent glare	15 feet from right-of-way, outside sight triangle of any intersection	100 square feet (See § 27-504, Subsection 1F)	1-Compliance with PennDOT regulations 2-Design compatible with architectural/site features 3-Durable materials (no low gauge sheet metal box signs) 4-Single pole signs not permitted
Center Monument Sign	1 monument (ground) sign per vehicular entrance	120 square feet per face, 2 faces maximum	10 feet	1-Name of center 2-Center logo 3-Up to 3 tenant names	1-Internal 2-External, if shielded to prevent glare	15 feet from right-of-way, outside sight triangle of any intersection	100 square feet (See § 27-504, Subsection 1F(6))	1-Compliance with PennDOT regulations 2-Design compatible with architectural/site features 3-Durable materials (no low gauge sheet metal box signs)
Building Identification Sign (See Figure 3 Illustration)	4 signs fitted into architectural elements of major structures	100 square feet per face, 4 faces maximum, 1 face per side of architectural element	35 feet	1-Name of center 2-Center log 3-Tenant names 4-Building names	1-Internal 2-External, if shielded to prevent glare	Same as building setbacks	None	1-Design compatible with architectural/site features 2-Design compatible with pylon and monument signs 3-Scale compatible with that of building element 4-Top of sign shall not extend above building roofline
Directional Sign	Signs directing pedestrian and vehicular traffic at internal driveway intersections and aisles	6 square feet per face, 4 faces maximum	5 feet	1-Name of center 2-Center logo 3-Directions (e.g. “one way,” “entrance” and “exit”)	None, but copy may be reflective	None	None	Design compatible with architectural/size features
Parking and Aisle Sign	Parking and driveway aisle identification signage place on parking lot light poles	6 square feet per face, 4 faces maximum	35 feet	1-Name of center 2-Center logo 3-Parking lot numbers, colors and names	None, but copy may be reflective	None	None	Design compatible with architectural/size features
Pathfinder Sign	1 sign per 50,000 square feet of gross leasable area or 5 stores, located at sidewalks or other internal center locations	15 square feet per face, 4 faces maximum	9 feet	1-Name of center 2-Center logo 3-Directions for pedestrians and customers	1-Internal 2-External, if shielded to prevent glare	None	None	Design compatible with architectural/size features
Service Court Identification Sign	1 sign per 30,000 square feet of gross leasable area, located at store delivery and service area entrances	7 square feet per face, 2 faces maximum	9 feet	1-Name of center 2-Center logo 3-Directions for service and delivery vehicles to service and delivery areas in center	None, but copy may be reflective	None	None	Design compatible with architectural/size features
Storefront Wall Sign	1 sign per tenant storefront, centered on tenant’s front store wall, facade or architectural element	2 square feet per linear foot of store facade visible, with width limited to 75% of facade width	Limited to height of parapet	1-Name of tenant 2-Tenant logo 3-Brand names	1-Internal 2-External, if shielded to prevent glare	None	None	1-Design compatible with architectural/site features 2-Copy limited to 36" in height for a single row of letters and 48 inches if 2 or more rows of copy are utilized
Highway Facade Wall Sign Facing Route 209	1 sign per store rear wall visible from Route 209, centered on rear wall, facade, other rear facing wall or architectural element (maximum of 2 signs)	2 square feet per linear foot of store facade visible, with width limited to 75% of facade width facing Route 209	Limited to height of parapet	1-Name of store tenant 2-Tenant logo 3-Brand names	1-Internal 2-External, if shielded to prevent glare	None	None	1-Compliance with PennDOT regulations 2-Design compatible with architectural/site features 3-Copy limited to 36" in height for a single row of letters 4-Type faces compatible with size and surrounding architecture
Highway Facade Wall Sign Facing Route I-80	4 signs located on rear store facade walls visible from Route I-80, one of which shall be limited to naming the center and the exit	2 square feet per linear foot of store facade visible, with width limited to 75% of facade width facing Route I-80	Limited to height of parapet	1-1 sign limited to naming center and exit 2-3 signs limited to logos for any 3 tenants	1-Internal 2-External, if shielded to prevent glare	None	None	1-Compliance with PennDOT regulations 2-Design compatible with architectural/site features 3-Copy limited to 48" in height 4-Type faces compatible with size and surrounding architecture
Blade Sign	1 hanging sign per storefront naming the tenant and mounted perpendicular to the storefront entrance	6 square feet per face, 2 faces maximum	8 feet, from the sidewalk to bottom of sign	1-Name of center 2-Center logo 3-Name of tenant 4-Brand names	1-Internal 2-External, if shielded to prevent glare	None	None	1-Design compatible with architectural/site features 2-Copy limited to 48" in height 3-Type faces compatible with size and surrounding architecture

§ 27-505 Planned Residential Development Regulations.

[Ord. 187, 4/18/2008; as amended by Ord. 188, 5/27/2008; and by Ord. 192, 11/20/2008]

1. The purposes of these regulations are:

A. To insure that the provisions of this Chapter which are concerned with the uniform treatment of dwelling type, bulk, density, and open space within each zoning district, shall not be applied to the improvement of land by other than lot by lot development in a manner which would distort the objectives of this Chapter.

B. To encourage innovations in residential development and renewal so that the growing demand for housing may be met by greater variety and maximum choice in the type, design, and layout of dwellings and by the conservation and more efficient use of open space ancillary to said dwellings.

(1) Waivers or modifications, see Chapter 22, Part 6, “Modifications.”

C. To provide, through the above innovations, greater opportunities for better housing and recreation for existing and potential residents of the Township.

D. To encourage a more efficient use of land and services and to reflect changes in the technology of land development so that the economies secured may inure to the benefit of those who need homes.

E. To encourage more flexible land development which will respect and conserve natural resources such as streams, lakes, floodplains, wetlands, wooded areas, steeply sloped areas, areas of unusual beauty, and significant natural habitats.

F. And, in aid of these purposes, to provide a procedure which can relate the type, design, and layout of residential development to the particular site and the particular demand for housing existing at the time of development, in a manner consistent with the preservation of the property values within existing residential areas; and to assure that the increased flexibility of regulations over land development established hereby is carried out pursuant to sound, expeditious, and fair administrative standards and procedures.

2. As used in this Section the following words and phrases shall have the meaning indicated below:

APPLICANT

A landowner or developer, as hereinafter defined, who has filed an application for development; including his heirs, successors and assigns.

APPLICATION FOR DEVELOPMENT

Every application, whether preliminary, tentative or final required to be filed and approved prior to start of construction or development including, but not limited to, an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan.

AVERAGE GROSS RESIDENTIAL DENSITY

The number of dwelling units per acre in a planned residential development, computed by dividing the number of dwelling units which the applicant proposes to construct by the number of acres in the development which are not planned to be devoted to nonresidential use.

COMMON OPEN SPACE

A parcel or parcels of land or an area of water or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development not including streets, off-street parking areas, and areas set aside for public facilities.

DEVELOPER

Any landowner, agent of such landowner or tenant with the permission of such landowner, who makes or causes to be made a subdivision of lands or land development.

DEVELOPMENT PLAN

The provisions for development of a planned residential development, including a plat of subdivision, all covenants relation to use location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase “provisions of the development plan” when used in this act shall mean the written and graphic materials referred to in this definition.

A. 

DWELLING UNIT TYPES

(1) 

ATTACHED

Both side walls of all except end structures are party walls.

(2) 

DETACHED

Each structure has open space on all four sides.

(3) 

GARDEN APARTMENTS

Structures between two and three stories of dwelling units.

(4) 

MULTI-FAMILY

Three or more units occur in one structure, usually with common access, services, and use of land.

(5) 

SEMI-DETACHED

One wall of each structure is a party wall in common with an adjoining structure.

(6) 

SINGLE FAMILY

A single-family dwelling unit occupies the structure from ground to roof usually with independent access, services, and use of land.

LANDOWNER

The legal or beneficial owner or owners of land, the holders of an option or contract to purchase (whether or not such option or contract is subject to any conditions), a lessee having a remaining term of not less than 40 years or any other person having proprietary interest in the land.

OFFICIAL REVIEW AGENCY

The Planning Agency of the Township of Smithfield.

ORGANIZATION

A corporation, association, trust, foundation, fund, or a group of persons, suitably organized or associated to insure the improvement, maintenance, and preservation of common open space.

PLANNED RESIDENTIAL DEVELOPMENT

An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of this Chapter.

PRD

An abbreviation for “planned residential development.”

PLANNING AGENCY

A Planning Commission, Planning Department, or a Planning Committee of the Board of Supervisors.

PUBLIC GROUNDS

Includes:

A. Parks, playgrounds, trails, paths, and other recreational areas and other public areas.

B. Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities.

C. Publicly owned or operated scenic and historic sites.

PUBLIC HEARING

A formal meeting held pursuant to public notice by the Board of Supervisors or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this Chapter.

PUBLIC MEETING

A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the “Sunshine Act,” 53 P.S. § 271 et seq.

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the Township, Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.

SANITARY SEWER SYSTEM, CENTRALIZED

A system designed and constructed to collect, centrally treat, and dispose of all sewage from all portions of the planned residential development.

SANITARY SEWER SYSTEM, PUBLIC

A sewer system serving a portion of a municipality or municipalities, developed and administered by a governmental agency or authority.

STAGE

A section or sections of the planned residential development in which a developer proposes to commence development at the same time, as indicated in the development plan for the PRD and as part of a timetable for development of a PRD over a period of years.

STREET CLASSIFICATION

ARTERIAL STREET

Major street for carrying large volumes of through traffic for the connection of residential areas and for circulation outside the residential area. Normally controlled by traffic signs and signals.

COLLECTOR STREET

Principle street for traffic circulation within residential developments which carries traffic between local residential streets and the arterial street system. Traffic normally controlled by signs.

MINOR STREET

Used primarily to provide access to abutting property.

WATER SUPPLY SYSTEM, CENTRALIZED

A system designed and constructed to transmit and distribute water from a common source to all residents in all portions of the planned residential development.

WATER SUPPLY SYSTEM, PUBLIC

A supply system serving a portion of a municipality or municipalities developed and administered by a governmental agency or authority.

WATER SURVEY

An inventory of the source, quantity, yield and use of groundwater and surface-water resources within the Township.

3. Eligibility Requirements. An application for tentative approval shall not be eligible for tentative approval unless the following initial requirements are met:

A. The proposed planned residential development shall consist of one or more contiguous parcels of land under single ownership and control.

B. The proposed planned residential development shall contain acreage sufficient to design a major subdivision.

C. The proposed planned residential development shall be connected to public water and sanitary sewer systems.

D. No planned residential development shall be less than 250 acres in size.

4. Land Use and Land Use Density.

A. Residential Uses. A mix of housing types appropriate to the PRD site and the surrounding area, determined according to the provisions set forth in Subsections 11 and 13, may include the following residential uses:

(1) Detached single family dwellings.

(2) Semi-detached two family dwellings.

(3) Attached single family dwellings (townhouses).

(4) Garden apartments.

B. Nonresidential Uses. The following nonresidential uses may be permitted in a planned residential development to the extent that they are compatible and harmoniously incorporated into the unitary design of the planned residential development. Nonresidential uses shall not precede residential development, except for golf courses and ski slopes. Nonresidential uses shall be designed to serve the residents of the planned residential development and may also be used by members of the general public on a commercial basis:

(1) Commercial uses such as retail shops or stores, service businesses, restaurants, golf courses containing at least 18 holes and ski slopes.

(2) Professional or business office uses, including branch banks.

(3) Institutional uses such as private schools, nursery schools and day care centers, places of worship, community activity centers, and nursing homes or skilled nursing facilities.

5. Land use density within planned residential developments shall be regulated by the following general standards:

A. The total number of dwelling units shall not exceed the permitted number allowable under Schedule I of this Chapter for districts in which the site is located. In computing the maximum number of dwelling units that may be created, any lands which are located within a floodplain area, which are located in a wetland area, which are occupied by public utility easements, or which have a slope in excess of 25% in such a manner as to limit their use or prevent their development shall not be considered part of the total gross area.

B. The percentage of the planned residential development site that is to be covered by buildings, roads, parking areas, and other impervious surface shall not exceed 35% of the total site area.

C. The percentage of the planned residential development site to be devoted to common open space shall be no less than 35% of the total site area, of which no less than 25% shall be usable for active recreation. This 25% shall not include slopes in excess of 25% or more, floodplains, water bodies and other undevelopable areas unless the same have been incorporated into the open space in such a manner as to make substantial practical use of these areas for trails, other active recreational uses (e.g., ballfields, ski slopes and golf courses) or similar development features, including use for stormwater detention and sewage treatment.

D. The percentage of the planned residential development site to be devoted to nonresidential uses shall not exceed 5% of the total site area; provided, however, a golf course containing at least 18 holes or ski slope included within the common open space of a planned residential development which is open for the use of the residents of the planned residential development and/or the general public on a commercial basis shall not be subject to this limitation. Nonresidential uses, with the exception of golf courses and ski slopes, shall not precede residential development.

6. The general standards set forth in Subsection 5 may be modified by the official review agency where it is the opinion of the review agency that the findings of the site analysis, set forth in Subsection 8, justify a modification. Permitted densities shall only be reduced by the official review agency below the maximum general standards set forth in Subsection 5 where it is the opinion of the review agency that the characteristics of the PRD site and the surrounding area demonstrate a need for lower density development.

7. Building Siting, Building Coverage and Net Residential Density. Within the general standards established in Subsection 5, the suitability of building siting, building coverage, and net residential density in specific sections of the planned residential development will be determined subject to the qualitative standards set forth for the site design of residential uses and common open space in Subsection 9A and C and the determinations of the site analysis as set forth in Subsection 8.

8. Site Analysis and Site Design Standards.

A. Natural Features Analysis. In order to determine which specific areas of the total PRD site are best suited for high density development, which areas are best suited for lower density development, and which areas should be preserved in their natural state as open space areas, a thorough analysis of the natural features of the site will be required, The following subject categories must be included in this analysis:

(1) Hydrology. Analysis of natural drainage patterns and water resources including an analysis of streams, natural drainage swales, ponds or lakes, wetlands, floodplain areas, permanent high water table areas, and seasonal high water table areas throughout this site.

(2) Geology. Analysis of characteristics of rock formations underlying the site including defining aquifers (particularly those locally subject to pollution), shallow bedrock areas, and areas in which rock formations are unstable.

(3) Soils. Analysis of types of soils present in the site area including delineation of prime agricultural soil areas, aquifer recharge soil areas, unstable soils, soils most susceptible to erosion, and soils suitable for urban development. The analysis of soils will be based on the County Soil Survey of the U.S. Soil Conservation Service.

(4) Topography. Analysis of terrain of site including mapping of elevation and delineation of slope areas over 20%, between 10% and 20% and under 10%.

(5) Vegetation. Analysis of tree and plant cover of the site, emphasizing the location of woodland and meadowland areas. Dominant tree and plant species should be identified and the characteristics of each understood.

B. Community Impact Analysis. In order to determine the impact of the planned residential development upon the Township, an analysis of the potential effects of the PRD upon public facilities, utilities, and roadway systems will be required. A comparison of the costs to the Township versus the revenues to the Township produced by the PRO will be included in the analysis. Market analysis data which estimates potential market demand for various types of housing in the area of the proposed PRD site will also be presented.

9. Site Design Requirements.

A. Residential Uses.

(1) The natural features of the PRD site shall be a major factor in determining the siting of dwelling unit structures. The results of the natural features analysis in Subsection 8A shall be considered in the siting of all dwelling unit structures.

(2) Conventional siting practices such as building setbacks from streets and minimum distances between buildings may be varied in order to produce attractive and interesting arrangement of buildings.

(3) Dwelling unit structures shall be located and sited so as to promote pedestrian and visual access to common open space wherever possible.

(4) Dwelling unit structures shall be located and arranged so as to promote privacy for residents within the PRD and maintain privacy for residents adjacent to the PRD. Structures shall be located within the development so that there will be no adverse impact such as excluding natural light or invading the privacy of adjacent structures.

(5) Dwelling unit and other structures located within 200 feet of the perimeter of a planned residential development must be set back by a distance sufficient to protect the privacy of adjacent existing uses. In no event shall a structure be located less than 50 feet from the property line.

(6) Dwelling unit and other structures located near the periphery of the planned residential development shall be designed so as to be harmonious with neighboring areas.

(7) No structure shall be located within 20 feet of the right-of-way of collector streets.

B. Commercial Uses.

(1) All commercial uses shall be located in a single area of the planned residential development which shall consist of at least two contiguous acres.

(2) All commercial uses shall be located with direct access to either a collector or arterial street. If the total parking requirements for such uses in 100 parking spaces or more, the uses must be located on a collector street.

(3) Signs for commercial uses are to be in accordance with § 27-504 of this Chapter.

C. Common Open Space.

(1) The location, shape, size, and character of the common open space shall be provided in a manner consistent with the objectives set forth in § 27-505, Subsection 1E, of this Chapter, concerning the conservation of natural resources and the creative use of land to obtain a living environment of stable character, with natural feature constraints determined through the natural features analysis as described in § 27-505, Subsection 8A.

(2) The uses authorized for the common open space must be appropriate to the scale and character of the planned development, considering its natural features, size, land use intensity, potential population, and the number and types of dwelling units to be developed.

(3) Whenever possible common open space shall be designed as a contiguous area interspersed with residential areas with pedestrian and visual access available to all residents of the PRD.

(4) Significant natural features such as woodland areas, large trees, natural watercourses and bodies of water, rock outcroppings, and scenic views shall be incorporated into common open space areas whenever possible. However, no less than 25% of the total common open space area shall be suitable for intensive use as an active recreation area.

D. The street system of the planned residential development shall be designed so as to:

(1) Relate harmoniously with land uses within and adjacent to the PRD through the establishment of a hierarchy of roadway functions which includes collector and local streets.

(2) Create a separation of automobile and pedestrian traffic through the coordinated design of streets, dwelling units, common open space areas, and pedestrian walkways.

(3) Create efficient and safe connections with the existing road system of the Township in order to insure proper ingress and egress to and from the PRD.

(4) Minimize through traffic in residential areas.

(5) Collector streets and local streets in the planned residential developments shall be designed in accordance with the provisions of the Subdivision Ordinance [Chapter 22], Where the results of the community impact analysis, described in § 27-505, Subsection 8B, indicate a need for greater or lesser right-of-way and cartway widths, the modifications may be authorized by the official review agency.

(6) Cul-de-sac streets shall not exceed 600 feet in length. Cul-de-sac streets shall have a turning circle with a minimum right-of-way of 50 feet and an outer paved width of 40 feet.

(7) In order to separate automobile and pedestrian circulation and to increase accessibility to common open space areas, pedestrian walkways will be provided wherever feasible. Sidewalks shall be required adjacent to streets in planned residential developments only as deemed necessary by the official review agency.

(8) The design and construction of streets must conform to the standards set forth in the Township Subdivision Ordinance [Chapter 22] relative to paving specifications, cartway design, horizontal and vertical alignment, and eight distances.

10. Parking.

A. Parking shall be provided in accord with the requirements of §§ 27-402 and 27-403 and Schedule II hereof.

B. Nonresidential off-street parking areas shall be screened from adjacent structures, access roads and traffic arteries, by hedges, dense planting, earth berms, or changes in grade or walls. All parking areas shall be a minimum of 20 feet from all structures, access roads and traffic arterials.

C. No more than 15 parking spaces shall be permitted in a continuous row without being interrupted by landscaping approved by the Board of Supervisors.

D. No more than 60 parking spaces shall be accommodated in any single parking area.

E. The construction of off-street parking areas must be in conformance with construction standards set forth in the Township Subdivision Ordinance [Chapter 22].

F. Boats and/or recreational travel trailer vehicles shall not be parked in any driveway or other parking space for more than 24 hours, except in an area which developer may specifically set aside for such purpose. Such special area shall be adequately screened from view of any adjacent residential area.

11. Lighting.

A. Off-street parking areas, and areas of intensive pedestrian use shall be adequately lighted. All such lighting shall be designed and located so as to direct light away from adjacent residences.

B. Adequate lighting shall be provided after dark. Appropriate lighting fixtures shall be provided for walkways and to identify steps, ramps, and signs. Such lighting shall be designed and located so as to direct light away from adjacent residences.

12. Sewer and Water Utilities.

A. Planned residential developments shall be provided with sanitary sewer systems through one of the following methods:

(1) Connection to public sewer system shall be required where a public sewer system can feasibly be provided to the PRD site and where such a system can adequately fulfill the sewage disposal needs of the PRD.

(2) Provision of a centralized sanitary sewer system by the developer which serves the entire PRD where a public sewer system cannot feasibly be provided to the PRD site, Centralized sanitary sewer systems shall be designed and constructed in a manner that would permit adequate connection to a public sanitary sewer system in the future. The design and construction of centralized sanitary sewer system shall conform to the current applicable standards of the State Department of Environmental Resources, and where applicable, the Pennsylvania Utilities Commission and the Delaware River Basin Commission.

B. Planned residential developments shall be provided with water supply systems through one of the following methods:

(1) Connection to a public water system shall be required where a public water system can feasibly be provided to the PRD site and where the capacity of the public system can adequately fulfill the water supply demands of the PRD.

(2) Provision of a centralized, water supply system by the developer, which serves the entire PRD. Centralized water supply systems shall be designed and constructed in a manner that would permit adequate connection to a public water supply system in the future. The design and construction of a centralized water supply system shall conform to the current applicable standards of the State Department of Environmental Resources and, where applicable, the Pennsylvania Utilities Commission and Delaware River Basin Commission.

13. Soil Erosion Control and Storm Drainage.

A. The PRD shall be designed and constructed so as to minimize site clearance and earthmoving. The results of the natural features analysis, § 27-505, Subsection 8A, shall be taken into account in determining areas suitable for site clearance and earthmoving.

B. Where site clearance and earthmoving are necessary, suitable erosion control measures shall be undertaken.

C. Storm Drainage. The storm drainage system for a planned residential development shall be designed and constructed so as to minimize erosion and flooding, using as necessary, drainage easements, swales, catchment basins, silt traps, and the design of cartways so as to minimize runoff, The determination of the site analysis of natural features shall be taken into account in designing and constructing the storm drainage system. The design and construction of the system shall be consistent with the design and improvement standards for storm drainage set forth in the Township Subdivision Ordinance [Chapter 22], and Township Stormwater Management Ordinance [Chapter 26, Part 2].

14. Tree Conservation and Landscaping.

A. Existing trees shall be preserved wherever possible, The protection of trees six inches or more in diameter (measured at a height 4 1/2 feet above the original grade) shall be a factor in determining the location of open space, structures, underground utilities, walks, and paved areas. Areas in which trees are preserved shall remain at original grade level and undisturbed wherever possible.

B. Where extensive natural tree cover and vegetation does not exist and cannot be preserved on the PRD site, landscaping shall be regarded as an essential feature of the PRD. In these cases extensive landscaping shall be undertaken in order to enhance the appearance of the PRD, aid in erosion control, provide protection from wind and sun, screen streets and parking areas, and enhance the privacy of dwelling units.

15. Utilities. Telephone, electric and cable TV utilities shall be installed underground.

16. Refuse Removal. Refuse stations to serve residential, recreational, and commercial areas shall be designed with suitable screening, and located so as to be convenient for trash removal and not offensive to nearby residential areas.

17. With the exception of standards explicitly set forth in § 27-505, Subsections 7 through 16, site design and site improvements shall conform to standards set forth in the Township Subdivision Ordinance [Chapter 22].

18. Ownership, Maintenance, and Preservation of Common Open Space.

A. The developer shall make provisions which insure that the common open space land shall continue as such and be properly maintained. The developer shall provide for and establish an organization for the ownership, maintenance, and preservation of open space which shall conform to the following standards and procedures:

(1) The organization shall be established by the developer before the sale or rental of dwelling units in the PRD.

