Township of Lower Mount Bethel, PA Part 15 SUPPLEMENTARY REGULATIONS

§ 27-1501 Statement of Intent; Scope; Applicability.

[Ord. No. 2022-02, 7/11/2022]

This Part establishes supplemental controls for uses and structures requiring special design considerations to ensure compatibility with other uses permitted within a zoning district. The following regulations shall apply to all zoning districts in which the particular use or structure being regulated is permitted. The provisions of this Part shall be in addition to the standards established by the applicable zoning district, conditional use or special exception procedures where applicable, and any other applicable provision of this or other codes or ordinances.

§ 27-1502 Accessory Agricultural Commercial Uses or Agritourism.

[Ord. No. 2022-02, 7/11/2022]

1. Accessory agricultural commercial uses or agritourism (hereinafter referred to as "Agritourism Use") as defined in Part 2 shall be permitted, where approved as a conditional use, in the AP or I zoning districts on properties of 50 acres or more, subject to the following standards.

A. Hours of Operation. The hours of operation for any agritourism use shall be limited to the hours of 9:00 a.m. Eastern Standard or Daylight Time to 10:00 p.m. Eastern Standard or Daylight Time, as applicable.

B. Indoor vs. Outdoor Venues/Locational Restrictions.

(1) An agritourism use may operate outdoors or in temporary tents or canopies not less than 200 feet from any property line and 300 feet from any residential structure on any other property.

(2) An agritourism use may utilize structures located not less than 50 feet from any property line and 150 feet from any residential structure on any other property.

(3) The Township may require at the time of conditional use application that a professional structural engineer registered in the State of Pennsylvania review the structural capacity of structures proposed for any indoor agritourism use according to the proposed maximum occupancy and submit to the Township the results of the review along with any recommended design to accommodate the proposed maximum occupancy.

C. Vehicular Access, Traffic Control and Parking.

(1) Applicant shall demonstrate, at the time of conditional use application, that any agritourism use hosting more than 100 persons shall have adequate traffic control including persons directing traffic entering and leaving the agritourism use. The State Police shall be notified of the character and timing of the agritourism use upon approval of conditional use.

(2) Applicant shall demonstrate, at the time of conditional use application, that adequate parking is available. In addition to meeting the minimum parking requirements of this chapter for the applicable host property, there shall be: one space for each employee and one space for each two persons anticipated to attend any agritourism use.

(3) Parking on grass or temporarily mowed meadows or fields absent of steep slopes, floodplain, wetlands, or riparian buffers may be permitted for an event. Paved parking on prime agricultural soils shall only be permitted to provide for required access and handicapped parking, except where existing at the time of application. Parking areas shall be substantially screened from view from residential structures within 300 feet on any other property and from view of the Delaware River Valley Scenic Byway where applicable, pursuant to § 27-1408.

(4) Vehicular access to any agritourism use shall not involve access via a driveway shared with any other property owner. Any access shall require PennDOT approval where applicable.

(5) Plans for vehicular access and parking areas shall be submitted to the Township for review and comment at least two weeks prior to the scheduled conditional use hearing.

D. Noise Control.

(1) Applicant shall agree that all applicable Township noise regulations shall be complied with as a condition of conditional use approval.

(2) The Board of Supervisors may require that any outdoor component of any agritourism use be limited to sound amplification for a public address system used for normal voice amplification where within 300 feet of any residential structure on any other property. Where applicable, acoustical music may be permitted outdoors.

(3) Indoor music, public address systems, and entertainment may be amplified where entirely enclosed in an existing structure.

E. Water and Sewer Service. At the time of conditional use application, the applicant shall present documentation which shall be satisfactory to the Township that adequate water supply shall be provided and that existing sewage disposal system(s) shall be adequate to accommodate the increased flows from any agritourism use, as well as the availability of sufficient backup area on the lot in accordance with applicable Pennsylvania DEP standards and regulations. If the system(s) is/are not adequate for the proposed use, the applicant shall demonstrate that portable facilities shall adequately be used to service the agritourism use.

F. Landowner(s) and/or sponsor(s) of any agritourism use shall comply with all federal, state and local requirements for the preparation, handling and serving of food and beverages (including any permits required for alcoholic beverages).

G. The landowner or sponsor shall comply with all other applicable Township codes and regulations and applicable federal and state laws and requirements, including, but not limited to, Fire, Health, Plumbing and Building Codes.