(2) The form, financial capability, rules of membership, and methods of cost assessment of the organization shall be devised so as to insure the successful fulfillment of the maintenance, preservation, and improvement responsibilities of the organization.

(3) The organization responsible for maintenance, preservation, and improvement of common open space areas shall be the sole owner of the common open space lands.

(4) The organization shall have or hire adequate staff to administer common facilities and maintain the common open space.

(5) In the event that the organization established to own and maintain a common open space or any successor organization, shall at any time after establishment of the planned residential development fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Township may serve written notice upon such organization or upon the residents and owners of the planned residential development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be corrected within 30 days thereof, and shall state the date and place of hearing thereon which shall be held within 14 days of the notice, At such hearing, the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected, If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said 30 days or any extension thereof, the Township, in order to preserve the taxable values of the properties with the planned residential development and prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said entry and maintenance shall not constitute a taking of said common open space nor vest in the public any rights to use the same. Before the expiration of said year, the Township, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, shall call a public hearing upon notice to such organization or to the residents and owners of the planned residential development, to be held by the Township, at which hearing such organization or the residents and owners of the planned residential development shall show cause why such maintenance by the Township shall not, at the option of the Township, continue for a succeeding year. If the Township shall determine that such organization is ready and able to maintain said common open space in reasonable condition, the Township shall cease to maintain said common open space at the end of said year. It the Township shall determine such organization is not ready and able to maintain said common open space in a reasonable condition, the Township may, in its discretion, continue to maintain said common open space during the next succeeding year and subject to a similar hearing and determination in each year thereafter. The decision of the Township in any such case shall constitute a final administrative decision subject to judicial review.

(6) The cost of such maintenance by the Township shall be assessed ratably against all properties within the planned residential development that have a right of enjoyment of the common open space and shall become a lien on said properties. The Township, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of lien in the office of the Prothonotary of the County, upon the properties affected by the lien within the planned residential development. Notwithstanding any provision to the contrary, no lien shall be assessed against or upon any property owned by parties other than the organization formed to maintain common open space within the planned residential development. If such owner has paid all current assessments to the aforesaid organization, and further provided that the aggregate total of current assessments due the organization is not less than the Township’s maintenance cost to maintain the common open space in a reasonable condition.

B. Public Dedication of Common Open Space. An offer of dedication of common open space made by the developer in the development plan, before the establishment of any organization responsible for open space areas, and accepted by the Township shall constitute a fulfillment of responsibility for providing and maintaining common open space areas. Under any other circumstances, provision for dedication must be made subject to Part 9 of this Chapter.

19. Fire Protection. In addition to fire hydrants, the developer shall by deed protective covenant, as well as by adoption of internal building specifications, provide that every dwelling unit in a four story or higher building, as well as in common areas within such buildings, sprinklered in accordance with the NFPA Code.

20. Development in Stages. A planned residential development may be developed in stages if the following standards are met:

A. The location and approximate time of construction of each stage are clearly marked on the development plan.

B. At least 25% of the dwelling units in the development plan are included in the first stage.

C. At least 33% of the dwelling units in any stage are rented or sold before any commercial development shown in that stage shall be completed.

D. The second and subsequent stages are completed consistent with the development plan in no event shall such stages contain less than 25% of the dwelling units included in the development plan.

E. To encourage flexibility of housing density, design, and type in accord with the purposes of this Chapter, gross residential density maybe varied from stage to stage. A gross residential density in one stage which exceeds the permitted average gross residential density for the entire planned residential development must be offset by a gross residential density in a completed prior stage which is less than the permitted average gross residential density for the entire planned residential development.

21. Deposits Required with PRD Application. The application for tentative approval shall be executed by or on behalf of the landowner and filed with the Township Secretary. An initial deposit as set forth in the current fee schedule of the Township shall be paid upon filing of the application to be applied against such expenses, and additional deposits shall be made from time to time as required by the Township to be applied against the expenses of processing the application, not to exceed actual expenses incurred by the Township.

22. Documentation to Accompany Application.

A. The application for tentative approval shall include documentation illustrating compliance with all of the standards for planned residential development in this Section and, where necessary, the Township shall order such documentation to aid them in their review.

B. General Documentation. Required documentation shall include, but not be limited to, documents illustrating the following:

(1) The location and site of the area involved, and the nature of the landowner’s interest in the planned residential development.

(2) The proposed use areas, the average gross residential density and the density of each proposed type of residential use area.

(3) The location, function, size, ownership, and manner of maintenance and the common open space.

(4) The use and the approximate height, bulk and location of buildings and other structures.

(5) Information showing the feasibility of proposals for water, sanitary sewage and stormwater disposition.

(6) Utility systems.

(7) The substance of covenants, grant of easements, or other restrictions to be imposed upon the use of land, buildings and structures including proposed grants and/or easements for public utilities.

(8) The provisions for parking of vehicles and location, rights-of-way and cartway widths of proposed streets and public ways.

(9) In the case of plans which call for development in stages, a schedule showing the time within which the applications for final approval of all parts of the planned residential development are intended to be filed, and which shall be updated annually on the anniversary of submission for final approval.

(10) The application shall, insofar as possible, indicate compliance with the provisions set forth herein, governing the requirements for final approval.

(11) [Reserved]

C. Plans. Application for tentative approval shall include, but not be limited to, the following documents:

(1) Plans at a scale of one inch equals 200 feet of existing natural features of the land including topography, vegetation, drainage and soil.

(2) A site plan showing approximate locations of buildings, roads, parking areas at a scale of one inch equals 100 feet.

(3) A plan at a scale of one inch equals 100 feet delineating common open space indicating size, nature of facilities, structures, if any, and uses.

(4) A plan at scale of one inch equals 100 feet delineating approximate locations, street types, rights-of-way and cartway widths.

(5) Site plan illustrating phasing, including a time schedule for all on-site and off-site improvements to be dedicated for public use.

(6) A plan illustrating connection to existing public utilities, streets and rights-of-way accompanied by documentation as to the impact of the proposed development on said public utilities, streets and rights-of-way.

(7) A plan illustrating the relation of the proposed planned residential development to the Township’s Comprehensive Plan.

D. Said application shall also indicate a written statement by the land owner setting forth the reasons why, in his opinion, the planned residential development would be in the public interest and would be consistent with the Township’s Comprehensive Plan.

23. Review of Application by Other Agencies. One copy of every application for tentative approval received by the Township Secretary shall be promptly forwarded to the Planning Commission and to the County Planning Commission for study and recommendation as required by the Pennsylvania Municipalities Planning Code. The Township Planning Commission and the County Planning Commission shall review and report upon the application to the Township within 30 days of such referral. One copy of the reports of the respective planning commissions shall be furnished to the landowner not less than five days before the appointed time of the public hearing provided for in § 27-510. Additional copies may be required as deemed necessary by the Township Secretary.

24. Informal Consultation Prior to Application. The landowner, the Township, the Planning Commission and the County Planning Commission may consult informally concerning the proposed planned residential development prior to the filing of an application for tentative approval, provided that no statement or representation by an official of the Township or of the planning agencies shall be binding upon the Township.

25. Public Hearings.

A. Within 60 days after the filing of an application for tentative approval of a planned residential development pursuant to this Chapter, a public hearing pursuant to public notice on said application shall be held by the Board of Supervisors.

B. Public notice shall be given and written notices shall be given to the applicant, the Zoning Officer and to any person who has made timely request for the same. Written notices shall be given at such time and in such manner as shall be prescribed by rules of the Board of Supervisors. In addition to the written notice provided herein written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.

C. The parties to the hearing shall be the Township, any person affected by the application who has made timely appearance of record before the Board of Supervisors, and any other person including civic or community organizations permitted to appear by the Board of Supervisors. The Board of Supervisors shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board of Supervisors for that purpose.

D. The Chairman, or acting Chairman in the absence of the Chairman, of the Board of Supervisors shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.

E. The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.

F. Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.

G. The Board of Supervisors shall keep a stenographic record of the proceedings. The appearance fee for the stenographer shall be shared equally by the applicant and the Board of Supervisors, The cost of the original transcript shall be paid by the Board of Supervisors if the transcript is ordered by the Board of Supervisors or shall be paid by the person appealing from the decision of the Board of Supervisors if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases the party requesting the original transcript shall bear the cost thereof.

H. The Board of Supervisors shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice for all parties to participate, shall not take notice of any communication, reports, staff memoranda, or other materials, except advice from their solicitor, unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.

I. The Board of Supervisors may continue the hearing from time to time and may refer the matter back to the Planning Commission for a report; provided, however, that in any event the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing.

26. The Findings.

A. The Board of Supervisors within 60 days following the conclusion of the public hearing shall by official written communication to the landowner, either:

(1) Grant, tentative approval of the development plans submitted.

(2) Grant tentative approval subject to the specified conditions not included in the development plan as submitted.

(3) Deny tentative approval to the development plan.

B. Failure to so act within said sixty-day period shall be deemed to be a grant of tentative approval of the development plan as submitted. In the event, however, that tentative approval is granted subject to conditions, the landowner may, within 30 days after receiving a copy of the official written communication of the Board of Supervisors notify such Board of Supervisors of his refusal to accept all said conditions, in which case, the Board of Supervisors shall be deemed to have denied tentative approval of the development plan, In the event the landowner does not, within said period, notify the Board of Supervisors of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted.

C. The grant or denial of tentative approval by official written communication shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without conditions, or for the denial, and said communication shall set forth with particularity in what respects the development plan would or would not be in the public interest, including, but not limited to, findings of fact and conclusions on the following:

(1) In those respects in which the development plan is or is not consistent with the Comprehensive Plan for the development of the Township.

(2) The extent to which the development plan departs from zoning and subdivision regulations otherwise applicable to the subject property including, but not limited to, density, bulk and use, and the reasons why such departures are or are not deemed to be in the public interest.

(3) The purpose, location and amount of the common open space in the planned, residential development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space related to the proposed density and type of residential development.

(4) The physical design of the development plan and the manner in which said design does or does not make adequate provision for public services, provide adequate control over vehicular traffic and further the amenities of light and air, recreation and visual enjoyment.

(5) The relationship beneficial or adverse, of the proposed planned residential development to the neighborhood in which it is proposed to be established.

(6) In the case of a development plan with proposed development over a period of years, the sufficiency of the terns and conditions intended to protect the interests of the public and of the residents of the planned residential development in the integrity of the development plan.

D. In the event a development plan is granted tentative approval, with or without conditions, the Board of Supervisors may set forth in the official written communication the time within which an application for final approval of the development plan shall be filed or, in the case of a development plan which provides for development over a period of years, the periods of time within which applications for final approval of each part thereof shall be filed. Except upon consent of the landowner, the time so established between grant of tentative approval and an application for final approval shall not be less than three months and, in the case of development over a period of years, the time between applications for final approval of each part of a plan, shall be not less than 12 months.

27. Status of Plan After Tentative Approval.

A. Notification of Approval. The official written communication provided for in § 27-511 shall be certified by the Secretary of the Board of Supervisors and shall be filed in his office, and a certified copy shall be mailed to the landowner. Where tentative approval has been granted, the same shall be noted on the Zoning Map.

B. Actions Not Permitted by Tentative Approval. Tentative approval of a development plan shall not qualify a plat of the planned residential development for recording nor authorize development or the issuance of any building permits. A development plan which has been given tentative approval as submitted, or which has been given tentative approval with conditions which have been accepted by the landowner (and provided the landowner has not defaulted or violated any of the conditions of the tentative approval), shall not be modified or revoked nor otherwise impaired by action of the Township pending an application or applications for final approval, without the consent of the landowner, provided an application for final approval is filed, in the case of development over a period of years, provided applications are filed within the periods of time specified in the official written communication granting tentative approval.

C. Abandonment of Plan. In the event that a development plan is given tentative approval and thereafter, but prior to final approval, the landowner shall elect to abandon said development plan and shall so notify the Board of Supervisors in writing, or in the event the landowner shall not fail to file application or applications for final approval within the required period of time or times, as the case may be, the tentative approval shall be deemed to be revoked and all that portion of the area included in the development plan for which final approval has not been given shall be subject to those local ordinances otherwise applicable thereto as they may be amended from time to time, and the same shall be noted on the Zoning Map and in the records of the Township Secretary.

28. Application for Final Approval. An application for final approval may be for the entire land development plan, or to the extent set forth in the tentative approval, a section thereof. Said application shall be made to the Township and within the time or times specified by the official written communication granting tentative approval. If the application for final approval is in compliance with the tentatively approved development plan, a public hearing need not be held.

29. Required Documentation. The application for final approval shall contain:

A. Site Map. Six copies of the final plan:

(1) Drawn at a scale of one inch equals 100 feet as the tentative plan was drawn.

(2) The final plan site map shall be drawn on tracing cloth or be a transparent reproduction with black line on cloth or stable plastic base film. If the final plan site map is drawn in two or more sections, they must be numbered consecutively and accompanied by a key map showing the location of the several sections.

(3) For all street rights-of-way and property lines within the PRD the following must be shown: Accurate dimensions, bearings or deflection angles of all straight lines; error of closure may not exceed one foot in 10,000 for slopes of less than 10% or over two feet in 10,000 for slopes of 10% and over and radii, arcs and central angles of all curves.

(4) For other rights of ways and easements, the location, bearings and purpose.

(5) Survey data shall include: Primary control points or descriptions and ties to such control points to which all dimensions, angles, bearings and similar data on the map are referred.

(6) Number to identify each lot and/or site.

(7) Number of dwelling units and density type.

(8) Purpose for which sites other than residential lots are dedicated or reserved.

(9) Building locations and building setback lines on all lots and other sites.

(10) Names of record owners of adjoining unplatted land.

(11) Reference to recorded land development plans of adjoining developed land by record name, date and number.

(12) Notarized certification of title showing that the applicant is the owner of the land, that the land development shown is his act and deed, and that it will be recorded as shown.

(13) Certification by registered surveyor or registered professional engineer certifying to accuracy of survey and plan.

(14) The location of all proposed monuments and street signs and the location and methods of street lighting facilities.

(15) A location map corrected and updated from the tentative plan.

(16) Source of title.

(17) Provisions for approved signatures by Township officials.

(18) Provisions for review signatures by Township and County Planning Commissions.

B. Supporting Data.

(1) Detailed drawings and specifications for improvements shall be submitted.

(2) Two copies of center line profile and cross-section maps or diagrams of streets showing proposed grades, curbs, sanitary and stormwater sewers, water lines and any other underground utilities at minimum scale of 40 feet horizontal and 40 feet vertical.

(3) Two copies of deed restrictions and/or protective covenants for the development.

(4) [Reserved]

C. Certificates Required.

(1) From a registered professional engineer retained by the Township, certification that the developer has installed all improvements to the specifications of these requirements and has complied with any conditions attached to the approval of the tentative plan by the Township; or that the developer has posted a surety performance bond or other acceptable security in an amount sufficient to assure completion of all required improvements.

(2) From State agencies, certification that the method of sewage disposal and water supply have been approved by the Pennsylvania Department of Environmental Resources and certification of the sediment and erosion control plan bearing approval of the Pennsylvania Department of Environmental Resources.

(3) Other certificates as may be required such as from the Pennsylvania Public Utility Commission.

(4) An agreement that the developer will install underground utilities before paving streets and constructing sidewalks.

D. Fees. The final plan shall include thereon or be accompanied by filing fees and any other fee that may be required.

30. Refusal of Final Application. In the event the development plan as submitted contains variations from the development plan given tentative approval, the Board of Supervisors may refuse to grant final approval and shall, within 45 days from the filing of the application for final approval, so advise the landowner in writing of said refusal, setting forth in said notice the reasons why one or more of said variations are not in the public interest. In the event of such refusal, the landowner may either:

A. Refile his application for final approval without the variations objected.

B. File a written request with the Board of Supervisors that it hold a public hearing on his application for final approval. If the landowner wishes to take either such alternate action, he may do so at any time within which he shall be entitled to apply for final approval, or within 30 additional days if the time for applying for final approval shall already passed at the time when the landowner was advised that the development plan was not in substantial compliance. In the event the landowner shall fail to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan. Any such public hearing shall be held pursuant to public notice within 30 days after the conclusion of the hearing the Board of Supervisors shall by official written communication either grant final approval of the development plan or deny final approval. The grant or denial of final approval of the development plan shall, in cases arising under this Section, be in the form of and contain the findings required for an application for tentative approval set forth in this Chapter.

31. Approval of Final Application. In the event the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, and as required by this Chapter and the official written communication of tentative approval, the Township shall, within 45 days of such filing, grant such development plan final approval.

32. Certification and Recording of Final Approval. A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the Board of Supervisors and shall be filed of record forthwith in the Office of the Recorder of Deeds before any development shall take place in accordance therewith. Upon filing of record of the development plan the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto, Pending completion within a reasonable time of said planned residential development or of that part thereof, as the case may be, that has been finally approved, no modification of the provisions of said development plan, or part thereof, as finally approved, shall be made except with the consent of the landowner.

33. Failure to Act on Plan. In the event that a development plan, or a section thereof, is given final approval and thereafter the landowner shall abandon such plan or the section thereof that has been finally approved, and shall so notify the Board of Supervisors in writing; or, in the event the landowner shall fail to commence and carry out the planned residential development within such reasonable period of time as may be fixed by ordinance after final approval has been granted, no development or further development shall take place on the property included in the development plan until after said property is re-subdivided and is reclassified by enactment of an amendment to this Chapter.

§ 27-506 Multi-Family Dwellings (a/k/a Multiple Dwellings).

[Ord. 187, 4/18/2008]

1. Multi-family dwelling projects are permitted as conditional uses in certain districts to provide the opportunity for the development of a variety of housing types in the Township. In addition to the conditional use standards set forth in this Chapter and the Township Building Code [Chapter 5], the following standards shall apply to multi-family developments:

A. Procedure.

(1) Multi-family dwelling projects shall be considered major subdivisions and land developments subject to the Township Subdivision and Land Development Regulations [Chapter 22], This “major subdivision” classification shall apply to all subdivision of property in connection with the development, regardless of whether or not the same are connected with building development, and the approvals required shall be requested and acted upon concurrently as one subdivision. Application for preliminary approval of multi-family dwelling projects, accordingly, will be made to the Township Planning Commission in the manner provided in the subdivision regulations. The developer shall also submit all information required by said regulations in addition to the following additional information:

(a) An application for multi-family dwelling conditional use by a letter or brief from the developer indicating how the development will specifically meet the conditional use standards of this Chapter.

(b) A proposed plot plan showing all necessary information to include, at a minimum, location of all buildings and improvements including roads, parking areas, planting strips, signs, storm drainage facilities, water supply and distribution systems, sewage treatment and collection systems and the specific areas provided as open space pursuant to the requirements of this Chapter. Building layouts, floor plans and profiles shall also be provided indicating building dimensions, numbers, and sizes of units, common ownership or use areas, lighting and such other information as shall be required to determine compliance with the design standards contained herein and any other building standards which may be applicable in the Township. Setbacks from property lines, improvements, and other buildings shall also be specifically shown.

(c) A schedule or plan, and proposed agreement(s) either with the Township or a property owners association for the purpose of dedicating, in perpetuity, the exclusive use and/or ownership of the open space required by this Chapter to the prospective dwelling owners or occupants. Such agreement may be incorporated in the applicant’s proposed covenants and restrictions, but shall in any event, provide to the satisfaction of the Township that maintenance and use of the property, regardless of ownership, be restricted to either (1) activities intended for the sole benefit of the occupants of the particular project proposed or, (2) permanent open space as hereinafter provided.

(2) The application package shall be processed on a schedule concurrent with requirements for review and approval of other preliminary plans pursuant to the Township subdivision regulations [Chapter 22] including providing the County Planning Commission with a thirty-day opportunity to review copies of the entire package. The Township Planning Commission shall report its findings together with a recommendation indicating whether the conditional use criteria contained in § 27-508 will be satisfied.

(3) The Board of Supervisors shall act on the preliminary plan, conditional use, and planning module for land development concurrently, making the preliminary plan approval, if one shall be given, subject to approval of the planning module by the Pennsylvania Department of Environmental Protection (DEP).

(4) No building permit shall be issued to the applicant until all conditions attached to the approval of any preliminary plan, including DEP approval of the planning module, shall have been satisfied and nothing herein shall be construed as permitting the issuance of a building permit prior to preliminary plan approval. If the preliminary plan shall be rejected no conditional use, building or zoning permit shall be granted.

(5) Following preliminary plan approval, the developer shall provide for the installation of all required or proposed improvements including, but not limited to, streets, parking areas, storm drainage facilities, recreational facilities and lighting. Building improvements shall also be completed or guaranteed prior to the applicant’s request for final approval. No certificate of occupancy shall, however, be issued until such time as (a) final plan approval shall have been granted pursuant to the subdivision regulations [Chapter 22], and (b) buildings have been completed and inspected by the Zoning Officer and a valid certificate of approval from the Pennsylvania Department of Labor and Industry, where required, is provided by the applicant.

(6) Person shall sell, transfer, lease or agree or enter into an agreement to sell or lease any land and/or buildings or interests in the individual dwelling units to be created, or erect any building thereon except in accord with the provisions of this Chapter, and unless and until final plan approval and a certificate of occupancy shall have been granted and the plan has been recorded in the Office of the County Recorder of Deeds.

B. Parcel Size and Density. All land proposed for a multi-family dwelling project shall be contiguous. The total number of dwelling units permitted shall be calculated by taking the total acreage of the development (including all areas to be devoted to open space), deducting the following acreage:

(1) Land contained within public rights-of-way.

(2) Land contained within the rights-of-way of existing or proposed private streets. Where formal rights-of-way are not involved, the width of the street shall be assumed as 50 feet.

(3) Land contained within the boundaries of easements previously granted to public utility corporations providing electric or telephone service, and any petroleum products pipeline rights-of-way.

(4) The area of water bodies including lakes, ponds and streams (measured to the normal high water mark on each side); floodplains, wetlands; quarries; areas with slope in excess of 24% or greater, and areas used for improvements (e.g., roads, recreational facilities, stormwater facilities, etc.); and dividing the remainder by 6,700 square feet per dwelling unit.

C. Open Space. All areas of a development not conveyed to individual owners; and not occupied by buildings and required or proposed improvements shall remain as permanent open space or be dedicated to recreation area to be used for the sole benefit and enjoyment of the residents of the particular units being proposed. Such open space shall be part of the same parcel and contiguous and shall be subject to the following regulations:

(1) Recreation areas shall be immediately adjacent to the proposed units and freely and safely accessible to all residents of the development and shall not be used to fulfill open space requirements for residents of other future units or provide recreational areas for residents of other future units.

(2) Land designated as open space shall be maintained as open space and may not be separately sold, used to meet open space or recreation area requirements for other developments, subdivided or developed excepting that a holding zone may be reserved for future development pursuant to density and other zoning requirements as they presently exist, provided such lands are specifically defined and indicated as “reserved for future development” on all plats, Such lands shall not be included in calculating permitted density for the proposed development. These provisions, however, shall not be construed as granting or reserving to the developer any rights or privileges to develop on the basis of a “pre-approved plan” if density or other zoning requirements shall have been modified to prelude such development.

(3) Open space areas shall be maintained so that their use and enjoyment are not diminished or destroyed, Such areas may be owned, and maintained by either one or both of the following mechanisms:

(a) Dedication to a property owners association which assumes full responsibility for maintenance of the open space.

(b) Deed-restricted private ownership which shall prevent development of the open space, provide for its maintenance and protect the rights of owners or occupants of dwelling units to use and enjoy, in perpetuity, the open space as shall have been dedicated to recreation area for the project.

Whichever mechanism(s) may be used, the developer shall provide, to the satisfaction of the Township and prior to the granting of any final plan approval, for the perpetual maintenance of the open space and also the use and enjoyment of the recreation area by residents of the units being approved. No lots shall be sold nor shall any building be occupied until and unless such arrangements or agreements have been finalized and recorded.

(4) At least 50% of the designated recreation area shall be usable for active recreational activities and shall not include swamps, quarries, slopes over 25% in grade, or acreage used for improvements. Storm drainage facilities are considered improvements.

(5) Developments of 50 units or more shall also include parks and playgrounds according to the following formula: 1/2 acre per 50 units.

D. Design Criteria. The following design criteria shall apply to multi-family developments:

(1) There shall be no more than 10 dwelling units in each multi-family building, except that the Board of Supervisors may grant a conditional use for a greater number of units for purposes of accommodating the needs of the elderly or handicapped or to create more open space.

(2) No structure shall be constructed within 50 feet of any access road to or through the development or within 10 feet of the edge of any parking area.

(3) Access roads through the development shall comply with the street requirements of the Township subdivision regulations [Chapter 22] for minor roads.

(4) No multi-family development shall be served by more than one access from any public highway, unless topographic or other physical circumstances dictate the use of more than one access for safety reasons.

(5) Parking shall be provided in accord with the requirements of § 27-402 hereof. Industry studies may, in the discretion of the Board of Supervisors, be used to adjust the amount of parking required to fit the particular needs of a project. Multi-family units designed for time-shared use (where multiple occupancies of the same units are involved, including two key units) shall be considered single dwelling units for purposes of these regulations, provided that no such units shall be provided with less than 1 1/2 parking spaces.

(6) All multi-family structures shall be separated by a distance at least equal to the height of the highest adjoining structure; a minimum of 40 feet.

(7) All multi-family structures, improvements and any effluent disposal areas shall be a minimum of 50 feet from any exterior property lines and any public road right-of-way.

(8) Landscaping shall be provided in accord with the requirements hereof.

(9) Multi-family developments shall be subject to the stormwater management requirements of the Township subdivision regulations [Chapter 22].

(10) Sidewalks shall be provided from all buildings and/or units to their respective parking area and shall be of a design approved by the Township and shall be a minimum of three feet in width improved to a mud-free condition.

(11) Exterior storage areas for trash and rubbish shall be screened from public view on three sides and shall be contained in covered, vermin-proof containers. Interior storage areas for trash and rubbish shall at all times be kept in an orderly and sanitary fashion.

E. Water and Sewage. All multi-family developments shall be served with community or central sewage facilities and water supplies. Developers proposing the use of either community subsurface sewage disposal or treatment involving a stream discharge shall have first investigated and determined that land application of effluent is not feasible. Effluent disposal areas shall be subject to the setback requirements applicable to other multi-family buildings and structures. Developments using sub-surface or land application sewage disposal shall identify on the development plan reserve areas suitable for similar sewage disposal to be used in the case of the malfunction of the primary system.

F. Nonresidential Use. Nonresidential uses shall not be permitted in a multi-family development. Such ancillary facilities as laundry areas, service buildings recreational facilities and the like for the use of the residents of the project shall be permitted. Where a developer proposes to construct multi-family units on property on which there are existing nonresidential uses (other than ancillary facilities and open space uses) there shall be a minimum setback of the multi-family structures from such uses of 200 feet and the parcels shall be clearly segregated.

G. Conversions of Existing Structures. Conversions of existing structures for multi-family dwelling uses, regardless whether or not such conversions involve structural alterations, shall be subject to this Section with the following exceptions:

(1) The minimum lot area per dwelling unit shall be reduced to 10,000 square feet per bedroom or efficiency apartment, provided no more than four dwelling units are established per acre of land.

(2) The Township Planning Commission shall be authorized, with the subsequent approval of the Board of Supervisors, to waive any procedural standards contained in this Section insofar as their applicability to existing structures or the redevelopment of existing uses and shall instead rely upon the nonconforming use and conditional use standards contained herein.

(3) Nonresidential uses may be mixed with residential to the extent other provisions of this Chapter so permit. Minimum development standards applicable to such activities shall be based on Subsection 1G(1) above and equivalent dwelling units determined from anticipated sewage flows.

H. Common Property Ownership and Maintenance. In cases where the ownership of common property is involved, evidence of arrangements for the continuous ownership and maintenance of same shall be provided by the developer for approval by the Township. This shall specifically include, but not be limited to, provisions dealing with the ownership and maintenance of open space, improvements and utilities. Said arrangement shall indemnify the Township of any responsibility associated with same; and shall be prepared in accord with the Township Subdivision and Land Development Ordinance [Chapter 22]. The developer shall also submit evidence of compliance with the Pennsylvania Condominium Law or an attorney’s opinion that said law does not apply to the subject project.

§ 27-507 Stables and Kennels.

[Ord. 187, 4/18/2008; as amended by Ord. 228, 3/14/2018; and by Ord. 237, 7/28/2020]

1. Stables, Private. Private stables are permitted as an accessory use to a single-family residence in any district subject to the following conditions:

A. A minimum parcel of four acres shall be required for the residence and stable.

B. No more than two horses shall be kept except that one additional horse may be kept for each additional one acre of land.

C. One hundred square feet of stable building area shall be provided for each horse kept on the property.

D. No stable building or manure storage area shall be located within 100 feet of any adjoining property line.

E. All horses shall be restricted from grazing or intruding upon any adjoining property.

2. Stables, Commercial.

A. A minimum parcel of 30 acres shall be required for a stable operation.

B. No more than one horse shall be kept for each one acre of land.

C. One hundred square feet of stable building area shall be provided for each horse kept on the property.

D. No stable building or manure storage area shall be located within 200 feet of any adjoining property line.

E. All horses shall be restricted from grazing or intruding upon any adjoining property.

F. All streams and water bodies shall be fenced with a buffer of 75 feet on each side of the high water mark to prevent grazing in or near the water.

3. Kennels. Kennels (including animal day care centers where the animals are boarded for any length of time on a commercial basis) shall be subject to conditional use review criteria and the following standards:

A. A minimum parcel of three acres shall be required.

B. No structure used for the keeping of animals shall be located closer than 125 feet to any property line or 100 feet to any public or private road.

C. Parking shall be provided in accord with the requirements of this Chapter.

D. A noise barrier consisting of a solid fence not less than six feet in height or a dense vegetative planting of not less than six feet in height shall be provided at a distance not to exceed 15 feet and fully encircling all kennel areas not enclosed in a building.

E. All animals shall be restricted from using kennel areas not fully enclosed in a building from 8:00 p.m. to 8:00 a.m.

F. Kennels shall be supervised by an on-site contact person during the day.

4. Keeping of Other Animals. The keeping of other animals, defined as cows, steers, goats, sheep, swine, llamas and other similar domesticated animals, including exotic species such as emus and llamas, fowl and fur-bearing animals, shall be permitted as an accessory use to a single-family residence in any district in accord with the following criteria except that the regulations of this subsection shall not apply to the keeping of horses (see instead the above for applicable standards) or household pets such as dogs and cats:

A. Except as provided herein, a minimum parcel of five acres shall be required for the keeping of other animals.

B. The keeping of any such animal on a parcel of less than 10 acres shall be considered a conditional use and the Township may require additional setbacks and/or buffers in accord with the conditional use standards of this Chapter. Such activities shall only be permitted in R-1 and RC Districts.

C. The keeping of any such other animal on a parcel of less than five acres shall be considered a conditional use and the Township may require additional setbacks and/or buffers in accord with the conditional use standards of this Chapter. Such activities shall only be permitted in R-1, R-C and B-1 Districts.

D. The keeping of fowl and small fur-bearing animals (such as ferrets, skunks, minks and rabbits) and all referenced in this subsection as “small animals” is allowed under the following applicable standards and on lands less than the minimum five acres noted in Subsection 4A of this Section and without the need for a conditional use permit noted in Subsection 4C of this Section as follows:

(1) Fowls – a total of 12. No roosters, no guinea hens and no peacocks.

(2) Small fur-bearing animals – a total of four in any combination.

(3) Confinement Standards.

(a) All small animals shall be kept confined in quarters as described below and no part of which shall be closer than 25 feet from the exterior footprint of any dwelling or any property line or road or alley.

(b) The owner or the keeper (or both as the case may be) of small animals shall confine the animal in an enclosure that is safe and secure and sufficient to prevent such animal from running at large; and such enclosure shall be of a size conducive to good sanitation practices, allows the animal adequate exercise, prevents escape and where sanitary drainage facilities shall be provided.

(c) Every owner or keeper of a small animal shall cause the litter and droppings from such animal to be collected daily in a container or receptacle of such type that, when closed, shall be vector-proof (including, but not limited to, mosquitoes and rodents) and fly-proof; and every such container or receptacle shall be kept closed. At least twice a week every owner or keeper shall cause all litter and droppings so collected to be disposed of in a proper, sanitary and nonhazardous manner and as not to permit the presence of fly larvae.

(d) Every owner or keeper of small animals shall cause all animal feed to be stored and kept in a vector-proof and fly-proof building, box, container or receptacle that is closed at all times.

(e) Any small animal that is not being kept in a safe, secure, healthy, sanitary manner may be ordered to be removed from a property by the Township Zoning Officer and the full costs of such removal and relocation of said animal to be borne by owner or keeper of said animal(s).

(f) There will not be any animal husbandry or commercial sales of small animals, or animal by-products (except chicken eggs), whether wholesale, retail or otherwise.

(g) An outside run is permitted if connected to the enclosure described above and is escape-proof, safe, secure and sanitary.

(h) If an outside run is provided, it shall be no larger than 10 square feet.

E. The keeping of bees shall be limited to six hives if under one acre of land; otherwise, the limit is as follows:

(1) One to five acres – 20 hives.

(2) Greater than five acres – 40 hives.

(3) No animal husbandry or commercial sales of bees or bee by-products is allowed, whether wholesale, retail or otherwise.

F. The following number of animals may be kept on additional acreage:

(1) Cows or steers – one per each two additional acres.

(2) Swine – one per each two additional acres.

(3) Goats or sheep – two per each one additional acre.

(4) Fowl, rabbits, or other small fur-bearing animals – 25 per each one additional acre.

G. No stable building, pen, feed lot, corral, manure storage area or other area where animals are concentrated shall be located less than 200 feet from any adjoining property line and 150 feet from any public or private road.

H. All animals shall be restricted from grazing or intruding upon any adjoining property.

I. No swine shall, in any case or manner, be kept less than 200 feet from any adjoining property line and 150 feet from any public or private road.

J. Nothing herein shall apply to the keeping of household pets indoors or the keeping of animals for 4-H and similar youth projects on a temporary noncommercial basis.

§ 27-508 Professional and Home Occupations.

[Ord. 187, 4/18/2008]

1. Definition. Professional and home occupations include any occupation or business activity that occurs within structures or on property where the primary land use is residential, and where the occupation or business is clearly incidental to such residential use. Such uses may include professional offices, antique and craft shops, artisan activities, personal service shops and other non-automotive related businesses.

2. Permitted Districts. Professional and home occupations are permitted as conditional uses within all residential districts, provided they do not detract from the residential character, appearance, or make-up of the neighborhood in which the business is located. The following review criteria shall be used to determine if this standard will be met:

A. Extent of the Business. Whether or not the residential use will be the primary use of the property. Factors that shall be used to determine the primary use of the property shall include, but not be limited to, the area of the property used for the business (limited to a maximum of 30%), the number of nonresident employees (limited to two) and the amount of time the business will be open to the public on a daily basis (limited to 10 hours).

B. Appearance from an Adjacent Street. Whether or not the use of the property as a business is distinguishable from an adjacent street. Except for a non-illuminated, permanent identification sign no larger than two square feet in size attached to the principle structure, there shall be nothing that occurs on the property that can be observed from adjacent streets that make it readily apparent that a business is being operated on the premises. Factors for evaluating this standard shall be that the residential dwelling not be altered to change its residential appearance. No activity related to the conduct of the home occupation shall be permitted to occur in such a manner as to be obtrusive to the neighborhood, attract undue attention to the business or adversely impact the residential character of the neighborhood.

C. Impact on the Neighborhood. Whether or not the business activity will cause a nuisance to surrounding property owners; adversely impact the peace, health, or safety of neighborhood residents; and/or create a deviation from the residential character of the neighborhood. Factors for evaluating this standard shall be:

(1) Traffic. Whether or not the business will generate traffic that is excessive and/or detrimental to the neighborhood. A business will be allowed to generate a maximum of 24 vehicle trips per average weekday, Saturday and Sunday. However, based on the characteristics of a specific neighborhood, these amounts may be lowered or raised. The factors to be used for such a determination shall include, but are not limited to, pertinent characteristics of the neighborhood such as width of properties, width of the streets, hills, curves, the number of children present and existing traffic levels on the adjacent street.

(2) Parking. Whether or not parking problems could result from the business use. Factors which shall be used to evaluate this criteria include, but are not limited to, the following:

(a) Parking shall be provided on the property, or along the frontage of the property on the street.

(b) Parking on the property shall be on a gravel or other improved surface of adequate capacity to accommodate the total number of visitors expected at any one time.

(c) Parking on the street shall be limited to accommodation of special gatherings, or for the drop-off or pick-up of customers or products for periods not to exceed 15 minutes in duration.

(3) Nuisance. Whether or not the business activity would cause a nuisance to surrounding property owners. Existing property maintenance codes, fire codes, building codes, environmental and safety codes and other related local lawn shall be the primary basis for evaluating the potential for creating such a nuisance.

3. Minimal Impact Home Occupations. Minimal impact home occupations which are clearly secondary to use as a residential dwelling and which involve no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use shall be processed as accessory uses hereunder provided they meet the above standards. Minimal impact shall mean:

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

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

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

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

E. 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.

F. 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.

G. The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

H. The business may not involve any illegal activity.

4. Changes and Expansions. No home occupation, having once been permitted or established, shall be added to, expanded, enlarged or otherwise increased or changed substantially in character without complying with this law and such permission or establishment shall not be a basis for a later application to establish a principal commercial use. Moreover, the conversion of a residence with a home occupation to a commercial use by the abandonment of the residence or the sale, rent or transfer of the business to a party which who does not reside on-site is strictly prohibited unless the business is then moved off-site to a permitted location.

§ 27-509 Planned Unit Developments.

[Ord. 187, 4/18/2008; Ord. 237, 7/28/2020; Ord. No. 258, 9/23/2025]

1. Purpose.

A. These planned unit development (PUD) standards, are intended for commercial uses of limited scope that offer commercial and service opportunities for the local community. They are further intended to provide flexibility in the design of limited scale commercial developments, in accordance with standards herein.

B. These PUD standards shall not apply to regional, area-wide or large-scale commercial buildings or developments or permit large scale commercial centers that depend for their success upon patronage by a large shopping population drawn from a region or other area greater than the local community. Accordingly, PUD’s shall not include large department stores, warehouse clubs or warehouse stores; large discount stores, malls, strip malls, shopping centers; superstores or other similar large scale commercial buildings.

C. These PUD standards are intended to authorize commercial uses that serve primarily the Township and the nearby and surrounding areas. They are intended to apply to smaller scale stores and other smaller scale commercial buildings of limited scope and impact that do not depend for their success upon patronage by large shopping populations drawn from a region or other substantial areas beyond the local community.

D. The PUD standards permit a variety of commercial uses, in order to provide a reasonable variety of shopping and other commercial and service opportunities for nearby residents, workers and visitors, and to a lesser extent, passing traffic. PUD uses shall not include those uses that are intended to attract customers from a larger area who would not otherwise travel to the district. PUD districts are expected to be developed under a single unified site plan so as to insure that all permitted uses are compatible in both function and design and that safe and efficient traffic flow is achieved.

2. Permitted Districts. PUD developments are permitted as conditional uses within ED and R-2 Districts, provided they do not detract from the character, appearance, or make-up of the neighborhood in which the business is located. The following review criteria shall be used to determine if this standard will be met:

A. Whether or not the PUD landscaping is of a sufficient amount and quality to property buffer the commercial activities from adjacent residential areas and districts.

B. Whether or not the scale of the buildings and other improvements is consistent with other buildings and improvements in the area and preserves the essential rural character of the area as viewed from the highway.

C. Whether or not signage and other improvements provide essential information and services without unnecessarily disrupting the natural landscape.

D. Whether or not the design of the development will aid in reducing recurring entrances onto the highway by offering multiple services at one site using a single entrance.

3. Uses Permitted. Land in the PUD may be used for any principal permitted, conditional or accessory uses permitted in the ED Economic Development District meeting the standards contained herein but excluding the following uses:

A. Large department stores (exceeding 15,000 square feet of gross floor area).

B. Large discount stores (exceeding 15,000 square feet of gross floor area).

C. Open air businesses.

D. Movie theaters.

E. Retail building supply stores.

F. Warehouse type stores and buying dubs.

G. Automobile service and gas stations.

H. Restaurants with drive-in or drive-through facilities.

I. Vehicle wash establishments.

J. Motor vehicle sales.

K. Manufactured homes sales or service.

L. Recreational vehicle sales or service.

4. Site Development Standards and Conditions. Development plans for a PUD shall at a minimum comply with the standards and conditions provided in this Section as well as the review criteria and standards applicable to all conditional uses under this Chapter. Other lot development standards within a given zoning district, excepting as to building height, shall not apply.

A. Building Size, Placement and Appearance. Individual commercial buildings and attached commercial buildings shall be of a size and scale reflective of neighborhood commercial developments.

(1) A free-standing building containing no more than one commercial establishment shall not exceed 15,000 square feet of gross floor area.

(2) A building that contains two or more commercial establishments shall not exceed 25,000 square feet of gross floor area. Such building shall have a roof line common to the commercial establishments.

(3) The maximum amount of gross floor area for all buildings approved for a PUD shall not exceed 100,000 square feet.

(4) The building coverage ratio shall not exceed 40%. The Planning Commission, however, may recommend and the Township Board of Supervisors may approve a building coverage ratio of up to 50% in the case of lots of less than 200,000 square feet in area. In determining whether or not to allow this increase the Planning Commission and Township Board of Supervisors shall each find, based upon the facts presented by the applicant, that the following criteria have been met:

(a) The increased size of the project will not create traffic hazards on site or on adjacent publicly used roadways.

(b) The additional building area allowed will not result in buildings that are out of scale with the size of the parcel.

(c) The additional building area allowed will not result in building size or design that is incompatible with the character of nearby land uses.

(d) The additional building area is necessary to achieve a development size and mix of land uses for long-term viability of the PUD.

(e) The increase in building area allowed will still achieve the intended purpose of these provisions.

(5) A proposed commercial use shall not be of a size that would attract substantial numbers of users who would otherwise not utilize adjacent streets to reach the development. So as to determine compliance with this standard, the Planning Commission, in reviewing the size of a proposed commercial use, may require a market study to demonstrate the area which a proposed commercial use is designed to serve.

(6) Buildings and structures shall have a unified, attractive, architectural theme reflective of the character of nearby buildings in the Township. Buildings shall be designed to avoid massive walls or facades, flat roofs and box like building appearance which would be out of character and scale with existing nearby buildings which are located within the Township. Buildings with residential or varied roof lines shall be encouraged.

(7) Buildings shall be located so they do not detract from or predominate the existing view along Township roadways. When a PUD area abuts land zoned for residential use, building setbacks should be such that the privacy and quiet of nearby residents is not adversely affected.

B. Area and Yard Requirements. Lots developed as PUD’s shall be at least five acres in size. This requirement may be reduced by the Board of Supervisors if, in its discretion, it is determined that the PUD can be developed on a smaller parcel in accordance with the intent and standards of these provisions.

C. Building Setbacks. Setbacks from lot lines, including the fight of way lines for public and private roads abutting the site or serving the interior of the site, shall be determined for the PUD by the Planning Commission and Township Board of Supervisors, based on the application of site planning criteria to achieve integration of the development with the characteristics of the site area. In making these determinations, the criteria considered shall include the following:

(1) Number, type and size of buildings in relation to the lot size.

(2) Proximity to adjacent existing and future land uses.

(3) Preservation of existing vegetation or other natural features on site.

(4) Topography of the site.

(5) Ability to provide electricity, water, sanitary sewer, storm sewer and other utilities.

(6) Overall design of the development relatives to its capability with nearby existing or proposed land uses.

(7) Ability to provide for drainage and utility easements as well as access for emergency purposes.

The front yard, side yards, and rear yard shall be kept clear and unobstructed and shall not be used for the storage or disposal of any materials, except in approved locations within the PUD, but shall be screened or landscaped or used for off-street parking and for loading and unloading in accordance with the purposes of the PUD.

D. Landscaping.

(1) A landscaping plan shall be submitted along with the PUD site plan as required herein for other conditional uses. The landscape plan shall illustrate the type, size, location and number of plantings proposed along with any existing on-site vegetation that is to be retained. Existing mature trees shall not be removed except as may be necessary to accommodate those improvements that are of the Township approved site plan. Significant existing vegetation that is proposed to be removed shall be illustrated on the site plan and no removal shall take place in advance of such approval.

(2) A minimum twenty-five-foot wide landscaped strip shall be provided along that portion of the property that abuts a public street or parcel zoned for residential use and at the discretion of the Planing Commission and Board of Supervisors, this buffer may be required to be increased to achieve the intended purposes. Earthen berms may also be required to improve the screening capabilities of the landscaped area.

(3) Landscaping shall be provided adjacent to all buildings in order to reduce the visual impact of larger buildings, provide shade, and improve building appearances.

E. Parking and Circulation. The control of traffic is an important consideration in the development of a PUD and a traffic impact study may be required to be submitted with the preliminary site plan. The study if required shall provide data and findings for on-site and off site traffic control measures, information on the amount of traffic generated by proposed uses, the impact of traffic on adjacent and nearby street, and other traffic information as required by the Planning Commission. Other parking and traffic standards contained herein shall also be met.

F. Please see Ch. 32, Outdoor Lighting Standards, for regulations on lighting.

5. Signs. PUD signs shall be in accordance with a master signage plan to be submitted with the preliminary site plan. Drawings illustrating sign design, size, location and lighting shall be submitted and processed as part of the conditional use application.

§ 27-511 Supplementary Regulations Applicable to Other Uses.

[Ord. 187, 4/18/2008; Ord. 188, 5/27/2008; Ord. 192, 11/20/2008; Ord. 206, 4/10/2012; Ord. 221, 7/14/2015; Ord. 226, 7/12/2016; Ord. 237, 7/28/2020; Ord. 238, 9/9/2020; Ord. 243, 5/11/2022; Ord. No. 249, 3/27/2023; Ord. No. 257, 8/26/2025; Ord. No. 258, 9/23/2025; Ord. No. 260, 10/22/2025]

1. Resorts. Resorts, where permitted, shall be subject to the following standards:

A. The minimum lot area for a resort shall be 10 acres. The resort lot shall not be subdivided. Any subdivision of a resort lot that would create a lot less than 10 acres shall cause that lot to lose its resort status.

B. No building, activity area or recreation facility shall be erected within 50 feet of a road line or within 100 feet of a lot line.

C. No “campground” or “trailer camp” shall be permitted in a resort.

D. Points of vehicular ingress and egress shall be designed to minimize congestion and hazards at entrance or exit points and allow free movement of traffic on adjacent roads. Adequate off-street parking shall be provided and parking areas shall be at least 100 feet from all lot lines.

E. There shall be no more than one guest room for every 10,000 square feet of lot area in a resort.

F. All principal and accessory buildings and structures shall cover a total of not more than 25% of the lot.

G. Outdoor lighting shall conform to the regulations of Chapter 32, and the use of outdoor public address systems shall be subject to approval by the Township Supervisors.