H. Impact Assessment. The Township may require that the conditional use application include the submission of an impact assessment report which shall evaluate the potential negative impacts the proposed agritourism use may have on the surrounding neighborhood and residential uses, with respect to such matters as parking, noise, lighting, views and anything else in the neighborhood which would be affected by the proposed use. The assessment report shall demonstrate how the potential negative impacts will be mitigated to normal levels experienced for uses permitted by right in the underlying zoning district of the subject property.

I. Support Services Costs. As part of the conditional use application, the Township may require the applicant to provide an itemized cost estimate for support services from police, fire, ambulance, and any other applicable personnel where any agritourism use may host more than 100 persons. Where the agritourism use or multiple agritourism uses are operated on an ongoing basis rather than individual short-term uses or events hosting more than 100 persons, the applicant shall provide such cost estimate(s) on an annualized basis.

(1) The landowner or sponsor operating any agritourism use shall be responsible to the Township for damages sustained to public property caused by participants during the event. Such additional costs and expenses shall be paid to the Township by the landowner or sponsor within five days of receipt of a bill.

(2) The landowner or sponsor also shall be responsible for the cost of any support services required, at the sole discretion of the township, to address specific unanticipated circumstances occurring in the course of the operation of the agritourism use or where the nature of the use is not consistent with the agritourism use as approved as a conditional use. Such unanticipated circumstances may include, but are not limited to, crowd control and emergency response. Such additional costs and expenses shall be paid to the Township by the landowner or sponsor within five days of receipt of a bill. The Township shall remit appropriate funds from such payment to other impacted providers of support services.

(3) No later than 10 days prior to commencement of a specific agritourism use or at the time of issuance or renewal of the annual use and occupancy certificate in the case of ongoing agritourism use(s), the landowner or sponsor shall provide financial security in a form acceptable to the township in an amount equal to 100% of the estimated costs associated with necessary support services.

(4) At the close of any specific agritourism use or at the time of renewal of the annual use and occupancy certificate in the case of ongoing agritourism use(s), the actual cost of the support services, including services arising for unanticipated circumstances, shall be calculated and either additional payment made to the Township within five days or excess security released by the Township to the landowner or sponsor.

(5) The Township may, upon showing of good cause that certain conditions or requirements as herein set forth are not applicable or would cause an unreasonable burden upon the landowner or sponsor, modify the foregoing requirements after review of the circumstances presented by the applicant for conditional use approval or landowner or sponsor.

J. Annual Use and Occupancy Certificate.

(1) Upon compliance with all of the requirements of this section and § 27-1704 of this chapter, the Township zoning officer shall be authorized to issue a use and occupancy certificate which shall be valid for a period of one year, unless revoked sooner for violation of any of the provisions of this chapter. The use and occupancy certificate may be renewed annually, provided that the Township has inspected the facilities utilized by the agritourism use(s) and found them to be in compliance with the provisions of this section, and any required fees for such use and occupancy certificate that may be adopted by resolution of the Board of Supervisors have been paid. In the event that the Township zoning officer determines a violation to exist, the use and occupancy certificate shall not be renewed until the violation is remedied.

(2) The landowner or sponsor shall be responsible for any professional fees incurred by the Township associated with the review, approval and operation of the agritourism use(s), including, but not limited to, fees billed by the Township solicitor and Township engineer. The Township shall be reimbursed for applicable fees prior to or at the time of issuance or renewal of the annual use and occupancy certificate.

§ 27-1503 Accessory Dwelling.

[Ord. No. 2022-02, 7/11/2022]

1. One accessory dwelling unit may be permitted on the lot of a principal residence, whether a single-family detached dwelling, a two-family detached dwelling, a single-family semi-detached dwelling, or a single-family attached dwelling (townhouse), in compliance with the following standards.

A. The accessory dwelling unit shall be physically part of or connected to the principal residence, including via an overhead breezeway, or shall be a converted detached structure existing as of August 7, 2010, on the same lot, which conforms to the applicable front, side, and rear yard setback requirements.

B. Where pre-existing dwellings defined pursuant to Subsection 1.B. and/or residential conversion of agricultural structures existing as of August 7, 2010, as provided in § 27-1513 are permitted and located on the same lot as a principal single-family detached dwelling, or a lot retaining the right to construct a new principal single-family detached dwelling, no additional accessory dwelling units shall be permitted.