2. Schools, Colleges and Other Educational Institutions. Schools, colleges and other educational institutions, where permitted, shall be subject to the following standards:

A. No building or part thereof shall be erected nearer than 50 feet to any road or lot line.

B. The sum of all areas covered by all principal and accessory buildings shall not exceed 20% of the area of the lot.

C. Any such school shall occupy a lot with an area of not less than five acres plus one acre for each 100 pupils for which the building is designed.

3. Assisted Living Facilities, Medical Residential Campuses, Continuing Care Facilities, Nursing Home Facilities, and Senior Housing. Assisted living facilities, medical residential campuses, continuing care facilities, nursing home facilities and senior housing, where permitted shall be subject to the following standards:

A. The minimum lot area shall be 10 acres, unless located within the ED Economic Development District in which case the minimum lot area shall be five acres.

B. The facility shall be connected to a central sewer collection system.

C. Residences shall be functionally, physically and architecturally integrated with residential and recreational activity centers.

D. The site shall front on and have access to a collector or arterial road.

E. No building, activity or recreation facility shall be erected within 50 feet of a road line or within 100 feet of a lot line.

F. No more than 60% of the subject property shall be covered with buildings, parking and loading areas and/or other impervious surfaces.

G. The entire lot, except for areas covered by buildings, parking or loading area, shall be suitably landscaped and properly maintained.

H. A buffer area, planted and maintained in accordance with the provisions of the parking area buffer requirements outlined in § 27-502, Subsection 7C, shall be provided. The buffer area shall be located along all lot lines and shall be a width of 25 feet except where the lot line is a front lot line, where the buffer shall have a minimum width of 15 feet.

I. Sufficient exterior illumination of the site shall be required for convenience and safety. Refer to Part 5, § 27-502, Subsection 6.

J. Facilities shall be of fire resistant construction.

K. The building shall conform to the Township or UCC Fire Code requirements, whichever are more restrictive.

L. Points of vehicular ingress and egress shall be designed to minimize congestion and hazards at entrance or exit points and allow free movement of traffic on adjacent roads.

M. Adequate off-street parking shall be provided for residents, employees and visitors as provided on the parking schedule found in Part 4.

N. A method of providing security for the well being of the residents and surrounding neighborhood shall be addressed.

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

P. No commercial activity shall be permitted within any facility or on the premises except for personal services and miscellaneous retail sales of products (e.g., soda, candy, newspapers, health products) intended only for the use of residents, family visitors and employees. Where facilities are offered in a continuing care facility setting, uses may include medical facilities and commercial uses that are strictly related and subordinate to the residential/medical character of the campus and that directly serve the residents and employees of or visitors to the center. The uses should be chosen to reflect their local orientation to the immediate campus vicinity and should be of a size and scope so as to not to interfere with existing or proposed retail uses located in the off-campus area. Recreational and social uses, such as athletic facilities, community centers and assembly halls limited to use only by campus residents, employees or their guests may also be permitted.

3.1. Senior Housing. Senior housing is limited to residential developments designed and operated for adults age 55 and over. Where permitted, senior housing shall be subject to the following standards:

A. Applications for senior housing development shall be accompanied by a proposed set of regulations including definitions of age and income limitations and admissions procedures.

B. Senior housing shall be designed to serve persons aged 55 and over and persons with disabilities as defined by the Social Security Act.

C. The maximum permitted overall density of residents (persons residing on the premises) shall not exceed 10 persons per acre.

D. Senior housing within the ED Economic Development District shall be permitted only as a part of the development of a continuing care facility or a retirement housing community.

3.2. Nursing Home or Skilled Nursing Facility. A nursing facility licensed by the Pennsylvania Department of Health which is set up to provide long-term health care primarily to senior residents with chronic diseases or disabilities. This use does not include assisted living facilities, but may be part of a continuing care facility. Nursing homes shall meet the following requirements:

A. The maximum density shall be 20 beds per acre of net buildable site area. For the purposes of this use, a bed shall be used as the indicator of the capacity of the facilities, so that the maximum capacity of the facility shall not exceed 20 beds per acre of the adjusted tract acreage.

B. A buffer area, planted and maintained in accordance with the provisions of the parking area buffer requirements outlined in § 27-502, Subsection 7C, shall be provided. The buffer area shall be located along all lot lines and shall be a width of 25 feet except where the lot line is a front lot line, where the buffer shall have a minimum width of 15 feet.

C. A minimum of 40% of the tract shall be devoted to open space, which shall be area which is not used for building, parking, paving, loading areas, detention basins, accessory buildings, rights-of-way, etc., but the open space may include minimum yard requirements. All open space shall be landscaped, or, if wooded, may be left in its natural state.

D. For the purposes of this use, the open space must be contained within the lot which will ultimately include the nursing home. The use of required open space area for recreation facilities for nursing home residents is encouraged.

3.3. Assisted Living Facility or Medical Residential Campus. A facility in which food, shelter, personal assistance, health care and supervision are provided for a period exceeding 24 consecutive hours for more than three adults who are not relatives of the operator and who require assistance or supervision in matters such as dressing, bathing, diet or medication prescribed for self-administration, but do not require hospitalization or care in a nursing home or skilled nursing facility. An assisted living facility or medical residential campus shall comply with the following requirements:

A. The facility shall meet the standards and requirements for licensing of personal care boarding homes as established by the Pennsylvania Department of Public Welfare and shall be licensed by the Commonwealth of Pennsylvania. Residents of assisted living facilities shall be 55 years of age or older, but in the case of married couples wishing to be admitted together, at least one of the individuals must be 55 years of age or older.

B. The maximum density shall be 20 beds per acre of net buildable site area. For the purposes of this use, a bed shall be used as the indicator of the capacity of the facilities, so that the maximum capacity of the facility shall not exceed 20 beds per acre of net buildable site area.

C. A buffer area, planted and maintained in accordance with the provisions of the parking area buffer requirements outlined in § 27-502, Subsection 7C, shall be provided. The buffer area shall be located along all lot lines and shall be a width of 25 feet except where the lot line is a front lot line, where the buffer shall have a minimum width of 15 feet.

D. A minimum of 40% of the tract shall be devoted to open space, which shall be area which is not used for building, parking, paving, loading areas, detention basins, accessory buildings, rights-of-way, etc., but the open space may include minimum yard requirements. All open space shall be landscaped, or, if wooded, may be left in its natural state.

E. For the purposes of this use, the open space must be contained within the lot which will ultimately include the facility. The use of required open space area for recreation facilities for facility residents is encouraged.

3.4. Alzheimer’s Residential Care Facility. Alzheimer’s Residential Care Facility where permitted shall meet the following requirements:

A. The minimum lot area shall be four acres.

B. The facility shall be connected to a central water system and central sewer collection system.

C. Residential facilities shall be functional to meet the needs of Alzheimer’s patients and shall be physically and architecturally integrated with common space and recreational facilities designed to meet the requirements of Alzheimer’s patients.

D. The site shall front on or have access to a collector or arterial road.

E. The maximum density shall be 15 beds per acre of lot area. For the purposes of this use, a bed shall be used as the indicator of the capacity of overnight residents for the facilities, so that the maximum capacity of overnight residents for the facilities shall not exceed 15 beds per acre of lot area.

F. A buffer area, planted and maintained in accordance with the provisions of the parking area buffer requirements outlined in § 27-502, Subsection 7C, shall be provided as follows: a fifteen-foot buffer along the front lot line; a twenty-five-foot buffer along any side lot line or rear lot line abutting a property devoted to residential use; and no buffer area where the side lot line or rear lot line abuts a property zoned for commercial use.

G. Sufficient exterior illumination of the site shall be required for convenience and safety. Refer to Part 5, § 27-502, Subsection 6.

H. The building shall conform to the Township or UCC Fire Code requirements, whichever are more restrictive.

I. Points of vehicular ingress and egress shall be designed to minimize congestion and hazards at entrance or exit points and allow free movement of traffic on adjacent roads.

J. Adequate off-street parking shall be provided for residents, employees and visitors as provided on the parking schedule found in Part 4, applying the parking requirements set forth at Schedule II, Subsection 8, Medical and Related Facilities - Nursing Homes and Group Homes; provided a lesser number of parking spaces may be required if demonstrated appropriate.

K. A method of providing security for the well being of the residents and surrounding neighborhood shall be addressed so as to prevent injury to the residents or to others, and to prevent the residents from leaving the premises without supervision.

L. The applicant shall furnish confirmation in writing that the agencies responsible for providing ambulance service to the facility are able and willing to provide such service.

M. No commercial activity shall be permitted within any facility or on the premises except for personal services and miscellaneous retail sales of products (e.g., soda, candy, newspapers, health products) intended only for the use of residents, family visitors and employees.

N. Comply with all State licensing requirements and Federal and State regulations pertaining to this use.

3.5. Retirement Housing Community. A retirement housing community, where permitted, shall meet the following requirements:

A. A retirement housing community shall be designed to serve persons aged 55 and over. In the case where a unit is shared at least one person residing in the unit must be 55 years of age or older.

B. A retirement housing community shall consist of at least two of the following uses: senior housing, nursing home or skilled nursing facility, assisted living facility, and/or customary accessory uses.

C. The minimum lot area for such use shall be five acres.

D. All permitted uses as part of the retirement housing community shall be connected to a central water system and central sewer collection system.

E. The site shall front on or have access to a collector or arterial road.

F. In addition to the requirements stipulated in this § 27-511, Subsection 3.5, the requirements for each specific permitted use proposed as part of the retirement housing community shall apply.

3.6. Residential drug, alcohol and/or substance abuse treatment facility where permitted shall be subject to the following standards:

A. The minimum lot area for the facility shall be 25 acres; and

B. All drug, alcohol and/or substance abuse treatment and related activities shall be rendered on site and not off site; and

C. The overall maximum number of persons in treatment at any one time shall be no more than 60 persons.

4. Day Care Facilities. The provisions of this Section shall apply to child or adult day care facilities providing service for all or part of a twenty-four-hour day for children under 16 years of age, or for persons who are otherwise disabled. Day care facilities shall include both homes and commercial facilities as defined by this Chapter, many of which are subject to portions of the Pennsylvania Department of Public Welfare (DPW) Social Services Manual regulations, as may be amended from time to time. If the day care facility will be subject to DPW requirements, evidence of the ability to comply with said requirements must be presented as a part of the conditional use application. This Section does not apply to babysitting (as defined by this Chapter) or child day care service furnished in places of worship during religious services. Day care facilities, where permitted, shall be subject to the following standards:

A. General Provisions. The following general provisions apply to all child or adult day care facilities:

(1) Applications for day care facilities, where permitted, shall include copies of any required Federal and/or State licenses or permits or certificates indicating such licenses or permits have been granted.

(2) Failure to maintain such licenses and permits shall render Township authorization to use the property for these purposes null and void.

(3) All child day care facilities shall present to the Township a copy of their required State license upon request of the Zoning officer as well as demonstrate compliance with any other applicable State or local building and fire safety codes.

(4) The owner of a day care facility will allow appropriate representatives of the municipality to enter the property to inspect such use for compliance with the requirements of this Chapter.

(5) No portion of a day care facility shall be located within a 300-foot distance from any potentially hazardous land use or activity which could pose a threat to the safety of the children or adults, staff, or other occupants of the facility.

(6) Hours of outside play shall be limited to the hours of 8:00 a.m. until sunset, as defined by the National Weather Service.

(7) An outdoor play area, as required by DPW regulations, shall be provided for child day care facilities and shall not be located in the front yard.

(8) Adequate off-street parking and drop-off areas shall be provided.

(9) Fencing shall be provided to restrict children and adults from hazardous areas, such as open drainage ditches, well, holes, and arterial and major collector roads. Natural or physical barriers may be used in place of fencing so long as such barriers functionally restrict children and adults from these areas.

(10) The expansion of a home day care facility within a residential district to a commercial facility on that same property shall not be permitted.

(11) Child and adult day care facilities shall not provide medical or personal care services which extend beyond assistance with dressing, bathing, diet, and medication prescribed for self administration unless licensed to provide such services.

(12) When applying for a conditional use, the applicant shall submit a plan showing any existing or proposed outdoor play areas, outdoor play equipment, fencing, access drives, adjacent streets, adjacent hazardous land uses, on-site hazardous areas (as previously defined), merchandise delivery areas, parking spaces, and the child or adult drop-off circulation pattern.

(13) Day care facilities shall give written notice to local police and fire departments as to the scope of their operation, including number of customers, location of sleeping areas and hours of operation.

B. Day Care (Home Care) Facilities. In addition to the provisions of § 27-511, Subsection 4A, home care day care facilities shall comply with the following:

(1) If care is provided to more than three children at any one time, the facility must have an approved and currently valid DPW registration certificate. Proof of DPW registration renewal must be supplied to the Township every year.

(2) Any external evidence of such use shall be limited to one non-illuminated sign subject to § 27-504 (sign regulations).

(3) Day care homes shall only be permitted in single-family detached dwellings and shall not be permitted in accessory buildings.

(4) The person primarily responsible for the day care home shall be a full-time resident of that dwelling.

(5) No more than one person not in residence in the dwelling shall be employed in a day care home.

(6) A fence with a minimum height of four feet shall physically contain the children or adults within the outdoor play area. Natural or physical barriers may be used in place of fencing so long as such barriers functionally contain the children or adults.

(7) Day care (home care) facilities operated within a residence are not subject to the requirements for professional and home occupations (§ 27-508) of this Chapter.

C. Day Care (Commercial) Facilities. In addition to the provisions of § 27-511, Subsection 4A, commercial day care centers shall comply with the following:

(1) The facility must have an approved and currently valid DPW license. Proof of DPW annual license renewal must be supplied to the Township every year.

(2) A fence with a minimum height of four feet shall physically contain the children or adults within the outdoor play area. Natural or physical barriers may be used in place of fencing so long as such barriers functionally contain the children or adults.

(3) If the facility has access to streets of different classifications, access shall be provided using the street of lesser functional classification.

(4) Play equipment shall be located at least 10 feet from an abutting property line.

(5) The facility shall be served by public water and sewer.

(6) All pedestrian pathway lighting shall conform to the regulations in Chapter 32, Outdoor Lighting Standards.

(7) Day care centers may be permitted as an accessory use to places of worship, schools, recreation centers, work places, and similar uses by conditional use. Accessory day care centers must comply with all other requirements for day care centers. In addition, evidence must be submitted to document that adequate indoor space, outdoor play space, and safe vehicular access are provided.

5. Bed and Breakfast Facilities. Bed and breakfast facilities, where permitted, shall be subject to the following standards:

A. All principal and accessory buildings and structures shall be in accordance with the yard setback, building height and lot coverage requirements of the Schedule of District Regulations with the exception of existing nonconforming structures.

B. Bed and breakfast facilities shall be limited to six guest rooms or bedrooms per structure.

C. Off-street parking shall be provided in accordance with § 27-401 with a base of six-inch crushed stone or shale and a hard homogeneous all weather surface.

D. All exterior lighting shall conform to the regulations in Chapter 32, Outdoor Lighting Standards.

E. Potable water supplies and adequate sanitary facilities shall be provided in accordance with any regulations and requirements of the Township and/or State agencies.

F. Drainage facilities shall be provided in accordance with the Smithfield Township stormwater management and earth disturbance requirements as set forth in Chapter 26, § 26-201.

6. Residential Conversions. Conversion of an existing residential dwelling from a one family dwelling to a dwelling that will accommodate not more than two dwelling units, where permitted, shall be subject to the following standards:

A. Such building shall provide at least 1,000 square feet of floor area for the first dwelling unit, plus at least 600 square feet of floor area for the additional dwelling unit created.

B. The lot on which such building is located shall be at least 75% greater than the required minimum lot area for a one family dwelling.

C. Two off-street parking spaces shall be provided per dwelling unit on said lot.

7. Hotels, Motels and Inns. Hotels, motels and inns, where permitted, shall be subject to the following standards:

A. There shall be no more than one guest room for every 10,000 square feet of lot area. However, in the ED District, one guest room shall be allowed for every 1,000 square feet of lot area.

B. All principal and accessory buildings and structures shall cover a total of not more than 25% of the lot.

C. The use of essential exterior light facilities and/or outdoor public address systems shall be subject to approval by the Township Supervisors.

D. The minimum lot area shall be five acres (10 acres in the case of inns), and the lot shall be not less than 300 feet deep with at least 300 feet fronting on a road right-of-way.

E. No building, activity area or recreation facility shall be erected within 50 feet of a road or lot line.

F. Points of vehicular ingress and egress should be designed to minimize congestion and hazards at entrance or exit points and allow free movement of traffic on adjacent roads. Adequate off-street parking shall be at least 25 feet from all lot lines.

8. Automotive Services. Automotive services such as service stations, repair garages, and automotive supplies, excluding automotive and other vehicular sales, where permitted, shall be subject to the following standards:

A. The minimum lot size for such service stations shall be 40,000 square feet, and the minimum road frontage shall be 150 feet.

B. Entrance and exit driveways shall have an unrestricted width of not less than 12 feet nor more than 30 feet, shall be located not nearer than 30 feet from any property line and shall be so laid out as to avoid the necessity of any vehicle leaving the property to back out across any road right-of-way or portion thereof.

C. Vehicle lifts or pits and all automotive parts or supplies shall be located within completely enclosed buildings.

D. All service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in complete enclosed buildings.

E. The storage of gasoline or flammable oils in bulk shall be located fully underground and not nearer than 50 feet from any lot line other than the road line.

F. No gasoline pumps shall be located nearer than 25 feet to any road line.

G. No zoning permit shall be issued for a motor vehicle service station within a distance of 200 feet of any school, church, hospital or place of public assembly designed for the simultaneous use and occupancy by more than 100 persons; the said distance to be measured in a straight line between the nearest points of each of the lots or buildings regardless of the district where either lot is located.

9. Assembling and Finishing Operations with Retail. Assembling, converting, altering, finishing, cleaning or any other processing of products that is clearly incidental to a retail or service business, where permitted, shall be subject to the following standards:

A. The bulk of the goods so produced and/or processed shall be sold on the premises.

B. The area used for such purpose shall not be greater than 40% of the floor area devoted to retail sales.

10. Commercial Parking Areas. Commercial parking areas, where permitted, shall be subject to the following standards:

A. Each parking space shall meet the parking space size requirements outlined in § 27-403, Subsection 1.

B. Parking areas shall have adequate and well designed access point. No entrance or exit to the parking area shall he located within 50 feet of any road intersection. Access points connected to a state highway will require highway occupancy permits from the Pennsylvania Department of Transportation.

C. Parking spaces shall be arranged and marked for orderly and safe movement of vehicles.

D. Parking areas shall be property graded and drained to dispose of all surface water without increasing flow to adjacent properties. A soil erosion and sedimentation plan approved by the Monroe County Conservation District shall be required.

E. Parking areas designed for use between sunset and sunrise shall conform to the regulations in Chapter 32, Outdoor Lighting Standards.

F. Wherever a parking area over five spaces is located across the road from or within 50 feet of lands in a residential district the parking area shall be screened from view of such land, except for access aisles, by a wall, fence or hedge approved by the Supervisors.

G. Owner/operator shall take adequate measures to prevent the accumulation of refuse or trash upon the lot.

H. The parking of any vehicle, other than passenger vans or buses, over 18 feet in length or eight feet in width is prohibited.

I. Landscaping for parking area design shall comply with § 27-502, Subsection 7.

11. Construction Field Sites. Construction field sites for projects taking place in the area shall be subject to the following standards:

A. The use shall be a temporary one not to exceed one year in duration without an extension granted by the Board of Supervisors.

B. Access to the property shall require Township or PennDOT approval if accessed from a Township or State road.

C. Signs shall comply with the provisions for temporary signs contained herein.

D. Such construction field sites shall be limited to ED and M-1 Districts.

12. Automotive and Vehicular Sales. Automotive and vehicular sales and/or rentals including new and used cars, mobile homes, trailers, campers, boats, construction or farm equipment, where permitted, shall be subject to the following standards:

A. No highly inflammable or explosive liquids, solids, or gases shall be stored in bulk above ground. Tanks or drums of fuel directly connected with heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this subsection.

B. All facilities shall be enclosed by a fence or wall adequate to conceal such facilities and the contents thereof from adjacent residential property to the rear or side. Such walls and fences shall be distant not less than 20 feet from all other property lines which abut a residential district or existing residential development, but in any other case shall be distant not less than 10 feet from any property line and shall be distant not less than 25 feet from any public street.

13. Commercial Indoor Recreation and Entertainment Facilities. Commercial indoor recreation and entertainment facilities, such as eating places, bowling alleys, indoor skating rinks, indoor swimming pools, night clubs, social halls and other similar facilities, where permitted, shall be subject to the following standards:

A. Points of vehicular ingress and egress shall be limited to a total of two on any road. Adequate off-street parking shall be at least 10 feet from all lot lines.

B. The use of essential exterior lighting facilities shall be subject to approval by the Township Supervisors.

14. [Reserved.]

15. Public Transportation Facilities. Railroad, bus and other public transportation passenger terminals and facilities, where permitted, shall be subject to the following standards:

A. The minimum lot area shall be three acres.

B. Such uses shall be buffered and landscaped as required herein for commercial uses.

16. Adult Businesses Entertainment and Gambling Establishments. Adult businesses, entertainment and gambling establishments, where permitted, shall be subject to the following standards:

A. No adult business or entertainment or gambling establishment shall be located within 1,000 feet from any residential zoning district boundary line, park boundary line or from the building exterior perimeter of any church or other place of worship, school, day care center or other premises licensed by the Commonwealth of Pennsylvania to sell alcoholic beverages.

B. All adult businesses or establishments and all gambling establishments shall comply with all laws, rules and regulations of the United States of America, the Commonwealth of Pennsylvania and their respective agencies and instrumentalities and of this Township, pertaining thereto.

17. Telecommunications Facilities. Telecommunications facilities, where permitted, shall be subject to the following standards:

A. A site development plan for a licensed telecommunication signal facility which includes a structure requiring a foundation shall include a (engineer certified) foundation plan. The plan shall be reviewed by the Planning Commission for their recommendation to the Zoning Officer.

B. The tower height shall not exceed 75 feet.

C. Tower height shall not exceed 75 feet, except towers of 76 feet to 100 feet shall be permitted provided the applicant demonstrates through accepted engineering practices that the antenna is the minimum height required to provide an acceptable signal.

D. Towers exceeding 100 feet shall not be permitted.

E. The telecommunications company shall be licensed by the Federal Communications Commission and submit a copy of the license as part of the permit application.

F. The telecommunications company is required to demonstrate, using technological evidence, that the antenna must go where it is proposed in order to satisfy its function in the company’s grid system.

G. Towers and antennas shall meet the following requirements:

(1) Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a color so as to reduce visual obtrusiveness.

(2) At a tower or antenna site, the design of the buildings and related structures shall, to the maximum extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings. To the maximum extent possible all towers and antennas shall be a stealth design.

(3) If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be, to the maximum extent possible, of stealth design.

(4) Antennas attached to existing structures must comply with § 27-501, Subsection 2E, “Exceptions to Height Regulations.”

(5) Towers shall be of a design to collapse within the property lines of the property on which the tower is located.

H. The owner/operator of the tower is strongly encouraged to allow co-location until said tower has reached full antenna capacity, with not fewer than two additional antennas for two additional providers and to provide space for municipal or emergency communication purposes.

I. Each applicant for an antenna and/or tower shall provide to the Zoning Officer an inventory of existing towers, antennas or sites approved for towers or antennas that are within the jurisdiction of the Township or within one mile of the border thereof, including specific information about the locations, height and design of each tower.

J. Tower and antennas shall be designed to withstand winds of at least 90 miles per hour with 1/2 inch of icing.

K. No advertising shall be permitted on the tower or building. Except as required by law, an antenna or a tower shall not be illuminated and lighting fixtures or signs shall not be attached to the antenna or tower. Lighting for security purposes shall be permitted at the telecommunication facility with prior approval of the Zoning Officer.

L. A description of the suitability of the use of existing towers, other structures or technology not requiring the use of the proposed new tower.

M. If another tower is technically suitable, the applicant must show that it has requested to co-locate and that the request was rejected by the owner of the tower.

N. A description of the feasible locations(s) of future towers or antennas within the Township based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower or antenna is erected.

O. The owner or operator shall be required as a condition of issuance of a permit to post a cash or surety bond acceptable to the Township Solicitor of not less than $100 per vertical foot from natural grade of the telecommunications tower, which bond shall insure that an abandoned, obsolete or destroyed telecommunications antenna or tower shall be removed within six months of cessation of use and abandonment. Any co-locator shall be required to additionally execute such bond, as principal, to insure that the bond will be in place during the period of time that the co-locator occupies the tower. Failure of the owner or operator to remove an abandoned, obsolete or destroyed telecommunication antenna and/or tower after notification from the Township to remove same will cause the Township to have the antenna and/or tower removed using monies posted as a bond.

P. Setback requirements shall comply with § 27-503, “Accessory Buildings and Uses,” (except on municipal-owned land as specified in § 27-501, Subsection 2G).

Q. Access road to tower shall be over a defined right-of-way. Surface of access road shall be constructed of a pervious surface acceptable to the Supervisors.

R. Telecommunications facilities shall be permitted by right in the ED Economic Development District and on public (Township, school, County, State or Federal government) property in any zoning district.

18. Outdoor Storage Facilities. Outdoor storage facilities, where permitted, shall be subject to the following standards:

A. No highly inflammable or explosive liquids, solids, or gases shall be stored in bulk above ground. Tanks or drums of fuel directly connected with heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this provision.

B. All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such facilities and the contents thereof from adjacent property. Such walls and fences shall be distant not less than 20 feet from all property lines which abut an R District or existing residential development, but in any other case shall be distant not less than 10 feet from any property line and shall be distant not less than 25 feet from any public street. The area between the fence or wall and the property line shall be developed as a buffer area and provide screening in accordance with Chapter 22, § 22-302, Subsection 12D(4).

C. No materials or wastes shall be deposited on any premises in such form or manner that they may be transferred off such premises by natural causes or forces.

D. All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise attractive to rodents or insects shall be stored only in closed containers.

E. Parking spaces for commercial vehicles, trailers, boats or other large items shall have an area sufficient to provide a minimum of three feet on each side or end. Each space shall have a minimum width of 15 feet and a minimum length of 40 feet.

F. Parking areas shall have adequate and well designed access points. No entrance or exit to the parking area shall be located within 50 feet of any road intersection. Access points connected to a State highway will require highway occupancy permits from the Pennsylvania Department of Transportation.

G. Access drives and access aisles shall be paved with 2 1/2 inches of ID-2 bituminous concrete placed over a six-inch thick base course of bank run gravel; hard, durable shale or crushed stone. Parking spaces shall be arranged and marked for orderly and safe movement of vehicles. With the following exceptions: designated employee parking, overflow parking, long term parking (parking in excess of 12 hours). The above exceptions may be constructed with a pervious surface acceptable to the Supervisors.

H. Parking areas shall be properly graded and drained to dispose of all surface water without increasing flow to adjacent properties. A soil erosion and sedimentation plan approved by the Monroe County Conservation District shall be required.

I. Access drives leading to parking areas shall be not less than 22 feet wide for two way traffic or 17 feet wide for one way traffic. Access aisles leading to parking spaces shall not be less than 26 feet for 90º parking, 20 feet for 60º parking, seventeen-foot for 45º parking, 17 feet for 30º parking and 14 feet for parallel parking. No access aisle for two way traffic shall be less than 20 feet wide.

J. Parking areas designed for use between sunset and sunrise shall be illuminated in conformance with the regulations in Chapter 32, Outdoor Lighting Standards.

K. Wherever a parking area over five spaces is located across the road from or within 50 feet of lands in a residential district, the parking area shall be screened from view of such land, except for access aisles, by a wall, fence or hedge approved by the Supervisors.

L. The parking of a refuse/trash, or any other type of waste hauling vehicle unattended for more than two hours is prohibited. The parking of vehicles carrying inflammable fuels or explosives unattended for more than two hours is prohibited.

M. All parking areas shall be landscaped and buffered in the manner required for commercial uses.

N. The owner/operator of the facility shall maintain a register of all items in storage and the owner of each item.

19. Warehouse Uses (Over 50,000 Square Feet), Wholesale Establishments, Logistics Distribution and/or Depots and Fulfillment Centers.

A. No building or structure shall be in excess of 150,000 square feet of gross floor area.

B. No building shall be in excess of 50 feet in height. The maximum height of roof projections shall not be in excess of 10 feet. The height of a building or structure shall be measured from the finished floor grade to the roof membrane but excluding roof projections.

C. One off-street loading and unloading space shall be provided for each door dock. No parking and/or loading/unloading shall be permitted on or along any public road.

D. Access drives must front upon and connect to public roads improved to Township standards and shall be sufficient in width to accommodate the use and the vehicles expected to travel upon same, but in no event shall any access drive exceed 24 feet in width. No activities, including off-street parking, shall be allowed within 150 feet of a property line abutting a residential zoning district. All truck idling in excess of 15 minutes shall be prohibited. Further, facilities with gated entrances shall provide for an on-site queuing area for the stacking of a minimum of three tractor trailers.

E. Any entrance for trucks, loading/unloading area or truck parking area shall be a minimum of 250 feet from any residential zoning district boundary.

F. The use shall have its main access point(s) within two miles of at least one arterial road or an on-ramp of an expressway.

G. The use shall include an appropriate system to contain and properly dispose of any fuel, grease, oils or similar pollutants or hazardous substances that may spill or leak where such substances are stored or where vehicles are fueled, repaired or maintained.

H. No outdoor storage of any kind is permitted. However, the storage of garbage that is routinely produced on site and awaiting regular collection is permitted; however, yard areas must still be kept clear of junk, trash or other types of debris. All activities shall occur in a completely enclosed building or structure (except for shipments and deliveries by vehicles), and all materials shall be stored within a completely enclosed building or structure.

I. The minimum distance between any two buildings (or groups of buildings) will not be less than the height of the building (including roof projections) plus 25 feet.

J. An emergency access road shall be constructed to go completely around the perimeter of each building to be constructed and to act an emergency fire lane. Such road shall be at least 20 feet wide and shall be constructed of materials that are able to withstand the load of large emergency response vehicles (such as fire trucks) and related equipment.

K. A mechanical scraper system shall be installed at each truck exit for the purpose of removing snow, slush and/or ice from the trailer and truck rooftops. During the winter months (December-March) or after any snow or ice event, all trucks must pass under this system.

L. The building or structure must be sprinklered.

20. Truck Terminals. Truck terminals, where permitted, shall be subject to the following standards:

A. No truck terminal shall be constructed, erected, maintained, established, or allowed to exist upon a tract of land containing less than 50 acres, in the aggregate.

B. The maximum building coverage, excluding canopies, shall not exceed 5% of the land area. Parking lot facilities and access roads shall not exceed an additional 20% coverage of the total land area. Parking lot facilities shall not extend more than 500 feet in any direction from the outermost bearing wall of any building.

C. No building, parking lot, equipment, storage tank, pump, structure, sewage facility, or other appliance or facility, whether aboveground or underground, shall be located on the tract nearer than 200 feet of any lot line of the tract or any public road.

D. Access to the truck terminal tract shall be limited to one paved way of ingress and one paved way of egress to and from a public road, street or highway to allow the free flow of traffic. The way of ingress shall not be used for egress and the way of egress shall not be used for ingress. The intersection of the way of ingress and the way of egress with the public road, street or highway, shall not be less than 750 feet apart, measured from center line to center line. The maximum curve radii or edge-of-pavement radii at such intersection shall not be greater than 20 feet in width.

E. Such truck terminal tract shall be screened from the view of the traveling public with a natural barrier of shrubbery or trees or artificial barrier, subject to the approval of the Township Supervisors.

F. No above-ground storage facilities of any kind for gasoline or diesel fuel shall be permitted.

G. Underground storage facilities shall not exceed 100,000 gallons of gasoline and 100,000 gallons of diesel fuel.

H. All travel areas and parking lots must be paved with not less than eight inches of crushed stone subbase and 2 1/2 inches I.D. No. 2A wearing course.

I. Concrete curbing shall be installed at the perimeter of all paved areas, excluding access points, of not less than eight inches at the top, nine inches at the bottom, and 24 inches in height, eight inches above the pavement.

J. Signs shall comply with the requirements of this Chapter.

K. No truck terminal shall be constructed, erected, or established unless the final, ultimate public access thereto is directly from a public highway of not less than four lanes, consisting of two lanes in either direction.

L. In order to prevent undue congestion, hazardous traffic conditions, noise and pollution, no such truck terminal shall be located or situate in Smithfield Township nearer than one mile of an existing truck terminal, measured along the public highway from the point of egress to the respective truck terminals.

M. No truck terminal hereafter constructed, erected, established or maintained in Smithfield Township shall sell or dispense diesel fuel oil which has a sulfur content in excess of 0.3%.

N. No truck terminal, from and after the effective date hereof, shall be operated or maintained so as to cause, allow or permit noise or sound to emanate or issue from its property in excess of 40 decibels measured over an eight-hour period, as measured at any point on its property boundary line.

O. No truck terminal shall cause, permit, or allow its premises to be occupied, at any time, by more than three motor vehicles designed for carrying freight or merchandise, multiplied by the total aggregate number of acres contained within the tract upon which is situate such truck terminal.

21. ED District Uses. Uses within the ED District shall be subject to the following additional standards:

A. Nonresidential development is limited to the maximum building coverage indicated in the Schedule of District Regulations. The Board of Supervisors may increase the maximum building coverage up to an additional 15%, for a total maximum building coverage of 50% if, during site plan review, it is found that the development meets the following standards:

(1) The development maintains the privacy of adjacent residential lots or residentially zoned properties through techniques such as decreased height, additional landscape and screening measures, building massing and design to mitigate adverse impacts of noise and lighting, and increased setbacks above those required from adjacent residential lots.

(2) Building design elements incorporate pedestrian-scale features, such as awnings and storefront windows along appropriate corridors (local roads and collector roads).

(3) The design of the site’s circulation system provides adequate and safe access for both motor vehicles and alternate modes of transportation, including pedestrians and bicyclists. The design must minimize potentially dangerous traffic movements and points of conflict between vehicles and pedestrians or bicyclists.

B. Applicants proposing any use which is expected to generate 500 or more trip-ends per day, in accordance with the most recent edition of the Trip Generation Manual by the Institute of Transportation Engineers, shall be required to prepare a traffic impact study in compliance with § 27-404 of this Chapter.

C. Building height is limited to 40 feet; provided, however, the Board of Supervisors may permit the increase of the building height by 10 feet for each additional 10 feet of front yard, provided not to exceed a maximum building height of 60 feet. Refer to § 27-305 of this Chapter for building height restrictions in a major mixed use development. Refer to § 27-306 of this Chapter for building height restrictions in an incentivized development.

(1) Any increase in building height, above 35 feet, shall be permitted only if plans have been reviewed and approved by the Fire Chief and the emergency services providers to ensure all roads, driveways and access aisles will be of sufficient width and design to accommodate ready access by emergency services vehicles, apparatus and personnel.

(2) Any building or structure exceeding 35 feet in height shall be fully sprinklered in accordance with NFPA standards and provided with a Class III standpipe system on all floors and each wing. State building code requirements shall also apply.

(3) Any building or structure exceeding 35 feet in height shall have an addressable fire alarm system.

(4) Any building or structure exceeding 35 feet in height shall have appropriate signage and emergency lighting in all stair towers.

(5) All fire hydrants shall be equipped with Storz fittings approved by the local fire department.

(6) Knox box (key repository for use of emergency personnel) shall be installed at each entrance to any building or structure greater than 35 feet in height.

D. Parking Standards for Joint Use. Where a parking area is intended for the joint use of two or more distinct land use activities, the total parking area required shall be the same as required for those uses computed separately, minus 10% of the total number of spaces required. Refer to § 27-305 of this Chapter for parking standards in a major mixed use development. Refer to § 27-306 of this Chapter for parking standards in an incentivized development.

E. Loading docks, utility meters, HVAC equipment, trash dumpsters and other service functions shall be incorporated into the overall design theme of the building so that the architectural design is continuous. These areas shall be located and screened so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets.

F. Only one principal use is permitted on a lot by-right within the ED District unless part of a mixed use development or an incentivized development. In the event of a conflict between the provisions of a mixed use development or an incentivized development and the provisions of the underlying district, the provisions of the mixed use development or the incentivized development shall prevail, depending upon the development option chosen. If the standards in the major mixed use development option and the incentivized development option are silent in relation to any development standard, the development standard identified in the underlying district shall prevail.

G. In order to expedite the review and approval process, any adaptive reuse project within the ED District may submit land development plans for preliminary and final approval.

22. Data Centers, Disaster Recovery Facilities, and Data Center Accessory Use. Data centers, disaster recovery facilities, and data center accessory use are permitted as a principal permitted use in the M-1 Industrial District. Data centers, disaster recovery facilities, and data center accessory use are permitted as Conditional Use (CU) in the ED Economic Development District. Data center, disaster recovery facilities, and data center accessory use shall be subject to the following additional regulations:

A. Submission Checklist for Data Centers, Disaster Recovery Facilities, and Data Center Accessory Use. This subsection provides a general guide for potential applicants preparing to submit plats for a data center, disaster recovery facility, and/or a data center accessory use in Smithfield Township. For a complete understanding of the applicable regulations for these uses, please refer to § 27-511(22) in its entirety for these uses. Applicants are required to submit comprehensive analyses, including but not limited to:

(1) Provide evidence of compliance with the standards and criteria for dimensional standards and aesthetics (§ 27-511(22)B, § 27-511(22)C) which shall also include the submission to the Township of an artist's rendering(s) and must also include elevations. When the use is located adjacent to residential districts or sensitive receptors, the artist's rendering(s) must also depict evidence of compliance with the screening, fencing, and landscape buffer regulations in § 27-511(22)D, § 27-511(22)E.

(2) The applicant shall thoroughly demonstrate how the data center's utility needs will be met, including water usage, emergency management, and electrical connectivity (§ 27-511(22)F).

(3) A noise study and a vibration study, prepared and certified by a qualified professional noise engineer, shall be submitted to the Township Supervisors, Township Planning Commission, and Township Engineer for review. The study must demonstrate compliance with the criteria specified in § 27-511(22)G and K.

(4) The applicant shall thoroughly demonstrate capacity to comply with all decommissioning criteria compliance, per § 27-511(22)L.

(5) For all the standards and criteria for these use(s), please refer to § 27-511(22) in its entirety.

B. Dimensional Standards. The dimensional standards of data centers, disaster recovery facilities, and data center accessory use shall be in accordance with § 27-309, Schedule of District Regulations, with the following exceptions:

(1) The maximum building height for a data center and disaster recovery facility shall be 60 feet, inclusive of roof-mounted equipment such as cooling and ventilation systems, HVAC units, and cooling towers.

(2) The maximum height of a data center accessory use shall be no greater than the height of the principal building.

(3) Data centers, disaster recovery facilities, and data center accessory uses shall be set back 200 feet from the boundary of R-C Residential Conservation District, R-1 Low Density Residential District, or R-2 Moderate Density Residential District, an existing residential use, or the lot line of any property developed with a sensitive receptor.

(4) If data centers, disaster recovery facilities, and data center accessory uses are located on a parcel that is in the ED Economic Development District, or M-1 Industrial District and adjacent to another ED Economic Development District, M-1 Industrial District, or R-E Resort District zoned parcel(s), the setbacks shall be as listed in § 27-309, Schedule of District Regulations. However, if the data center, disaster recovery facilities, and data center accessory use are adjacent to a residentially zoned parcel (R-C Residential Conservation District, R-1 Low Density Residential District, or R-2 Moderate Density Residential District), or a parcel in the ED Economic Development District, RE Resort District, or the M-1 Industrial District which contain a sensitive receptor, then the setbacks shall be as described in § 27-511(22)B(3).

C. Aesthetics.

(1) Main Entrance Features.

(a) Main Entrance Design.

1) A data center, disaster recovery facility, or data center accessory use building shall include a main entrance feature that is differentiated from the remainder of the building facade by a change in building material, pattern, texture, color, or accent material.

2) The entrance feature shall also either project from or recess into the adjoining building plane.

(b) Foundation Plantings or Enhanced Landscaping.

1) Main entrance features shall incorporate foundation plantings consisting of a mix of evergreen and deciduous shrubs along at least 50% of the length of the facade.

2) These foundation plantings are in addition to any required buffers or landscaping mandated by Township ordinances.

3) In lieu of foundation plantings, any required buffering and parking area landscaping may be provided at an enhanced rate of 20% more plant units than what is required pursuant to the § 22-1101 (Landscape Plan Required).

(2) Building Facades and Fenestration.

(a) Differentiated Surfaces. Principal facades must incorporate differentiated surfaces at horizontal linear intervals that may vary in frequency but must occur every 150 horizontal feet or three times the average height of the building. The building facade must incorporate a change in at least one of the following design elements:

1) Building material.

2) Pattern.

3) Texture.

4) Color.

5) Accent material.

(b) Fenestration: Windows and Doors.

1) Windows, doors, or similar fenestration design features, such as faux windows, must be distributed horizontally and vertically across the facade.

2) Fenestration must comprise a minimum of 30% of the total area of the individual facade.

D. Screening and Fencing.

(1) To provide visual screening and reduce noise levels, ground-mounted and roof-mounted equipment used for cooling, ventilating, or otherwise operating the use including power generation or other power supply equipment, that is located within 300 feet of a public roadway, R-1 Low Density Residential District, R-2 Moderate Density Residential District, or R-C Residential Conservation District, or the lot line of a property developed with a sensitive receptor(s) must be fully enclosed, except where not mechanically feasible based on the manufacturer's specifications. If it is not mechanically feasible to fully enclose the equipment, it must be fully screened from view using one or more of the following means:

(a) The landscape buffer and/or use of existing vegetation that will remain on the property as required by § 27-511(22)E.

(b) By the principal data center or disaster recovery facility buildings.

(c) An earthen berm averaging a minimum of five feet in height above the adjacent average ground level with a maximum side slope of 3:1, provided that the berm shall be covered by native shrubs and a well-maintained all season natural ground cover. Any required screening plantings shall be arranged on the outside and top of the berm.

(d) A visually solid fence, screen wall or panel, parapet wall, or other visually solid screen that shall be constructed of materials compatible with those used in the exterior construction of the principal building.

(2) Fencing of the property is permitted, provided that fencing along public and private roadways is not chain-link, with or without slatted inserts, and does not include barbed wire or other similarly visibly intrusive deterrence device. An applicant shall not be required to comply with this requirement if fencing is fully screened from view by one or more of the means identified in § 27-511(22)D(1).

E. Landscape Buffer. A landscape buffer (also termed a buffer yard) is required between a data center, disaster recovery facility, and data center accessory use and any adjoining residential zoning district (R-1 Low Density Residential District, R-2 Moderate Density Residential District, or R-C Residential Conservation District), an existing residential use, a sensitive receptor, or a public roadway. The landscape buffer shall comply with the following requirements:

(1) The landscape buffer shall be at least 100 feet in width and may be part of the minimum setback distance.

(2) Landscape buffer plantings shall consist of native species planted as follows:

(a) One large evergreen tree per 25 linear feet of buffer. The size of large evergreen trees shall be a minimum of eight feet in height at the time of planting.

(b) One deciduous canopy (shade) tree per 75 linear feet of buffer. Size of canopy (shade) trees shall be a minimum of 2 1/2 inch caliper at the time of planting.

(c) One ornamental/flowering tree per 50 linear feet of buffer. The size of ornamental/flowering trees shall be a minimum of eight feet in height for multistemmed varieties, or 2 1/2 inch caliper at the time of planting for single-stemmed varieties.

(d) Five shrubs per 25 linear feet of buffer. Size of shrubs shall be fully branched and minimum of three feet in height at the time of planting. Shrubs shall be a combination of evergreen and deciduous species, with a minimum of 50% being evergreen.

(3) Utilities, equipment, and stormwater management facilities shall not be located in the landscape buffer. If a utility must cross the landscape buffer, it shall be the minimum traversal distance and then only if every precaution is taken to make up for the lost visual screen by utilizing a screen wall of earthen colors.

(4) In the event that existing vegetation is adequate to meet the intent of the required landscape buffer yard to screen the data center, disaster recovery facility, and/or data center accessory use from adjoining residential zoning districts, existing residential uses, sensitive receptors, and public roadways, the Board of Supervisors, upon recommendation by the Township Engineer and Planning Commission, may determine that existing topography and/or vegetation constitutes all or part of the required landscape buffer yard.

(5) Required Details on Plat Submission. For existing vegetation that is adequate to meet the intent of the required landscape buffer yard, per § 27-511(22)E(4), those vegetation(s) shall be clearly specified and shown on all the submitted plats. If the final plat is approved, the Township Engineer and the applicant shall meet on site prior to the commencement of construction and/or clearing to identify exactly which existing trees meet the criteria, to be credited toward the requirements in § 27-511(22)E.

F. Utilities. The applicant shall thoroughly demonstrate how a data center, disaster recovery facility, data center accessory use utility needs will be met, including water usage, emergency management, and electrical connectivity. Applications are expected to provide information related to the development's electrical load requirements and further illustrate that any needed expansion of utilities can be done in a manner that does not impact surrounding properties and is compatible with existing and proposed nearby and adjacent developments.

(1) Power.

(a) If the applicant proposes connecting a data center, disaster recovery facility, or data center accessory use to the electric grid, the applicant shall provide documentation from the applicable electric service provider certifying that that the necessary capacity is available, and that electric service provider will serve the use(s). Known impacts on electric rates or availability for other uses directly attributable to the use(s) shall be noted and evaluated.

(b) Any energy generation system designed or used to supply power directly to a data center, disaster recovery facility, data center accessory use during normal operations, including solar, wind, fossil fuel, or nuclear energy generating systems, shall not be considered part of the data center, disaster recovery facility, or data center accessory use. Such systems shall be considered a separate use and shall be approved according to the zoning regulations applicable to such use.

(c) No electrical disturbances which adversely impact the operation of any equipment beyond the property line shall be permitted.

(2) Emergency Management.

(a) The applicant shall submit an Emergency Response Plan (ERP) prepared by a qualified professional. The ERP shall:

1) Be reviewed and accepted by the local fire department and emergency management services as part of the conditional use and/or land development process;

2) Include detailed procedures for fire suppression, containment, ventilation, and evacuation;

3) Include an evaluation of the access roads and hydrant locations within the site to ensure suitable access for emergency equipment within the site;

4) Ensure that all first responders receive adequate training specific to the installed system;

5) Include provisions for annual fire safety inspections demonstrating compliance with fire safety standards to be performed by a qualified professional on behalf of the data center, disaster recovery facility, or data center accessory use.

(b) Any data center, disaster recovery facility, or data center accessory use proposing battery storage or any other device or group of devices capable of storing energy in order to supply electrical energy at a later time, whether the energy is stored for use on-site or off-site, shall demonstrate compliance with National Fire Protection Association (NFPA) Standard 855, Installation of Stationary Energy Storage Systems, or similar standards and must include fire suppression systems designed specifically for battery storage.

(c) No data center, disaster recovery facility, or data center accessory use shall be approved unless the applicant demonstrates that procedures for fire suppression, containment, ventilation, and evacuation are sufficiently protective of public health, safety and welfare.