C. Accessory dwelling units shall not be permitted when an apartment dwelling unit is the principal residence.

D. No accessory dwelling units shall be less than 600 square feet in area, excluding the area of any connecting structure or overhead breezeway if applicable.

E. The accessory dwelling unit shall share the same sewage disposal and water supply systems as the principal residence. An accessory dwelling unit served by public sewer facilities shall be subject to the rules and regulations of the applicable authority. An accessory dwelling unit served by an on-lot sewage disposal system shall be subject to approval by the Lower Mount Bethel Township sewage enforcement officer.

F. A minimum of one off-street parking space shall be provided for the accessory dwelling unit in addition to the off-street parking spaces required for the principal residence.

G. The landowner shall submit documentation on how the accessory dwelling unit will be removed or incorporated into the floor plan of the principal residence, or how the accessory dwelling unit will be removed from a detached building, if the accessory dwelling unit is discontinued or abandoned. The landowner or applicant shall submit a bond satisfactory to the Township to cover the costs of removal as necessary.

H. The accessory dwelling unit shall be occupied by a maximum of three persons.

§ 27-1504 Adult Commercial Use.

[Ord. No. 2022-02, 7/11/2022]

1. Any adult commercial use shall comply with the following standards.

A. No more than one adult commercial use shall be permitted in any structure.

B. No adult commercial use shall be located within 1,000 linear feet, measured from the closest property line of the adult commercial use, to the closest property line of any other adult commercial use, or 500 lineal feet from any property in use as a residential, school, park, place of worship, or child day-care facility.

C. No adult commercial use shall be allowed in combination with the sale of alcoholic beverages.

D. All adult commercial use displays and storage shall be located completely within an enclosed structure or portion thereof that is used as an adult commercial use.

E. All adult commercial use transactions and activities conducted on the premises shall occur within an enclosed structure.

F. Any private viewing booths within the adult commercial use shall be completely enclosed and limited to one person per booth.

G. No adult commercial use may include live actual or simulated sex acts.

H. No adult commercial use shall be open to conduct business other than between 9:00 a.m. and 9:00 p.m.

I. In addition to other applicable Township and state laws and regulations, the following shall apply to all adult commercial use signs and other visible messages:

(1) Sign messages shall be limited to written descriptions of the materials and/or services available on the premises;

(2) Sign messages shall not contain any graphic or pictorial depiction of materials and/or services available on the premises;

(3) Advertisements, displays, or other promotional materials related to specific sexual activities or anatomical areas shall not be shown or exhibited so as to be visible from the exterior of the structure;

(4) All entrances to an adult commercial use shall include a warning sign indicating that the premises are classified as an adult commercial use.

J. Should any adult commercial use cease or discontinue operation for a period of six months, it shall not resume, nor may it be replaced by another adult commercial use unless said use complies with all the requirements of this section.

K. Nothing in this chapter shall be deemed to allow any uses that are "obscene" as that term has been interpreted from time to time by the courts of the United States or the Commonwealth of Pennsylvania.

§ 27-1505 Animal Shelter, Animal Hospital, Veterinary Office or Clinic, Kennel or Boarding Kennel.

[Ord. No. 2022-02, 7/11/2022]

1. Any animal shelter, animal hospital, veterinary office or clinic, kennel or boarding kennel shall comply with the following standards, as applicable.

A. Every animal shelter, animal hospital, veterinary office or clinic, kennel or boarding kennel shall be licensed by the Commonwealth of Pennsylvania and shall comply with all applicable state statutes and regulations. The Pennsylvania Department of Agriculture is responsible for the health and welfare of the animals.

B. All buildings with outdoor runs shall be set back at least 200 feet from all lot lines.

C. Buildings that are fully enclosed without outdoor runs shall be set back a minimum of 50 feet from all lot lines.

D. Outdoor exercise areas and runs shall be entirely fenced and screened from view of nearby residential properties and the Delaware River Valley Scenic Byway where applicable, and shall only be used between the hours of 7:00 a.m. and 9:00 p.m. Animals shall be permitted outdoors only under caretaker supervision. At all other times, animals shall be kept inside with all doors and windows closed.

E. All structures housing animals shall be adequately soundproofed, including, but not limited to, wall insulation and ceiling insulation, so that sound generated within the structure cannot be heard beyond the lot lines of the property containing the kennel.

F. All animal waste shall be picked up from outside areas at least three times daily and placed in closed, sealed containers. All waste shall be removed from the premises weekly for proper lawful disposal, or shall be processed and disposed of in on-site facilities which are approved by the zoning and sewage enforcement officers.

G. All organic waste, including materials from grooming, clipping and/or other procedures performed on the animals, shall be disposed of in accordance with the applicable rules of the appropriate governing authorities having jurisdiction over such activities, and all state and federal statutes and regulations.

H. The sale of related products shall remain accessory to the animal shelter, animal hospital, veterinary office or clinic, kennel or boarding kennel and comprise no more than 25% of the floor area of the principal building.

I. There shall be no outdoor storage of materials whatsoever.

§ 27-1506 Automobile Service or Gas Station.

[Ord. No. 2022-02, 7/11/2022]

1. Any automobile service or gas station, or convenience store selling fuel, shall comply with the following standards.

A. All gasoline pump dispensers and automobile window washing materials shall be situated on raised islands, shall be covered by a gas station canopy, and shall be illuminated by overhead lighting during non-daylight hours in conformance with Subsection 1.O. below.

B. All gasoline pump dispensers and the gas station canopy covering such dispensers shall be set back at least 50 feet from the legal right-of-way line of all abutting streets. Along lot lines not abutting a street, yard area setbacks otherwise applicable to principal structures shall apply to the canopy structures. All gasoline pumps and canopies shall be arranged to provide for movement of vehicles around the gasoline pumps and awaiting vehicles such that sufficient area exists for expected lines of vehicles awaiting fueling within the property line. Stacking of vehicles shall not be permitted on public streets.

C. All ventilation equipment associated with fuel storage tanks shall be at least 100 feet and oriented away from any adjoining residentially used property or residentially zoned property.

D. Equipment intended to be utilized for the washing of windows of motor vehicles, as well as places for the storage of such equipment, shall be permitted.

E. A single-bay car wash may be permitted as an accessory use where in conformance with all applicable provisions of § 27-1510.

F. All automotive parts and similar articles shall be stored within a building or enclosed area. No outdoor display of products shall be permitted.

G. All trash or solid waste shall be stored in a completely fenced-in or screened enclosure for periods not to exceed seven days. Storage bins shall be subject to setback regulations for the district where the lot is located.

H. All automotive repair or service activities, except those performed at fuel pumps, shall take place within a completely enclosed building.

I. Vehicles waiting for repairs permitted hereunder shall not be stored outdoors for more than 14 days. Junk vehicles may not be stored in the open at any time except where permitted as a junkyard, which shall be considered a separate principal use (see § 27-1520).

J. Adequate paved parking and stacking spaces shall be provided for vehicles awaiting repair, with at least five parking spaces per service bay available.

K. Painting or body or fender repair work shall not be permitted, except in an automobile and machinery repair shop or garage, where permitted as a separate principal use (see § 27-1507).

L. Rental of equipment such as automobiles, trucks, trailers, or boats shall be considered a separate principal retail use and, where permitted, shall require adequate additional parking. The rental of vehicles greater than 10,000 pounds gross vehicle weight is expressly prohibited.

M. Retail sales of food or beverage items shall be clearly secondary to the fuel-dispensing and auto service business, except where a convenience store is permitted as a principal use, including dispensing of fuels.

N. Landscaping and screening shall be provided as required by § 27-1408 and located so as to allow for the safe and efficient circulation of vehicles.

O. Exterior lighting shall be properly shielded so that no direct or ground- or sky-reflected glare, whether from gas station canopy lights, spotlights, floodlights, searchlights or other sources, shall be visible from adjoining streets or adjacent lots when viewed by a person standing on ground level or from floor level on an adjacent property.

P. Business hours, including hours of delivery shall be established by the Board of Supervisors at the time of conditional use approval, where applicable, and shall not exceed between 5:00 a.m. until 10:00 p.m.

§ 27-1507 Automobile and Machine Repair Shop or Garage.

[Ord. No. 2022-02, 7/11/2022]

1. Any automobile and machine repair shop or garage shall comply with the following standards:

A. All repair and paint work shall be performed within an enclosed structure.

B. All areas used for exterior storage of vehicles, machines, and materials available for and awaiting repair activities shall be screened from view from adjoining residential uses and residentially zoned property and from the Delaware River Valley Scenic Byway.