(d) There shall be a 24-hour emergency contact signage located conspicuously at the access entrance(s) to the facility. The signage shall include the facility company name, owner/representative name, telephone number, and the local power company's name and telephone number.

(3) Water and Sewer.

(a) If the data center, disaster recovery facility, or data center accessory use will be served by a public water supply, the applicant shall submit documentation from the public authority certifying that the public authority will supply the water needed.

(b) If the use(s) are to rely upon nonpublic sources of water, the applicant shall provide a water feasibility study. The purpose of the study is to determine if there is an adequate supply of water for the proposed use(s) and to estimate the impact of the use(s) on existing wells, groundwater, and surface waters in the vicinity. None of the use(s) in this subsection shall be approved unless the water feasibility study demonstrates that the anticipated water supply yield is adequate for the project and that the proposed water withdrawals and discharges will not endanger or adversely affect the quantity or quality of groundwater supplies or surface waters in the vicinity. The water feasibility study shall include the following information at a minimum:

1) The projected water demands of the use(s);

2) The source of water to be used;

3) A description of how water will be used, including the amount or proportion of water to be used for each purpose (e.g., cooling, humidity control, fire suppression, and domestic usage);

4) The long-term safe yield of the water source;

5) A description of the amount or portion of water withdrawn that will be recycled or discharged and by what means;

6) A geologic map of the area with a radius of at least one mile from the site;

7) The location of all existing and proposed wells within 1,000 feet of the property boundary, with a notation of the capacity of all high-yield wells;

8) The location of all surface waters, including perennial and intermittent streams, rivers, lakes, reservoirs, ponds, wetlands, springs, natural seeps, and estuaries, within 1,000 feet of the property boundary;

9) A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, surface waters, and the groundwater table;

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

(c) The applicant shall provide proof of review and approval from the Delaware River Basin Commission for projects proposing:

1) Water withdrawals of 100,000 gallons per day (gpd) or more over a 30-day average from any source or combination of sources within the Delaware River Basin; or

2) Any consumptive water use of 20,000 gpd or more over a 30-day average from any water source.

3) This subsection shall comply with § 27-511(22)F(3)(b)5).

(d) The applicant shall demonstrate that adequate means of wastewater disposal, including domestic wastewater and wastewater used for cooling or industrial purposes, have been provided and approved by the Sewage Enforcement Officer and/or the Pennsylvania Department of Environmental Protection.

G. Sound/Noise.

(1) The applicant shall demonstrate through a sound study(s) conducted by a qualified professional acoustical expert that the sound generated by a data center, disaster recovery facility, and/or data center accessory use during normal operations shall not exceed the standards established in this subsection at the perimeter property boundaries of receiving land uses. The study(s) must be submitted to the Township Supervisors, Township Planning Commission, and Township Engineer for review. Such sound study shall be conducted using a sound level meter equipped with a modern octave band filter according to standards prescribed by the American National Standards Institute (ANSI S1.4-2104) or the International Organization for Standardization (ISO 1996):

(a) A preliminary study shall be conducted as part of the conditional use and/or land development process. The preliminary sound study shall include recommended sound reducing materials or systems as needed to meet the sound limit criteria of this subsection.

(b) An as-built sound study shall be conducted six months after issuance of the certificate of occupancy and prior to the final escrow release for any land development phase. An as-built sound study may also be required thereafter by the Smithfield Township Supervisors. If it is determined by the as-built sound study that there is a violation of the noise limits in this subsection, it shall be considered a violation of this chapter.

(2) Sound Levels and Maximum Sound Pressure Levels. Maximum sound pressure levels shall not exceed those provided in the following table. In addition to the table below, and the sound standards in this subsection, the use(s) shall comply with all applicable standards outlined in Chapter 10, Part 2, Noise and Nuisances. Where any provision of this section conflicts with Chapter 10, Part 2, Noise and Nuisances, the provision imposing the more restrictive standard or higher level of protection shall prevail.

Octave Band (cycles per second)	Maximum Sound Pressure Level (dB) (0.0002 dynes per square centimeter)
0-74	72
75-149	67
150-299	59
300-599	52
600-1, 199	46
1,200-2,399	40
2,400-4,800	34
Above 4,800	32

H. Floodplain, Airports, and Railroads.

(1) No data center, disaster recovery facility, and/or data center accessory use, and any associated structures, including electrical substations, backup generators and fuel storage, may be located between the 100-year and 500-year flood elevations as shown in the most recent Flood Insurance Rate Maps prepared by the Federal Emergency Management Agency for the Township.

(2) No data center, disaster recovery facility, or data center accessory use shall be located within the conical, horizontal, transitional, primary or approach surface zones for an airport.

(3) No data center, disaster recovery facility, or data center accessory use shall be located within 800 feet of a railroad, railroad station, railroad yard, and freight station.

I. Equipment Testing Times.

(1) Generator Testing Adjacent to Residential Zoning Districts or Sensitive Receptor(s). For any data center, disaster recovery facility, and/or data center accessory use located on a parcel adjacent to property with existing residential development, a sensitive receptor, or a residential zoning district, the following standard applies to generator testing:

(a) Generator testing is limited to between 7:00 a.m and 5:00 p.m. during all months of the year.

(b) Except for generator testing or commissioning activities, generator use shall otherwise be limited to backup/emergency use only.

J. Lighting and Heat.

(1) Outdoor Lighting and Glare: This use(s) shall comply with the lighting regulations in Chapter 32, Outdoor Lighting Standards, and Chapter 22, § 22-1020.

(2) No direct or reflected glare, or measurable heat, from any source shall be perceptible at or beyond the property line of the zoning district in which the use is located, nor at or beyond the property line of any adjacent residential zoned property, or property which contains a sensitive receptor.

K. Emissions and Ground Vibrations.

(1) The emission of any smoke, odorous gases, other odorous matter, or steam in quantities perceptible at or beyond the boundary with an adjacent residential zoned property, or property which contains a sensitive receptor shall be prohibited.

(2) Every data center, disaster recovery facility, and/or data center accessory use shall be operated so that ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point along any boundary of the zoning district in which the use is located or at the boundary with an adjacent residential property, or a property with a sensitive receptor.

(3) The applicant shall provide a vibration study prepared by a qualified professional that demonstrates that no vibration from the data center, disaster recovery facility, data center accessory use(s), or associated equipment will be perceptible to the human sense of feeling beyond the property line.

(4) Activities which emit dangerous or harmful radioactivity are prohibited.

L. Decommissioning.

(1) For a data center, disaster recovery facility, or data center accessory use, it is the facility owner's responsibility that at the end of the project life or active use of the facility as a data center, disaster recovery facility, or data center accessory use the site must be restored to a condition that existed prior to the project or the facility altered in a manner that will allow for a beneficial reuse of the property. This would involve the removal of all equipment, structures, containment ponds, etc., that are no longer in use or cannot be reasonably reused.

(2) A decommissioning agreement will be required to be executed between the Township and the facility owner to ensure the requirements within this section are met within 12 months of the date at which the facility ceases to operate as a data center, data center accessory use, or a disaster recovery facility.

M. Outdoor Storage. Outdoor storage spaces must be located behind a visually solid evergreen tree screen, where the size of large evergreen trees shall be a minimum of six feet in height at the time of planting or a six-foot-high solid visual screening fence, such as a wooden fence.

N. Demand-Based Parking for Data Centers, Disaster Recovery Facilities, and Data Center Accessory Use. Parking for these use(s) may be calculated based on demand instead of those listed and described in § 27-402(6) as set forth in Schedule II providing the following conditions are met:

(1) A parking demand study shall be prepared by a qualified professional engineer.

(2) The study must include methodology, assumptions, and data sources. The ITE Parking Generation Manual may be used as a standard reference for estimating parking demand. Comparison with similar land uses or regional data may also be utilized in the study.

(3) Where a parking demand study prepared by a qualified professional demonstrates that the required number of parking spaces (per Schedule II) exceeds actual demand, the Board of Supervisors may approve a reduction in the number of spaces required.

23. Hospital, Specialty Hospital and Medical Center Uses. Hospital, specialty hospital and medical center uses, where permitted, shall be subject to the following standards:

A. The use shall front on and have direct access to a collector or arterial road.

B. Emergency and service entrances shall be located so as to be least offensive to adjoining residential uses.

C. Where the use adjoins existing residential uses or a residential district, buffer planting shall be provided in a twenty-five-foot buffer yard in accordance with the provisions of § 27-502, Subsection 7C.

D. Parking areas shall be adequately screened from any existing adjacent residential use or residential district.

E. When proposed as an accessory use to a hospital, specialty hospital, an athletic facility or health club and a health and wellness center shall meet the district regulations, bulk and other requirements for the proposed facility it is to be accessory to, as well as separate parking requirements outlined in Schedule II.

F. When proposed as an accessory to a hospital, an ambulatory surgical center shall meet the district, bulk and parking regulations applicable to the primary hospital use.

24. Lawful Use Not Otherwise Permitted. This section is intended to provide, by conditional use, for any lawful use that is required to be permitted by the Pennsylvania Municipalities Planning Code and which is not otherwise permitted in any other use categories described in this Section. A lawful use not otherwise permitted shall be subject to the following requirements in addition to the regulations found in § 27-704 of this Chapter:

A. The use must comply with the open space, impervious surface, area, lot area, and dimensional requirements of the district in which the use is proposed.

B. The applicant must demonstrate that the use proposed will comply with all permit requirements of the Pennsylvania Department of Environmental Protection or any other commonwealth or Federal government agency which regulates such use.

C. A buffer area shall be established in accordance with the conditions imposed upon the granting of conditional use approval which is sufficient to adequately screen the lawful permitted use from other uses in the vicinity. The buffer area shall be of sufficient width to protect the surrounding area from the objectionable effects of the proposed use, including, but not limited to, noise, dust, vibration, odor, illumination, visual effects and the like.

D. In addition, conditional use approval will only be granted by the Board of Supervisors after it has determined that the granting of such will not result in additional threats to public safety or extraordinary public expense, create nuisances, cause fraud or victimization of the public or conflict with local laws or ordinances.

25. Research Facility. A research facility, where permitted, shall meet the following criteria:

A. The site shall front on or have access to a collector or arterial roadway.

B. A research facility shall be a conditional use in the Industrial District and in the C-1 Commercial District.

C. A research facility may not maintain operations at a biological safety level greater than Biosafety Level 2, in case of animal research facilities an Animal Biosafety Level 2 (or equivalent or comparable safety level in nonbiological facilities), as determined by Federal law and as regulated through the United States Department of Health and Human Services, the United States Public Health Service, the Centers for Disease Control and Prevention, the National Institutes of Health, or their successors or equivalents in the natural, social or physical sciences.

D. A research facility must comply with all applicable Federal, State, and local regulations pertaining to its use, and must provide facilities, staff, and established practices that reasonably ensure appropriate levels of environmental quality, safety, security, and care.

26. Indoor Shooting Range. Indoor shooting ranges shall be subject to the following additional standards:

A. All activities associated with the discharge of firearms at an indoor shooting range shall take place within an enclosed building. No such activities shall take place outdoors.

B. Sound abatement shields, sound scrubbers or equivalent barriers shall be installed on shooting ranges so as to keep all noise, sounds, concussions, and vibrations within the boundary lines of the property in question, unless significant natural barriers exist that provide the same level of protection, noise abatement, and control.

C. All indoor activities, including shooting of projectiles and storage of projectiles, shall comply with the most current published standards and guidelines of the National Rifle Association and Field Archery Association, as applicable.

D. The storage of ammunition shall be limited to only that utilized for each day’s activity, and in no event shall ammunition remain on the property for greater than 24 hours. The storage of live ammunition may only occur indoors in an area secured from general access.

E. The number of active shooters shall be limited to the number of firing points or stations identified on the development plan.

F. Illegal substances, drugs, and alcoholic beverages are prohibited.

27. Transient Business.

A. All transient businesses defined herein must first obtain a permit for its operation issued by the Zoning Officer. The permit must specify the type of product; and no business may sell other types of products not enumerated in the license. The license must be displayed on the business premises or be in the possession of the on-site business agent at all times that the business is in operation and be available for inspection by any authorized Township official. The Board of Supervisors shall establish the permit requirements by resolution hereinafter adopted.

28. Self-Storage Facility.

A. General Requirements.

(1) The facility shall comply with the normal setback, lot coverage, and building height standards for the district.

(2) Fence. The self-storage facility shall be surrounded by a fence of such height and design as to restrict access to the self-storage facility, and said fence shall not be less than eight feet in height and shall be located between the self-storage facility and any required buffer. Barbed and/or razor wire is prohibited.

(3) The minimum driveway width between buildings shall be 24 feet.

(4) Parking. The facility shall have one parking space per 200 ft² of office space. Required parking shall not be rented as, or used for, storage.

(5) No storage shall be permitted in any required setback area.

(6) No items or vehicles shall be stored in interior traffic aisles, off-street parking areas, loading areas, or driveway areas.

(7) Individual units shall not be served by a water supply or a sewage disposal system.

B. Prohibited Uses. A self-storage facility shall be used only for storage and shall not be used for, including, but not limited to:

(1) Any other commercial, light manufacturing, or industrial use.

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

(3) Human habitation.

(4) The keeping or kenneling of animals.

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

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

(7) The storage of flammable or hazardous chemicals, perishable food stuffs, living organisms, trash, garbage, refuse, animal carcasses or skins, explosives, or similar substances.

C. Outdoor Storage. Up to 40% of the total indoor storage area may be devoted to outdoor parking spaces for boats, cars, recreational vehicles, or other commercial vehicles. All such items stored outdoors must be licensed and inspected (if applicable). Storage of junk vehicles is prohibited. The outdoor storage area shall not be located in the required setbacks, and shall not interfere with traffic movement through the complex.

D. Lighting. Adequate lighting shall be provided to illuminate the area, but shall be directed downward and away from adjacent uses. Such lighting shall conform to the applicable provisions in the Township Code.

§ 27-512 Wireless Communications Facilities.

[Ord. 231, 6/22/2021; Ord. No. 258, 9/23/2025]

1. Short Title. This Section shall be known as the “Smithfield Township Wireless Communications Facilities Ordinance.”

2. Purposes and Findings of Fact.

A. The purpose of this Section is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in Smithfield Township. While the Township recognizes the importance of wireless communications facilities in providing high-quality communications service to its residents and businesses, the Township also recognizes that it has an obligation to protect public safety and to minimize the adverse visual effects of such facilities through the standards set forth in the following provisions.

B. By enacting this Section, the Township intends to:

(1) Regulate the placement, construction and modification of wireless communication facilities to protect the safety and welfare of the public;

(2) Provide for the managed development of wireless communications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of both Township residents and wireless carriers in accordance with Federal and State laws and regulations;

(3) Establish procedures for the design, siting, construction, installation, maintenance and removal of both tower-based and non-tower-based wireless communications facilities in the Township, including facilities both inside and outside the public rights-of-way;

(4) Address new wireless technologies, including but not limited to distributed antenna systems, data collection units, and other wireless communications facilities;

(5) Encourage the collocation of wireless communications facilities on existing structures rather than the construction of new tower-based structures;

(6) Protect Township residents from potential adverse impacts of wireless communications facilities and preserve, to the extent permitted under law, the visual character of established communities and the natural beauty of the landscape;

(7) Ensure that wireless communications facilities will be removed in the event that such structures are abandoned or become obsolete and are no longer necessary; and

(8) Update the Township’s wireless facilities regulations to incorporate changes in Federal and State laws and regulations.

3. Definitions.

A. Certain terms used herein are defined at § 27-1002 of this Chapter, “Other Words.”

B. All language used herein shall be interpreted in accordance with § 27-1001 of this Chapter, “ Use of Terms.”

C. Any terms not specifically defined shall be construed in their legally accepted meanings.

4. Regulations Applicable to All Tower-Based Wireless Communications Facilities. The following regulations shall apply to all tower-based wireless communications facilities:

A. Procedures.

(1) Any applicant proposing construction of a new tower-based WCF outside the public rights-of-way shall submit plans to the Township for review by the Township staff and Planning Commissions and for conditional use approval by the Township Board of Supervisors in accordance with the requirements of § 27-704 of this Chapter.

(2) The applicant shall prove that it is licensed by the FCC to operate a tower-based WCF and that the proposed tower-based WCF complies with all applicable standards established by the FCC governing human exposure to electromagnetic radiation.

B. Timing of Approval. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF, including an application fee in an amount specified by the wireless fee schedule. If the Township receives an application for a tower-based WCF and such application is not fully completed, then the Township shall promptly notify the applicant that the application is not complete and the time for the approval of such application shall not commence until a fully completed application is received by the Township.

C. Application Fees. The Township may assess appropriate and reasonable application fees in reviewing and processing the application for approval of a WCF, as well as related inspection, monitoring, and related costs, subject to the limitations in this Section, in amounts specified by the wireless fee schedule.

D. Prohibited in Conservation Districts. No tower-based WCF shall be located within a conservation or preservation district or within 200 feet of a lot in conservation use or a conservation district boundary.

E. Development Regulations. Tower-based wireless communications facilities shall be developed in accordance with the following requirements:

(1) Permitted Subject to Regulations. Any tower-based WCF that is either not mounted on any existing structure or is more than 25 feet higher than the structure on which it is mounted is permitted in certain zoning districts as a conditional use, subject to the restrictions and conditions prescribed herein and subject to the prior written approval of the Township. The Township Board of Supervisors may grant conditional use in accordance with the requirements herein:

(a) Siting. Tower-based WCF shall only be permitted in the following districts by conditional use, subject to the requirements and prohibitions of this Section:

1) R-1 Low Density Residential District;

2) R-2 Medium Density Residential District;

3) R-E Resort District;

4) ED Economic Development District;

5) M-1 Industrial District.

(b) Coverage and Capacity. An applicant for a tower-based WCF must demonstrate that a gap in wireless coverage and capacity exists and that the type of WCF and siting being proposed is the least intrusive means by which to fill the gap in wireless coverage and capacity. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Township’s decision on an application for approval of tower-based WCFs.

(c) Collocation. An applicant for a tower-based WCF must demonstrate there is not suitable space on existing wireless service facilities or other wireless service facility sites or on other sufficient tall structure where the intended wireless service facility can be accommodated and function as required by its construction permit or license without unreasonable modification.

(d) Good Faith Effort. If the applicant proposes to build a tower (as opposed to mounting the antenna on an existing structure), said applicant is required to demonstrate that they contacted the owners of all structures within a one mile radius of the site proposed, asked for permission to install the antenna on those structures and was denied for reasons other than economic ones. This would include smokestacks, water towers, tall buildings, antenna support structures of other telecommunications companies, other communication towers (fire, police, etc.), and other tall structures. The Township Board of Supervisors may deny any application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on an existing structure.

(e) Site Plan. An applicant for a tower-based WCF must submit a full site plan to the Township Zoning Officer which shall include:

1) Written authorization from the property owner of the proposed tower-based WCF site that such facility may be sited on the property. Written authorization from the property owner consenting to the making of the application to the Township for conditional use. Written acknowledgment from the property owner of being bound by this Section, the conditions of any site plan approval authorized by the Township, and all other requirements of the Township Code.

2) A site plan that is drawn to scale and shows the following features: property boundaries; any tower guy wire anchors and other apparatus; existing and proposed structures; scaled elevation view; access road(s) location and surface material; parking area; fences; power source(s); location and content of (any or warning) signs; exterior lighting specifications; landscaping plan; land elevation contours; existing land uses surrounding the site; proposed transmission building and/or other accessory uses with details; elevations; and proposed use(s).

3) A written report including: information describing the tower height and design; a cross-section of the structure; engineering specifications detailing construction of tower, base and guy wire anchorage; information describing the proposed painting and lighting schemes; information describing the tower’s capacity, including the number and type of antennas that it can accommodate; radio frequency coverage including scatter plot analysis and the input parameters for the scatter plot analysis; all tower structure information to be certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania; and wireless telecommunications data to be certified by an appropriate wireless telecommunications professional.

4) A written report, titled “Cost of Wireless Facilities Removal” certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania, detailing the total cost of removing and disposing of the tower, antenna, and related facilities.

5) All other uses ancillary to the tower-based WCF and associated equipment (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the tower-based WCF site unless otherwise permitted in the zoning district in which the tower-based WCF site is located.

6) Where the tower-based WCF is located on a property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement for the proposed facility and that vehicular access is provided to the facility.

7) An inventory of its existing wireless communications facilities, including all tower-based, non-tower, and small WCF, that are either sited within the Township or within 1/4 mile of the border thereof. Such inventory shall include specific information about the location, height, design, and use of each wireless communications facility. The Township may share such information with other applicants applying for site plan approvals or special permit uses under Section 360-24.1 or other organizations seeking to locate antennas within the Township; provided, however, that the Township is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

8) The need for additional buffer yard treatments shall be evaluated.

9) Other information deemed to be necessary by the Township to assess compliance with this Section.

(2) Sole Use on a Lot. A tower-based WCF is permitted as a sole use on a lot subject to the minimum lot area and yards complying with the requirements for the applicable zoning district.

(3) Combined with Another Use. A tower-based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another industrial, commercial, institutional or municipal use, subject to the following conditions:

(a) Existing Use. The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the communications facility.

(b) Minimum Lot Area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting.

(c) Minimum Setbacks. If a new antenna support structure is constructed (as opposed to mounting the antenna on an existing structure), the minimum distance between the base of the support structure and any property line or right-of-way line shall be the largest of the following:

1) Fifty percent of antenna height in all zones except residential zones where the setback shall be 100% of antenna height.

2) The minimum front yard setback in the underlying zoning district.

3) Forty feet.

F. Standard of Care. Any tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

G. Wind and Ice. Any tower-based WCF structures shall be designed to withstand the effects of wind and ice according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).

H. Height. Any tower-based WCF shall be designed at the minimum functional height. All tower-based WCF applicants must submit documentation to the Township justifying the total height of the structure. In no case shall a WCF exceed a maximum height of 200 feet.

I. Public Safety Communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

J. Maintenance. The following maintenance requirements shall apply:

(1) Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

(2) Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township’s residents.

(3) All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

(4) The Township reserves the authority to require the repainting of all tower-based facilities where the painting of such facilities is not regularly maintained.

K. Radio Frequency Emissions. No tower-based WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to the FCC Office of Engineering Technology Bulletin 65 entitled “Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields,” as amended. The owner or operator of such tower-based WCF shall submit proof of compliance with any applicable radio frequency emissions standards to the Township Secretary on an annual basis. A tower-based WCF generating radio frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The Township reserves the authority to revoke the permit of any tower-based WCF generating radio frequency emissions in excess of the standards and regulations of the FCC.

L. Historic Buildings or Districts. No tower-based WCF may be located on, or within 300 feet of, any property, building, or structure that is listed on either the National or Pennsylvania State Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures list maintained by the Township.

M. Underground District. A tower-based WCF shall not be located in, or within 300 feet of, an area in which utilities are required to be located underground.

N. Signs. All tower-based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency.

O. Lighting. Tower-based WCF shall not be artificially lighted, except as required by law. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings. If outdoor lighting is required, the applicant shall conform with the regulations in Chapter 32, Outdoor Lighting Standards

P. Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under State law and the Township Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

Q. Aviation Safety. Tower-based WCFs shall comply with all Federal and State laws and regulations concerning aviation safety.

R. Inspection Report Requirements. No later than December of each odd-numbered year, the owner of the tower-based WCF shall have said WCF structure inspected by an expert who is regularly involved in the maintenance, inspection and/or erection of tower-based WCFs and has demonstrated his/her expertise to the satisfaction of the Township. At a minimum, this inspection shall be conducted in accordance with the Tower Inspection Class checklist provided in the Electronics Industries Association (EIA) Standard 222, Structural Standards for Steel Antenna Towers and Antenna Support Structures. A copy of said inspection report and certification of continued use shall be provided to the Township by March 1 following the inspection. Any repairs advised by report shall be effected by the owner within 60 calendar days after the report is filed with the Township.