C. Screening shall be provided in accordance with § 27-1408 herein.

D. No outdoor storage of used or discarded parts, equipment, lubricants, fuel or other materials shall be permitted. Materials discarded as part of the service operation shall be contained within wholly enclosed dumpster equipment.

E. The demolition or storage of unlicensed or junk vehicles and any salvage activities on the property are prohibited.

F. All ventilation equipment associated with fuel storage tanks shall be at least 100 feet and oriented away from any adjoining residentially used property or residentially zoned property.

G. All vehicles shall be repaired and removed from the premises as promptly as possible. Vehicles waiting for repairs shall not be stored outdoors for more than 14 days, except that if a vehicle is being stored due to a collision, it may remain no longer than 30 days from the date of arrival.

H. Adequate paved parking shall be provided, with at least five parking spaces per service bay available.

§ 27-1508 Bed-and-Breakfast.

[Ord. No. 2022-02, 7/11/2022]

1. All bed-and-breakfast establishments shall comply with the following standards:

A. A bed-and-breakfast shall consist of not more than eight guest suites intended for overnight occupancy regardless of the size of the lot, except that a maximum of five guest suites shall be provided on a lot of less than or equal to three acres, but more than one acre; and a maximum of three guest suites shall be provided on a lot of one acre or smaller. The minimum net floor space of any individual overnight guest suite shall not be less than 170 square feet. An individual overnight guest suite may include one or two bedrooms.

B. At least one bathroom shall be provided for every two bedrooms. Such bathroom facilities shall be separate from facilities for the owner/manager, the family of the owner/manager, and the employees of the owner/manager.

C. In addition to a principal single-family detached dwelling, only accessory structures existing as of August 7, 2010, may be used for a bed-and-breakfast.

D. The bed-and-breakfast use shall remain incidental and secondary to the principal residential use of the property on which it is located. The owner/manager must permanently reside on the property where the bed-and-breakfast is located. Non-resident employees shall be restricted to two individuals in addition to any resident operators or employees.

E. The bed-and-breakfast shall not operate in combination with a liquor license, nor shall alcoholic beverages be sold by the drink. Where guests bring alcoholic beverages for their personal consumption, all applicable laws regulating the availability of alcoholic beverages must be complied with.

F. There shall be no separate cooking facilities in any overnight guest room. Food served to overnight guests on the premises of a bed-and-breakfast use shall be limited to breakfast and afternoon tea with the dining facilities so used open only to overnight guests. Guests may be permitted to use common cooking and dining facilities to prepare their own food.

G. The bed-and-breakfast shall comply with any applicable local, county, state and federal laws and regulations regarding all applicable permits, including, but not limited to: Fire, Health, Safety and Building Codes, including any applicable taxation.

H. Overnight guests of the bed-and-breakfast shall be limited to transient visitors to the area. No overnight guest shall stay for more than 21 total days in any sixty-day period and no more than 14 consecutive days.

I. The applicant shall prove to the satisfaction of the Township that any existing municipal or private sewer system or on-lot septic system can accommodate the maximum potential usage. The Township may require that a secondary tested site is available for a replacement system should the existing system fail.

J. The bed-and-breakfast use shall have an appearance and character consistent with the principal use (e.g., residential or agricultural) of the lot. The only exterior changes permitted to portions of existing buildings visible from a public street shall be for historic restoration, cosmetic repairs, or as may be required in compliance with the Township Building Code, by the Pennsylvania Department of Labor and Industry, for safety reasons, or as may otherwise be required by any governmental agency. All fire escapes, external stairways, or additional external doors as may be required shall be located either to the side or rear of the building(s) used for the bed-and-breakfast.

K. All active recreation activities shall cease at dusk. Active outdoor recreation amenities, such as a swimming pool or tennis court, shall not be lit and the use of such amenities shall be limited to the hours of 7:00 a.m. to dusk.

L. The use of any amenities, such as swimming pool or tennis court, shall be restricted in use to overnight guests and permanent residents of the bed-and-breakfast use and their occasional invited guests.