S. Retention of Experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this Section. The applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township’s consultant(s) in providing expert evaluation and consultation in connection with these activities.

T. Nonconforming Uses. Nonconforming tower-based WCFs, which are hereafter damaged or destroyed due to any reason or cause, may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of this Section.

U. Removal. In the event that use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

(1) All unused or abandoned tower-based WCFs and accessory facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Township.

(2) If the WCF and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF. Any cost to the Township for such removal which is not paid under the owner’s bond shall constitute a lien on the tax lot on which the tower-based WCF is situated and shall be collected in the same manner as a municipal tax on real property.

(3) Any unused portions of tower-based WCFs, including antennas, shall be removed within six months of the time of cessation of operations. The Township must approve all replacements of portions of a tower-based WCF previously removed.

V. Siting. No tower-based wireless communications facility shall be located, in whole or in part, within the public right-of-way.

W. Notice. Upon receipt of an application for a tower-based WCF, the Township shall mail notice thereof to the owner or owners of every property zoned residential within 1,000 feet of the site of the proposed facility.

X. Eligible Facilities Request.

(1) Tower-based WCF applicants proposing a modification to an existing tower-based WCF that does not substantially change the dimensions of the underlying structure shall be required only to obtain a building permit from Smithfield Township.

(2) In order to be considered for such permit, the tower-based WCF applicant must submit a building permit application to the Township in accordance with applicable permit policies and procedures.

Y. Design Regulations.

(1) Any height extensions to an existing tower-based WCF shall require prior approval of the Township. The Township reserves the right to deny such requests based upon aesthetic and land use impact, or any other lawful considerations related to the character of the Township.

(2) The tower-based WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

(3) Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the tower-based WCF applicant’s antennas and comparable antennas for future users.

(4) All utilities that are extended to the site of the tower-based WCF shall be placed underground.

Z. Surrounding Environs.

(1) The tower-based WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the tower-based WCF structure shall be preserved to the maximum extent possible.

(2) The tower-based WCF applicant shall submit a soil report to the Township complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA/TIA-222, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.

AA. 

Fence/Screen.

(a) A security fence having a maximum height of eight feet, and a minimum height of six feet, shall completely surround any tower-based WCF, guy wires, or any building housing WCF equipment.

(b) An evergreen screen shall be required to surround the site. The screen can be either a hedge (planted three feet on center maximum) or a row of evergreen trees (planted 10 feet on center maximum). The evergreen screen shall be a minimum height of six feet at planting and shall grow to a minimum of 15 feet at maturity.

(c) In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.

BB. Accessory Equipment.

(1) Ground-mounted equipment associated to, or connected with, a tower-based WCF shall be underground or screened from public view using stealth technologies, as described above.

(2) All utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.

CC. Additional Antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to collocate antennas on tower-based WCFs where technically and commercially reasonable. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Township.

DD. Access Road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility. The easement shall be a minimum of 20 feet in width and the access shall be paved to a width of at least 10 feet throughout its entire length.

EE. Bond. Prior to the issuance of special permit use, the owner of a tower-based WCF shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond or other form of security acceptable to the Township Solicitor. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this Section, after reasonable notice and opportunity to cure. The owner shall file the bond with the Township and maintain the bond for the life of the respective facility. The owner of the tower-based WCF shall maintain a bond in the following amounts:

(1) An amount of $75,000 to assure the faithful performance of the terms and conditions of this Section.

(2) An amount determined by the Township Board of Supervisors based on engineering estimates, to cover the cost of removing and disposing of the antenna, tower, and related facilities. The Township Board of Supervisors may consider, but shall not be required to rely upon, applicant’s written report, titled “Cost of Wireless Facilities Removal” certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania.

FF. Visual or Land Use Impact. The Township reserves the right to deny an application for the construction or placement of any tower-based WCF based upon visual and/or land use impact.

GG. Graffiti. Any graffiti on the tower-based WCF, including wireless support structure or on any accessory equipment, shall be removed at the sole expense of the owner within 10 days of notification by the Township.

HH. Inspection by Township. The Township reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this Section and any other provisions found within the Township Code or State or Federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

5. Regulations Applicable to All Non-Tower Wireless Communications Facilities. The following regulations shall apply to all non-tower wireless communications facilities:

A. Procedures.

(1) Any applicant proposing a non-tower WCF to be mounted on a building or any other structure shall submit detailed construction and elevation drawings indicating how the non-tower WCF will be mounted on the structure, for review by the Township staff and Planning Commissions and for conditional use approval by the Township Board of Supervisors in accordance with the requirements of § 27-704 of this Chapter.

(2) The applicant shall prove that it is licensed by the FCC to operate a non-tower WCF and that the proposed non-tower WCF complies with all applicable standards established by the FCC governing human exposure to electromagnetic radiation.

B. Development Regulations. Non-tower wireless communications facilities shall be collocated on existing structures, such as existing buildings or wireless support structures, subject to the following conditions:

(1) Permitted Subject to Regulations. Subject to the restrictions and conditions prescribed herein, non-tower WCFs are permitted in certain zoning districts as a conditional use upon review by the Township Zoning Officer and approval by the Township Board of Supervisors, in accordance with the requirements herein.

(a) Non-tower WCF are permitted in the following zoning districts by conditional use, subject to the requirements and prohibitions of this Section:

1) R-1 Low Density Residential District;

2) R-2 Medium Density Residential District;

3) R-C Residential Conservation District;

4) R-E Resort District;

5) ED Economic Development District;

6) M-1 Industrial District.

(2) Height. Such non-tower WCF shall not exceed the maximum height permitted in the applicable zoning district.

(3) Equipment building. If the non-tower WCF applicant proposes to locate the communications equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.

(4) Fencing. A security fence with a maximum height of eight feet, and a minimum height of six feet, shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.

C. Application Fees. The Township may assess appropriate and reasonable application fees in reviewing and processing the application for approval of a WCF, as well as related inspection, monitoring, and related costs, subject to the limitations in this Section, in amounts specified by the wireless fee schedule.

D. Site Plan. An applicant for a non-tower WCF must submit a full site plan to the Township Zoning Officer which shall include:

(1) Written authorization from the wireless support structure owner of the proposed non-tower WCF site that such facility may be sited on the wireless support structure. Written authorization from the wireless support structure owner consenting to the making of the application to the Township for special permit use. Written acknowledgment from the wireless support structure owner of being bound by this Section, the conditions of any site plan approval authorized by the Township, and all other requirements of the Township Code.

(2) A site plan that is drawn to scale and shows the following features: property boundaries; existing and proposed structures; existing and proposed use(s); existing and proposed antennas; existing or proposed electrical power source; and scaled elevation view.

(3) A written report including: information describing the antenna height and design; a cross-section of the wireless support structure; engineering specifications detailing attachment of the antenna to the wireless support structure; information describing the proposed painting and lighting schemes; radio frequency coverage including scatter plot analysis and the input parameters for the scatter plot analysis; all wireless support structure information to be certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania; and wireless telecommunications data to be certified by an appropriate wireless telecommunications professional.

(4) A written report, titled “Cost of Non-Tower Wireless Facilities Removal” certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania, detailing the total cost of removing and disposing of antenna and related facilities.

(5) An inventory of its existing wireless communications facilities, including all tower-based, non-tower, and small WCF, that are either sited within the Township or within 1/4 mile of the border thereof. Such inventory shall include specific information about the location, height, design, and use of each wireless communications facility. The Township may share such information with other applicants applying for site plan approvals or special permit use under this Section or other organizations seeking to locate antennas within the Township; provided, however, that the Township is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(6) Other information deemed to be necessary by the Township to assess compliance with this Section.

E. Eligible Facilities Request.

(1) Non-tower WCF applicants proposing a modification to an existing non-tower WCF that does not substantially change the dimensions of the underlying structure shall be required only to obtain a building permit from the Township Zoning Officer.

(2) In order to be considered for such permit, the non-tower WCF applicant must submit a building permit application to the Township in accordance with applicable permit policies and procedures.

F. Visual or Land Use Impact. The Township reserves the right to deny an application for the construction or placement of any non-tower WCF based upon visual and/or land use impact.

G. Historic Buildings. No non-tower WCF may be located on, or within 300 feet of, any property, building, or structure that is listed on either the National or Pennsylvania State Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures list maintained by the Township.

H. Timing of Approval. All applications for non-tower WCFs shall be acted upon by the Township within 90 days of the receipt of a fully completed application for the approval of such WCF, including an application fee in an amount specified by the wireless fee schedule. If the Township receives an application for a non-tower WCF and such application is not fully completed, then the Township shall promptly notify the applicant that the application is not complete and the time for the approval of such application shall not commence until a fully completed application is received by the Township.

I. Retention of Experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this Section. The applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township’s consultant(s) in providing expert evaluation and consultation in connection with these activities.

J. Bond. Prior to the issuance of special permit use, the owner of a non-tower WCF shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond or other form of security acceptable to the Township Solicitor. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this law, after reasonable notice and opportunity to cure. The owner shall file the bond with the Township and maintain the bond for the life of the respective facility. The owner of the non-tower WCF shall maintain a bond in the following amounts:

(1) An amount of $75,000 to assure the faithful performance of the terms and conditions of this Section.

(2) An amount determined by the Township Board of Supervisors based on engineering estimates, to cover the cost of removing and disposing of the antenna and related facilities. The Township Board of Supervisors may consider, but shall not be required to rely upon, applicant’s written report, titled “Cost of Non-Tower Wireless Facilities Removal” certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania.

K. Design Regulations.

(1) Non-tower WCFs shall employ stealth technology and be treated to match the supporting structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

(2) Non-tower WCFs, which are mounted to a building or similar structure, may not exceed a height of 15 feet above the roof or parapet, whichever is higher, unless the non-tower WCF applicant obtains a variance.

(3) All non-tower WCF applicants must submit documentation to the Township justifying the total height of the non-tower structure. Such documentation shall be analyzed in the context of such justification on an individual basis.

(4) Antennas, and their respective accompanying support structures, shall be no greater in diameter than any cross-sectional dimension than is reasonably necessary for their proper functioning.

L. Standard of Care. Any non-tower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

M. Wind. Any non-tower WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).

N. Public Safety Communications. No non-tower WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

O. Radio Frequency Emissions. No non-tower WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to the FCC Office of Engineering Technology Bulletin 65 entitled “Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields,” as amended. The owner or operator of such non-tower WCF shall submit proof of compliance with any applicable radio frequency emissions standards to the Township Secretary on an annual basis. A non-tower WCF generating radio frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The Township reserves the authority to revoke the conditional use permit of any non-tower WCF generating radio frequency emissions in excess of the standards and regulations of the FCC.

P. Aviation Safety. Non-tower WCFs shall comply with all Federal and State laws and regulations concerning aviation safety.

Q. Inspection Report Requirements. No later than the first day of December of each odd-numbered year, the owner of the non-tower WCF shall have said non-tower WCF inspected by a Pennsylvania-licensed and registered professional engineer (P.E.) who is regularly involved in the maintenance, inspection, and/or modification of non-tower WCFs. A copy of said inspection report and certification of continued use shall be provided to the Township Zoning Officer no later than the first day of March following the inspection. Any repairs advised by the report shall be effected by the owner no later than 60 calendar days after the report is filed with the Township. No later than 30 calendar days upon completion of aforesaid repairs, the non-tower WCF shall again be inspected in accordance with the parameters and requirements described herein.

R. Maintenance. The following maintenance requirements shall apply:

(1) The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

(2) Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township’s residents.

(3) All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

S. Upgrade, Replacement, Modification.

(1) The removal and replacement of non-tower WCFs and/or accessory equipment for the purpose of upgrading, replacing, modifying, or repairing the WCF is permitted, so long as such upgrade, replacement, modification, or repair does not increase the overall size of the WCF or the numbers of antennas.

(2) Any material modification to a wireless telecommunication facility shall require a prior amendment to the original permit or authorization.

T. Removal. In the event that use of a non-tower WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

(1) All abandoned or unused non-tower WCFs and accessory facilities shall be removed within three months of the cessation of operations at the site unless a time extension is approved by the Township.

(2) If the non-tower WCF or accessory facility is not removed within three months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and/or related facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF. Any cost to the Township for such removal which is not paid under the owner’s bond shall constitute a lien on the tax lot on which the non-tower WCF is situated and shall be collected in the same manner as a municipal tax on real property.

U. Graffiti. Any graffiti on the non-tower WCF, including wireless support structure or on any communications equipment or accessory equipment, shall be removed at the sole expense of the owner within 10 days of notification by the Township.

V. Public Rights-of-Way. No non-tower WCF shall be located, in whole or in part, within the public rights-of-way.

W. Signs. All non-tower WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. No other signage or display is permitted.

X. Non-tower WCF shall not be artificially lighted, except as required by law. If lighting is required, the applicant shall conform to the regulations in Chapter 32, Outdoor Lighting Standards.

Y. Noise. Non-tower WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under State law and the Township Code, except in emergency situations requiring the use of an electrical generator, where such noise standards may be exceeded on a temporary basis only.

Z. Inspection by Township. The Township reserves the right to inspect any non-tower WCF to ensure compliance with the provisions of this law and any other provisions found within the Township Code or State or Federal law. The Township and/or its agents shall have the authority to enter the property upon which a non-tower WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

6. Regulations Applicable to all Small Wireless Communications Facilities. The following regulations shall apply to small wireless communications facilities:

A. Development Regulations.

(1) Small WCF are permitted by administrative approval from the Township Zoning Officer in all Township zoning districts, subject to the requirements of this Section and generally applicable permitting as required by the Township Code.

(2) Small WCF located within underground districts shall be collocated on existing or replacement wireless support structures. No new wireless support structure may be installed for the purpose of supporting a small WCF within underground districts.

(3) Small WCF in the public ROW requiring the installation of a new wireless support structure shall not be located directly in front of any building entrance or exit.

(4) All small WCF shall comply with the applicable requirements of the Americans with Disabilities Act and all Township Code requirements applicable to streets and sidewalks.

B. Procedures.

(1) Any applicant proposing a small WCF shall submit an application for review by the Township staff.

(2) The applicant shall prove that it is licensed by the FCC to operate a small WCF and that the proposed small WCF complies with all applicable standards established by the FCC governing human exposure to electromagnetic radiation.

C. Timing of Approval.

(1) Within 60 days of receipt of an application for collocation of a small WCF on a preexisting wireless support structure, the Township Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.

(2) Within 90 days of receipt of an application for a small WCF requiring the installation of a new wireless support structure, the Township Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.

(3) Within 10 calendar days of the date that an application for a small WCF is filed with the Township Zoning Officer, the Township shall notify the WCF applicant in writing of any information that may be required to complete such application.

D. Eligible Facilities Request.

(1) Small WCF applicants proposing a modification to an existing small WCF that does not substantially change the dimensions of the underlying structure shall be required only to obtain a building permit from Smithfield Township.

(2) In order to be considered for such permit, the small WCF applicant must submit a building permit application to the Township in accordance with applicable permit policies and procedures.

E. Nonconforming Wireless Support Structures. Small WCF shall be permitted to collocate upon nonconforming tower-based WCF and other nonconforming structures. Collocation of WCF upon existing tower-based WCF is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.

F. Application Fees. The Township may assess appropriate and reasonable application fees directly related to the Township’s actual costs in reviewing and processing the application for approval of a WCF, as well as related inspection, monitoring, and related costs, subject to the limitations in this section, in amounts specified by the wireless fee schedule.

G. Standard of Care. Any small WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, the Pennsylvania UCC, or to the industry standard applicable to the structure. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

H. Historic Buildings. No small WCF may be located within 300 feet of any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, located within a historic district, or is included in the official historic structures list maintained by the Township.

I. Wind and Ice. All small WCF shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended), or to the industry standard applicable to the structure.

J. Radio Frequency Emissions. A small WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to the FCC Office of Engineering Technology Bulletin 65 entitled “Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields,” as amended. The owner or operator of such small WCF shall submit proof of compliance with any applicable radio frequency emissions standards to the Township Secretary on an annual basis. A small WCF generating radio frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The Township reserves the authority to revoke the permit of any small WCF generating radio frequency emissions in excess of the standards and regulations of the FCC.

K. Time, Place and Manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small WCF in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.

L. Accessory Equipment. Small WCF and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Township.

M. Graffiti. Any graffiti on the wireless support structure or on any accessory equipment shall be removed at the sole expense of the owner within 10 days of notification by the Township.

N. Design Standards. All small WCF in the Township shall comply with the requirements of the Township Small Wireless Communications Facility Design Manual, a copy of which is on file with Smithfield Township.

O. Collocation. An application for a new small WCF in the ROW shall not be approved unless the Township finds that the proposed wireless communications equipment cannot be accommodated on an existing structure, such as a utility pole or traffic light pole. Any application for approval of a small WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a one mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

P. Relocation or Removal of Facilities. Within 90 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a small WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

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

(2) The operations of the Township or other governmental entity in the public right-of-way;

(3) Vacation of a street or road or the release of a utility easement; or

(4) An emergency as determined by the Township.

Q. Retention of Experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the small WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this law. The applicant and/or owner of the small WCF shall reimburse the Township for all reasonable costs of the Township’s consultant(s) and/or expert(s) in providing expert evaluation and consultation in connection with these activities; provided, that such costs are a reasonable approximation of costs incurred, the costs are reasonable, and the costs are nondiscriminatory.

R. Reimbursement for ROW Use. In addition to permit fees as described in this Section, every small WCF in the ROW is subject to the Township’s right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township’s actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each small WCF shall pay an annual fee to the Township, in an amount specified by the wireless fee schedule, to compensate the Township for the Township’s costs incurred in connection with the activities described above. Such fees shall comply with the applicable requirements of the Federal Communications Commission.

7. Regulations Applicable to All Wireless Facilities.

A. Township Property. Nothing in this Chapter shall be deemed to create any offer, right, or entitlement to use Township property for the construction or operation of tower-based WCF, non-tower WCF, small WCF, wireless support structures, or related facilities. Any such tower-based WCF, non-tower WCF, small WCF, wireless support structure, or related facility proposed to be sited on property owned, leased, or otherwise controlled by the Township of Smithfield may be exempt from the requirements of this Section. The Township retains the right to require applicants to obtain site plan approval from the Township Board of Supervisors in accordance with the requirements of this Section. No tower-based WCF, non-tower WCF, small WCF, wireless support structures, or related facilities may be constructed or installed on Township property until a license or lease agreement authorizing such wireless facility has been approved by the Township Board of Supervisors.

B. Penalties. Any person violating any provision of this Section shall be subject, upon finding by a magisterial district judge, to a penalty not exceeding $500, for each and every offense, together with attorneys’ fees and costs. A separate and distinct violation shall be deemed to be committed each day on which a violation occurs or continues to occur. In addition to an action to enforce any penalty imposed by this Section and any other remedy at law or in equity, the Township may apply to a Federal District Court for an injunction or other appropriate relief at law or in equity to enforce compliance with or restrain violation of any provision of this Section.

C. Determination of Violation. In the event a determination is made that a person has violated any provision of this Section, such person shall be provided written notice of the determination and the reasons therefor. Except in the case of an emergency, the person shall have 30 days to cure the violation. If the nature of the violation is such that it cannot be fully cured within such time period, the Township may, in its reasonable judgment, extend the time period to cure, provided the person has commenced to cure and is diligently pursuing its efforts to cure. If the violation has not been cured within the time allowed, the Township may take any and all actions authorized by this Section and/or Federal and/or Pennsylvania law and regulations.

D. Revocation of Conditional Use Permit. Any conditional use permit granted under this Chapter may be revoked by the Township Board of Supervisors after a hearing, conducted on at least 15 days’ written notice to the owner of the wireless communications facility and any related facilities, and an opportunity to be heard. If at such hearing it shall be shown by substantial evidence that the wireless communications facility and related facilities constitute a threat to public safety, health, or welfare, or that the conditions of the conditional use permit have been materially violated, the Township Board of Supervisors may revoke the conditional use permit.

8. Insurance and Indemnification.

A. Requirement of Insurance. Each person that owns, operates, or removes a tower-based, non-tower, or small wireless communications facility shall purchase and maintain, at its sole expense, certain insurance coverages of specified minimum rating, as listed herein, and shall provide documentation to the Township Secretary, upon request, and as provided herein.

B. No Payment or Reimbursement. Each person that owns, operates, or removes a tower-based, non-tower, or small wireless communications facility shall be solely responsible for bearing the costs of furnishing and maintaining all required insurance coverages of specified minimum rating, as listed herein. The Township shall not provide direct payment or reimbursement to persons for the costs of maintaining the required insurance coverages. The Township shall not provide direct payment or reimbursement to persons for the costs of furnishing the required insurance coverages.

C. Specified Minimum Insurance Ratings, Registration, and Additional Endorsement. All insurance carriers listed in the certificate(s) of insurance for the required insurance coverages shall have, at minimum, a credit rating of “Rated A VII or Better” from the A.M. Best Company and shall be licensed in the Commonwealth of Pennsylvania. Each person that owns, operates, or removes a tower-based, non-tower, or small wireless communications facility shall name the Township of Smithfield as an additional insured by endorsement on the certificate(s) of insurance.

D. Furnishment of Certificates Prior to Commencement. Prior to the initial commencement of any construction, operation, or removal, each person that owns, operates, or removes a tower-based, non-tower, or small wireless communications facility shall furnish certificates of insurance to the Township Secretary evidencing coverage in compliance with the regulations herein. The failure of the Township of Smithfield to object to the contents of the certificate(s) of insurance or absence of same shall not be deemed a waiver of any legal rights held by the Township of Smithfield.

E. Revocation of Permit. The failure of any person to construct, operate, or remove a wireless communications facility without complying with the insurance coverage and administrative requirements herein shall constitute an emergency. Upon such emergency, the Township reserves the authority to revoke the permit of any wireless communications facility for failure to comply with the insurance coverage and administrative requirements herein.

F. Minimum Insurance Requirements. Each person that owns or operates a tower-based, non-tower, or small wireless communications facility shall maintain the following minimum insurance coverages:

(1) Worker’s compensation and employers liability policy, covering operations in Pennsylvania. Waiver of subrogation to be included with documentation provided to the Township Secretary.

(2) Commercial general liability policy, with limits of no less than $1,000,000 each occurrence, per WCF location and $2,000,000 general aggregate, per WCF location, with limits for bodily injury and property damage, and shall include the following coverages and endorsements:

(a) Premises and operations;

(b) Products/completed operations;

(c) Independent contractors;

(d) Personal and advertising injury;

(e) Blanket contractual liability;

(f) Explosion, collapse, underground liability (XCU);

(g) Township of Smithfield and their assigns, officers, employees, volunteers, representatives and agents should be named as an “additional insured” on the policy using ISO Additional Insured Endorsement CG 20 10 11/85 or an endorsement providing equivalent or broader coverage and shall apply on a primary and noncontributory basis, including any self-insured retentions;

(h) The certificate of insurance should show this applies to the general liability coverage on the certificate, and additional insured endorsement shall be attached;

(i) To the extent permitted by Pennsylvania law, each person that owns, operates, or removes a tower-based, non-tower, or small wireless communications facility waives all rights of subrogation or similar rights against the Township of Smithfield, assigns, officers, employees, volunteers, representatives and agents;

(j) Cross liability coverage (commercial general liability and business automobile liability policies only);

(k) Coverage must be written on an Occurrence Policy Form;

(l) No deductible or self-insured retention should exceed $50,000.