M. All trash/solid waste receptacles shall be screened from view from public streets and neighboring properties.

N. One sign shall be permitted to identify the bed-and-breakfast use as provided in § 27-1413.

O. Off-Street Parking: In addition to applicable standards for parking and loading set forth in Part 14, the following shall apply to any bed-and-breakfast use:

(1) One off-street parking space shall be provided for each overnight guest bedroom or suite and for each non-resident employee of the bed-and-breakfast use, in addition to any parking required for the residential use of the owner/manager;

(2) If more than four parking spaces are provided within 50 feet of an existing residential dwelling on a neighboring lot zoned for residential use, the parking spaces shall be screened from view of the neighboring property;

(3) Off-street parking for use by overnight guests or non-resident employees of the bed-and-breakfast use shall be located in side or rear yards and shall be a minimum of five feet from any property line;

(4) Parking spaces shall be constructed pursuant to the Subdivision and Land Development Ordinance.[1]

[1] Editor's Note: See Ch. 22 of this Code.

P. Annual Zoning Permit.

(1) Before providing any bed-and-breakfast use, property owners must obtain and renew annually a zoning permit for each property to be used as a bed-and-breakfast. Such zoning permit shall only be issued if the requirements of this chapter are met and continue to be met at the time of any application for renewal, and any required fees for such permit that may be adopted by resolution of the Board of Supervisors have been paid.

(2) Upon application for a zoning permit or renewal thereof in such form as may be required by Lower Mount Bethel Township for use of a bed-and-breakfast, each applicant shall pay to the Township an annual inspection fee in accordance with the Township fee schedule resolution. A zoning permit for a bed-and-breakfast use shall not be transferred or sold and will expire upon the conveyance of the property.

(3) The applicant for a zoning permit or renewal thereof for use of a bed-and-breakfast shall provide the Township with the opportunity to schedule and perform an annual inspection of the property to ascertain compliance with the provisions set forth herein and any other applicable regulations, including, but not limited to, property maintenance code(s), prior to the issuance or renewal of the zoning permit, as applicable.

(4) Each application for a zoning permit or renewal thereof shall note how many guests are permitted for the bed-and-breakfast use and require the applicant to submit proof of, and remain in constant compliance with, the following:

(a) An accurately drawn floor plan of the structure(s) used for the bed-and-breakfast showing the number of bedrooms and location of smoke alarms and carbon monoxide detectors. Floor plans must show details for every level of the structure(s) used, and the location of windows and all interior and exterior doorways;

(b) In the case of a bed-and-breakfast use where the owner-occupant rents only specific bedroom accommodation(s), the floor plan must clearly designate bedrooms to be used for bed-and-breakfast use, which must be located within the principal single-family detached dwelling or within accessory structures existing as of August 7, 2010;

(c) Proof of personal injury and casualty insurance adequate to cover the use of the residence by transient visitors;

(d) Proof of registration of the lodging with Northampton County and payment of applicable lodging taxes.

§ 27-1509 Campground.

[Ord. No. 2022-02, 7/11/2022]

1. A campground, as defined in Part 2 and including "Campsite" where applicable, shall be permitted where approved as a special exception in the AP and/or I zoning districts on properties of 12 acres or more, subject to the following:

A. Campground Occupancy Limitations.

(1) Campgrounds may be open May 1 through October 31.

(2) For each campground on an individual property meeting the standards herein, in the AP zoning district, there shall be a maximum of 20 registered people, including children, at any one time.

(3) For any campground on an individual property otherwise meeting the standards herein but located in the I zoning district, the maximum number of registered people, including children, may exceed 20 at any one time.

(4) No camper can stay at a campground for more than 14 days per month.

B. Design Standards for Campground:

(1) Minimum lot area: 12 acres;

(2) Maximum lot coverage: 10%;

(3) Minimum setbacks from all perimeter property lines: 250 feet;

(4) All dogs or other pets shall be kept under the control of their owners at all times;

(5) No sleeping quarters of any campground shall be located within the floodway;

(6) Each campground shall provide a parking space for one automobile per four registered campers which will not interfere with the convenient and safe movement of traffic;

(7) All facilities associated with any campground shall not collectively occupy more than 1 1/2 acre of prime agricultural land;

(8) Campgrounds shall be accessible via a private driveway directly from a public road. Campgrounds are not permitted where the access is via a shared driveway.