(3) Comprehensive automobile policy, with limits of no less than $1,000,000. Bodily injury and property damage liability including coverage for owned, any auto nonowned, and hired private passenger and commercial vehicles. The Township of Smithfield and their assigns, officers, employees, representatives and agents should be named as an “additional insured” on the policy. The certificate of insurance should show this applies to the automobile liability coverage on the certificate, and additional insured endorsement shall be attached. To the extent permitted by Pennsylvania law, each person that owns, operates, or removes a tower-based, non-tower, or small wireless communications facility waives all rights of subrogation or similar rights against the Township of Smithfield, assigns, officers, employees, representatives and agents. Coverage must apply on a primary and noncontributory basis.

(4) Umbrella liability, with limits of no less than $5,000,000 each occurrence per WCF location and $5,000,000 general aggregate per WCF location, including coverage for general liability, automobile, worker’s compensation. Coverage must be written on an Occurrence Policy Form and include provisions “G” and “H.”

(5) Professional liability (if applicable), with limits no less than $1,000,000 per claim.

G. Increasing the Minimum Insurance Requirements. The minimum insurance requirements specified herein may be increased upon the review and determination of the Township Board of Supervisors.

H. Notice Prior to Cancellation or Expiration of Insurance. The certificate(s) of insurance shall provide that 30 days’ written notice prior to cancellation or expiration be given to the Township Secretary via U.S. Postal Mail. Insurance policies that lapse and/or expire during term of work shall be recertified and received by the Township Secretary no less than 30 days prior to expiration or cancellation of the respective policy.

I. Requirement to Indemnify and Hold Harmless. Each person that owns or operates a tower-based WCF, a non-tower WCF, or a small WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of each of its WCF.

J. Requirement to Defend. Each person that owns or operates a tower-based WCF, a non-tower WCF, or a small WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of each of its WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys’ fees, reasonable expert fees, court costs, and all other costs of indemnification.

K. Indemnification and Hold Harmless Agreement Requirement. Prior to the initial commencement of any construction, operation, or removal, each person that owns, operates, or removes a tower-based, non-tower, or small wireless communications facility shall furnish an “Indemnification and Hold Harmless Agreement” to the Township Secretary.

9. Miscellaneous.

A. Police Powers. The Township, by granting any permit or taking any other action pursuant to this Chapter, does not waive, reduce, lessen or impair the lawful police powers vested in the Township under applicable Federal, State and local laws and regulations.

B. Severability. If any section, subsection, sentence, clause, phrase or word of this Section is for any reason held illegal or invalid by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision, and such holding shall not render the remainder of this Chapter invalid.

C. Effective Date. This Section shall become effective five days after enactment by the Township Board of Supervisors of Smithfield Township.

§ 27-513 Solar Energy Systems.

[Added by Ord. No. 249, 3/27/2023]

1. Accessory Solar Energy Systems (ASES).

A. Criteria Applicable to All Accessory Solar Energy Systems:

(1) ASES shall be permitted as a use by right in all zoning districts.

(2) The ASES layout, design, installation, and ongoing maintenance shall conform to applicable industry standards as updated, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electrical Testing Laboratory (ETL), National Electrical Code (NEC), or other similar certifying organizations, and shall comply with the PA Uniform Construction Code, and with all other applicable fire and life safety requirements.

Upon completion of installation, the ASES shall be maintained in good working order in accordance with standards of the codes under which the ASES was constructed. Failure of the property owner to maintain the ASES in good working order is grounds for appropriate enforcement actions by Smithfield Township in accordance with applicable ordinances.

(3) All on-site utility, connection lines, and conduit and wiring shall be placed underground.

(4) Glare.

(a) All ASES shall be placed such that concentrated solar radiation or glare does not project onto nearby structures or roadways. Exterior surfaces shall have a nonreflective finish.

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

(5) Decommissioning.

(a) Each ASES and all solar-related equipment shall be removed within 12 months of the date when the use has been discontinued or abandoned by the system owner and/or operator, or upon termination of the useful life of same.

(b) The ASES shall be presumed to be discontinued or abandoned if no electricity is generated by such solar collector for a period of 12 continuous months.

(c) The ASES owner shall, at the request of the Township, provide information concerning the amount of energy generated by the ASES in the last 12 months.

(6) Zoning/building permit applications shall document compliance with this section and other applicable sections of the Smithfield Township Code.

B. Roof-Mounted and Wall-Mounted Accessory Solar Energy Systems:

(1) A roof-mounted or wall-mounted ASES may be located on a principal or accessory building.

(2) The total height of a building with an ASES shall not exceed more than three feet above the maximum building height specified for principal or accessory buildings within the applicable zoning district.

(3) Wall-mounted ASES shall comply with the setbacks for principal and accessory structures in the underlying zoning district.

(4) Solar panels shall not extend beyond any portion of the roof edge.

(5) For roof- and wall-mounted systems, the applicant shall provide evidence that the plans comply with the Uniform Construction Code, including that the roof or wall is capable of holding the load imposed on the structure.

C. Ground-Mounted Accessory Solar Energy Systems:

(1) Setbacks.

(a) The minimum yard setbacks from property lines shall be equivalent to the accessory structure setback in the applicable zoning district.

(2) Height. Ground-mounted ASES shall comply with the height limits of the underlying zoning district.

(3) Stormwater Management.

(a) Stormwater runoff from an ASES shall be managed in accordance with the requirements of the Smithfield Township Stormwater Management Ordinance.[1]

[1] Editor's Note: See Ch. 26, Water, Part 2, Stormwater Management.

(b) Where solar panels are mounted above the ground surface allowing for vegetation below the panels, the horizontal area of the panel may be considered a disconnected impervious area ("DIA") and, therefore, will have no increase from the predevelopment to post-development runoff coefficient. The horizontal area of the panel can only be considered a DIA if the following conditions apply:

1) Where natural vegetative cover is preserved and/or restored utilizing low-impact construction techniques from the Pennsylvania Department of Environmental Protection's Stormwater Best Management Practices Manual, including, but not limited to, the following: minimizing the total disturbed area, minimizing soil compaction in disturbed areas, and revegetating and reforesting disturbed areas using native species.

2) Where the vegetative cover has a minimum uniform 70% perennial vegetative cover with a density capable of resisting accelerated erosion and sedimentation.

a) For panels located on slopes of 0% to 15%, a minimum four-inch height of vegetative cover shall be maintained.

b) Panels located on slopes greater than 15% cannot be considered DIA.

c) The Township strongly discourages the use of chemical fertilizers and pesticides, though any use of such substance shall be in accordance with an approved erosion and sediment control plan.

d) 

Agrivoltaics, the co-development of the same area of land for both solar photovoltaic power and conventional agriculture, may be used, provided that:

[1] Only shade-tolerant crops may be used;

[2] Crops must be no-tilled in;

[3] A written erosion and sediment control plan must be developed for agricultural plowing or tilling activities or a portion of the overall farm conservation plan must identify BMPs used; and

[4] Application of chemical fertilization or herbicides/pesticides is strongly discouraged by the Township and limited to the agronomic needs of the crop(s).

3) Where the solar panels within a solar array arranged in a fashion that:

a) Allows the passage of runoff between each solar panel, thereby minimizing the creation of concentrated runoff.

b) Allows for the growth of vegetation beneath the panel and between the solar arrays.

(c) The horizontal area of any solar panel or solar array that cannot meet all the conditions to be considered DIA shall be treated as impervious area. These areas shall be included in the predevelopment to post-development runoff analysis as impervious area to determine the need for post-construction stormwater management ("PCSM") best management practices.

1) Use of gravel is permissible under a panel or in the receiving downhill flow path; however, the use of gravel would not allow the horizontal area of the solar panel or solar array to be considered as a DIA.

2) All impervious areas associated with the ASES, such as roadways and support buildings, cannot be considered a DIA and shall follow normal protocols when performing the PCSM stormwater analysis.

(4) Buffering.

(a) Ground-mounted ASES shall be buffered from any adjacent residential uses by a buffer yard of at least 30 feet. Such buffer yard shall be part of the commercial installation and shall be parallel and adjacent to the boundary.

(b) Ground-mounted ASES shall be buffered from any adjacent agricultural uses by a buffer yard of at least 15 feet. Such buffer yard shall be part of the commercial installation and shall be parallel and adjacent to the boundary.

(c) Ground-mounted ASES shall be buffered from any other adjacent uses by a buffer yard of at least 20 feet. Such buffer yard shall be part of the commercial installation and shall be parallel and adjacent to the boundary.

(d) Ground-mounted ASES larger than one acre shall be subject to the buffer requirements of solar energy facilities, as demonstrated in Subsection 2B(6), Buffering.

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

(6) Ground-mounted ASES shall not be placed within any legal easement or right-of-way location or be placed within any stormwater conveyance system, unless the applicant can demonstrate, to the satisfaction of the Township, that the ASES will not impede stormwater management, or in any other manner alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system.

2. Solar Energy Facility (SEF).

A. Criteria Applicable to All SEFs:

(1) The SEF layout, design and installation shall conform to good industry practice. "Good industry practice" shall mean the practices, methods, standards, and acts (engaged in or approved by a significant portion of the solar power industry for similar facilities in similar geographic areas that are similar in size and complexity), as the same may change from time to time, that, at a particular time, in the exercise of reasonable professional judgment in light of the facts known at the time a decision was made, would have been expected to accomplish the desired result in a manner consistent with applicable law, regulation, codes, good business practices, reliability, safety, environmental protection, economy, and expedition, and shall comply with the PA Uniform Construction Code and with all other applicable fire and life safety requirements.

(2) The application shall include a construction transportation plan that shows all roadways that will be utilized to access the site, which shall be forwarded to the municipality for review.

(3) DC voltage solar array connections may be located above ground.

(4) AC solar facility connections should be located underground where feasible. AC solar facility connections may be located above ground where the applicant can demonstrated to the satisfaction of the Planning Commission that the overall environmental impacts would support aboveground location.

(5) Solar project connections may be located above ground.

(6) No portion of the SEF shall contain or be used to display advertising. The manufacturer's name and equipment information or indication of ownership shall be allowed on any equipment of the SEF, provided it complies with the prevailing sign regulations.

(7) Noise Management.

(a) A noise management plan that addresses noise produced during construction and during the facilities' operation, to be approved by the Planning Commission, shall be included with the SALDO application.

(b) The plan, at a minimum, shall separately address noise during construction and facility operations and include mitigation and assessment of the noise that will emulate at the perimeter fence and the contact information for the individual who is responsible for implementation and compliance both during construction and operations.

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

(d) During operation of the SEF, audible sound shall not exceed a maximum of 60 dBA during daytime hours and 55 dBA during nightime hours, as measured at the exterior of any occupied building on a nonparticipating landowner's property.

(8) Glare.

(a) All SEFs shall be placed such that concentrated solar radiation or glare does not project onto nearby structures or roadways. Exterior surfaces shall have a nonreflective finish.

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

(9) The SEF owner and/or operator shall maintain a phone number and identify a person responsible for the public to contact with inquiries and complaints throughout the life of the project and provide this number and name to the Township. The SEF owner and/or operator shall make reasonable efforts to respond to the public's inquiries and complaints.

(10) Decommissioning.

(a) The SEF owner is required to notify the Township immediately upon cessation or abandonment of the operation. The SEF shall be presumed to be discontinued or abandoned if no electricity is generated by such system for a period of 12 continuous months.

(b) The SEF owner shall then have 18 months in which to dismantle and remove the SEF, including all solar-related equipment or appurtenances related thereto, including, but not limited to, buildings, cabling, electrical components, roads, foundations, solar facility connections and other associated facilities, in accordance with agreements with landowners and good industry practice.

(c) To the extent possible, the materials shall be resold or salvaged. Materials that cannot be resold or salvaged shall be disposed of at a facility authorized to dispose of such materials by federal or state law.

(d) Any soil exposed during the removal shall be stabilized in accordance with applicable erosion and sediment control standards.

(e) Any access drive paved aprons from public roads shall remain for future use unless directed otherwise by the landowner.

(f) The SEF site area shall be restored to its preexisting condition, suitable for its prior use, except the landowner may authorize, in writing, any buffer landscaping or access roads installed to accommodate the SEF to remain.

(g) Any necessary permits, such as erosion and sedimentation and NPDES permits, shall be obtained prior to decommissioning activities.

(h) At the time of issuance of SALDO approval for the construction of the SEF, the owner shall provide financial security, in the form and amount acceptable to the Board of Supervisors and in favor of the Board of Supervisors, to secure its obligations under this section.

1) The SEF developer shall, at the time of the SALDO application, provide Smithfield Township with an estimate of the cost of performing the decommissioning activities required herein. The solar energy project owner shall provide financial security of 110% of the estimated cost of decommissioning. The estimate may include an estimated salvage and resale value, discounted by a factor of 10%. The decommissioning cost estimate formula shall be: gross cost of decommissioning activities minus 90% credit of salvage and resale value equals the decommissioning cost estimate.

2) On every fifth anniversary of the date of providing the decommissioning financial security, the SEF owner shall provide an updated decommissioning cost estimate, utilizing the formula set forth above, with adjustments for inflation and cost and value changes. If the decommissioning security amount increases, the SEF owner shall remit the increased financial security to Smithfield Township within 30 days of the approval of the updated decommissioning security estimate by Smithfield Township. If the decommissioning security amount decreases by greater than 10%, Smithfield Township shall release from security any amounts held in excess of 110% of the updated decommissioning cost estimate.

3) Decommissioning security estimates shall be subject to review and approval by the Board of Supervisors, and the SEF developer/owner shall be responsible for administrative, legal, and engineering costs incurred by Smithfield Township for such review.

4) The decommissioning security may be in the form of cash deposit, surety bond, irrevocable letter of credit, cashier's check, or escrow account from a federal or commonwealth-chartered lending institution in the amount of 110% of the total proposed decommissioning cost estimate and in a form satisfactory to the Board of Supervisors and the Township Solicitor.

5) Prior to final approval of any SALDO plans for an SEF, the SEF developer shall enter into a decommissioning agreement with Smithfield Township outlining the responsibility of the parties under this agreement as to the decommissioning of the SEF.

(11) An emergency response plan shall be included with the SALDO application.

(12) Permit Requirements.

(a) The SEF shall comply with the Township's subdivision and land development requirements through submission of a land development plan.

(b) The installation of an SEF shall be in compliance with all applicable permit requirements, codes, and regulations, including highway occupancy, driveway permits and road bonding requirements.

(c) The SEF owner and/or operator shall repair, maintain and replace the SEF and related solar equipment during the term of the permit in a manner consistent with industry standards as needed to keep the SEF in good repair and operating condition.

B. Ground-Mounted Principal Solar Energy Systems:

(1) SEF development area is equal to the total acres of land subject to lease by the SEF developer. Where the area of land subject to the lease is greater than 75% of the parcel, the entire parcel will be considered to be SEF development area.

(2) Solar Array Locations:

(a) Solar arrays may be located only on 75% of the total Class I and II agricultural soils within the SEF development area, unless the area will be devoted to agrivoltaic activities, in which case 100% of the Class I and II soils may be included in the SEF development area.

(b) For each parcel on which an SEF or a component of an SEF is proposed, a map shall be provided by the applicant detailing the SEF development area, the constrained area, the Class I and II agricultural soils, and the portion of the SEF development that may be devoted to solar arrays.

(c) Solar arrays shall only be placed within that portion of any lot that lies within the portion of the SEF development that may be devoted to solar arrays.

(d) Solar arrays shall not be located in:

1) Floodways, as identified in the FEMA FIRM mapping.

2) Regulated natural and man-made drainage corridors, extending 25 feet from the center line of any such drainage feature, unless the Board of Supervisors, at SALDO approval, determines a lesser setback would create less impact to the overall project.

3) Wetlands. Development may occur on any wetland area of less than one acre if the Board of Supervisors, at SALDO approval, determines the development of that area would create less impact to the overall project. Any such development in a wetland must receive the required approval of the Pennsylvania Department of Environmental Protection and/or the United States Army Corps of Engineers.

4) Wetlands buffer, extending 25 feet from any wetland, unless the Board of Supervisors, at SALDO approval, determines the development of that area would create less impact to the overall project.

5) Slopes in excess of 15%, unless the Board of Supervisors, at SALDO approval, determines location in an area in excess of 15% would create less impact to the overall project.

6) Wooded areas primarily devoted to mature trees in excess of two acres that would require removal of greater than 20% of mature trees, unless the Board of Supervisors, at SALDO approval, determines greater tree removal would create less impact to the overall projects. For the purpose of this clause, brushes and shrubs are not considered trees.

7) Road rights-of-way.

8) Setback areas, as defined in the underlying zoning district.

(3) Setbacks.

(a) The fence as required by Subsection 2B(8), Security, below shall be considered a principal structure for purposes of setbacks. Minimum setbacks shall be in accordance with the zoning district requirements. Where an SEF is adjacent to a residential district, a minimum setback of 50 feet from any residential district shall be required.

(b) No lot line setback will be required where there is a grouping of two or more solar energy facilities which are held by a common owner or leased to a common lessor and which are part of a single solar energy production development project, where each landowner has provided a written waiver of the lot line setback.

(c) The application shall include with the project submission details of mitigation measures to be implemented to preserve wildlife corridors, including between solar energy facilities of a solar energy project.

(d) A minimum of a twenty-five-foot buffer shall be maintained along either side of any regulated stream or regulatory wetland.

(4) Height.

(a) All SEF components shall comply with the underlying district's maximum height requirement.

(b) There is no maximum height restrictions for structures that support solar facility connections and solar project connections.

(5) Stormwater Management.

(a) Stormwater runoff from an SEF shall be managed in accordance with the requirements of the Smithfield Township Stormwater Management Ordinance.[2]

[2] Editor's Note: See Ch. 26, Water, Part 2, Stormwater Management.

(b) Where solar panels are mounted above the ground surface allowing for vegetation below the panels, the horizontal area of the panel may be considered a disconnected impervious area ("DIA") and, therefore, will have no increase from the predevelopment to post-development runoff coefficient. The horizontal area of the panel can only be considered a DIA if the following conditions apply:

1) Where natural vegetative cover is preserved and/or restored utilizing low-impact construction techniques from the Pennsylvania Department of Environmental Protection's Stormwater Best Management Practices Manual, including, but not limited to, the following: minimizing the total disturbed area, minimizing soil compaction in disturbed areas, and revegetating and reforesting disturbed areas using native species.

2) Where the vegetative cover has a minimum uniform 70% perennial vegetative cover with a density capable of resisting accelerated erosion and sedimentation.

a) For panels located on slopes of 0% to 15%, a minimum four-inch height of vegetative cover shall be maintained.

b) Panels located on slopes greater than 15% cannot be considered DIA.

c) The Township strongly discourages the use of chemical fertilizers and pesticides, though any use of such substance shall be in accordance with an approved erosion and sediment control plan.

d) 

Agrivoltaics may be used, provided that:

[1] Only shade-tolerant crops may be used;

[2] Crops must be no-tilled in;

[3] A written erosion and sediment control plan must be developed for agricultural plowing or tilling activities or a portion of the overall farm conservation plan must identify BMPs used;

[4] Any grazing, cutting or mowing of the agricultural crop is limited to a height of no less than four inches;

[5] Application of chemical fertilization or herbicides/pesticides is limited to the agronomic needs of the crop(s); and

[6] If the property will be used for the grazing of livestock, a manure management plan must be developed.

3) Where the solar panels within a solar array are arranged in a fashion that:

a) Allows the passage of runoff between each solar panel, thereby minimizing the creation of concentrated runoff.

b) Allows for the growth of vegetation beneath the panel and between the solar arrays.

(c) The horizontal area of any solar panel or solar array that cannot meet all the conditions to be considered DIA shall be treated as impervious area. These areas shall be included in the predevelopment to post-development runoff analysis as impervious area to determine the need for post-construction stormwater management ("PCSM") best management practices.

1) Use of gravel is permissible under a panel or in the receiving downhill flow path; however, the use of gravel would not allow the horizontal area of the solar panel or solar array to be considered as a DIA.

2) All impervious areas associated with the ASES, such as roadways and support buildings, cannot be considered a DIA and shall follow normal protocols when performing the PCSM stormwater analysis.

(6) Buffering. Ground-mounted SEFs shall be screened and buffered in accordance with the following standards:

(a) Vegetative buffering, to the extent practical, shall be installed around the entire perimeter of the SEF installation, except where the Commissioners determine that the retention of existing trees within the vegetative buffering area may constitute the required vegetative buffer or where the Board of Supervisors determines that the solar panels cannot be viewed from a public roadway or residential building.

(b) The vegetative buffering shall be installed along the exterior side of the fencing. All required vegetative buffering shall be located within 50 feet of the required fencing.

(c) Vegetative buffering should be designed to emulate the mix of native species and appearance of existing tree lines, hedgerows, and wooded areas already in existence within the landscape where the SEF is proposed. The applicant shall assess the species mix and characteristics found in existing tree lines, hedgerows, and wooded areas surrounding the SEF and document that the vegetative buffering is designed to emulate these characteristics. Arborvitae may be used as vegetative buffering.

(d) No less than 20% of vegetative buffering plantings shall be pollinator-friendly species.

(e) Vegetative buffering shall be selected to provide year-round buffering and shall be of sufficient height, density, and maturity to screen the facility from visibility, as set forth herein, within 36 months of the installation of the SEF.

(f) A combination of natural topography and vegetation can serve as a buffer, provided that the SEF will not be visible from public roads, public parks or existing residences on surrounding properties. Earthen berms may not be created to serve as a buffer.

(g) Visibility of an SEF shall be determined as visible in a photograph taken at a point with a digital camera with an APS-C sensor and a 35 mm focal length lens. An SEF shall be considered to not be visible provided that no more than 5% of the SEF shall be visible in accordance with the measure of visibility set forth above.

(h) The buffering requirements of this section shall supersede the provisions of the Smithfield Township Zoning Ordinance and Subdivision and Land Development Ordinance as they may pertain to SEFs.[3]

[3] Editor's Note: See Ch. 27, Zoning, and Ch. 22, Subdivision and Land Development.

(7) Ground-mounted SEFs shall not be placed within any legal easement or right-of-way location or be placed within any stormwater conveyance system.

(8) Security.

(a) All ground-mounted SEFs shall be completely enclosed by a minimum eight-foot-high fence and a self-locking gate as deemed appropriate by the Board of Supervisors at land development plan approval.

(b) A clearly visible warning sign shall be placed at the base of all pad-mounted transformers and substations and on the fence on or surrounding the SEF informing individuals of potential voltage hazards.

(9) Access.

(a) At a minimum, a fourteen-foot-wide stabilized access road must be provided from a state or Township roadway to the SEF site that is maintained in a dust-free condition. The SEF developer shall obtain a permit from the appropriate jurisdiction for the construction of the access road.

(b) At a minimum, a twenty-foot-wide cartway shall be provided on the inside of the perimeter fencing between the fence and solar array.

(c) Spacing between solar array rows shall allow access for maintenance vehicles and emergency vehicles.

(d) Access to the SEF shall comply with the municipal access requirements in the Subdivision and Land Development Ordinance.[4]

[4] Editor's Note: See Ch. 22, Subdivision and Land Development.

(10) The ground-mounted SEF shall not be artificially lighted except to the extent required for safety or applicable federal, state, or local authority.

C. Roof- and Wall-Mounted Principal Solar Energy Facility:

(1) For roof- and wall-mounted systems, the applicant shall provide evidence that the plans comply with the Uniform Construction Code, including that the roof or wall is capable of holding the load imposed on the structure.

(2) The total height of a building with a roof- or wall-mounted system shall not exceed more than three feet above the maximum building height specified for principal or accessory buildings within the applicable zoning district.

(3) Roof- and wall-mounted principal solar energy facilities are permitted in any zoning district where the building upon which they will be mounted is a permitted use.