C. Improvements and Maintenance of Facilities.

(1) Facilities shall be maintained by the designated operator or owner of the site to ensure adequate condition of roads and parking areas and safe ingress and egress to the campground.

(2) Access roads to camp sites shall be improved with an adequate subsurface and gravel base subject to approval of the Township engineer. Paved wearing surface may be required if necessary for safety and traffic purposes.

(3) Property lines abutting properties in other ownership must be clearly marked, for example with a fence or signs, subject to approval of the Zoning Hearing Board.

(4) Landscaping and buffers shall be provided to provide privacy and to screen adjoining areas or view of the site from the public road and neighboring property, subject to approval of the Zoning Hearing Board.

(5) Grading shall be provided, where necessary, to improve adverse drainage conditions affecting the campground or any camp site, subject to approval of the Township engineer.

(6) Application for a zoning permit for the campground use must include a plan for water supply and sanitary sewer services in accordance with the Lower Mount Bethel Act 537 Plan, and indicate an ability to comply with all of the standards of this section.

D. Nuisance Avoidance.

(1) No loudspeaker or amplifying device shall be permitted which will project sound beyond the boundaries of the property.

(2) No lighting shall be permitted which will shine on adjacent property.

(3) Smoke from campfires cannot be permitted to become a nuisance to neighboring property owners.

E. Additional Provisions.

(1) Each campground will be billed for annual trash collection services as one residential unit, except that where campgrounds with more than 20 registered persons are permitted in the I - Industrial Zoning District, each increment of 20 registered persons or fraction thereof shall be billed as one residential unit. The Township reserves the right to bill for additional units if excessive amounts of trash are collected from the campground on a regular basis.

(2) A directional sign not exceeding four square feet shall be permitted to indicate the location of the campground on the public road within 20 feet of the entrance to the campground.

(3) Owners of the campground must register all campers, keep a copy of the registration for two years, and make a copy of the registration available to the Township upon request.

(4) All camp sites and campground areas shall be maintained in compliance with the requirements of this Zoning Ordinance and with the all applicable Commonwealth of PA regulations.

F. Annual use and Occupancy Certificate.

(1) Upon approval by the Zoning Hearing Board and proper installation of the campground in compliance with all of the requirements of this section, the Township zoning officer shall be authorized to issue a use and occupancy certificate which shall be valid for a period of one year, unless revoked sooner for violation of any of the provisions of this chapter. The use and occupancy certificate may be renewed annually, provided that the Township has inspected the facility and found it to be in compliance with the provisions of this section. In the event that the Township zoning officer determines a violation to exist, the use and occupancy certificate shall not be renewed until the violation is remedied. A fee, in the amount to be set by the Board of Supervisors, shall be paid by the landowner upon each annual renewal of the use and occupancy certificate. Such fee shall be based upon the cost of the annual review of the use and occupancy certificate.

(2) The applicant shall be responsible for any professional fees incurred by the Township associated with the review, approval, use, or termination of the campground, including, but not limited to, fees billed by the Township solicitor and Township engineer. The Township shall be reimbursed for applicable fees prior to or at the time of issuance or renewal of the annual use and occupancy certificate.

§ 27-1510 Car Wash.

[Ord. No. 2022-02, 7/11/2022]

1. A car wash shall comply with the following standards.

A. Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets. On lot traffic circulation channels and parking areas shall be clearly marked. A "wipe-down" area shall be provided between the exit from the car wash bay and the nearest sidewalk or street. The wipe-down area shall have sufficient capacity to hold the maximum number of cars that the car wash can process in a five-minute period.

B. Adequate provisions shall be provided for the proper and convenient disposal of refuse.

C. Development and operation of the car wash shall comply with all applicable stormwater management regulations.

D. The applicant shall provide evidence that adequate measures will be in place to prevent pollutants from being washed into the groundwater or waterways. Any chemicals or polluted runoff that may be hazardous to aquatic life shall be stored within an area that will completely contain any leaks, spills or polluted runoff.

E. Water from the car wash operation shall not flow onto sidewalks, gutters or streets in such a manner as to cause icing hazards. As part of the conditional use application, the applicant shall demonstrate compliance with this requirement by providing a grading plan or equivalent engineering drawings.

F. On-site recycling of water shall be required.

G. All appropriate state permits shall be provided.

§ 27-1511 Cemetery, Columbaria, Mausoleum or Mortuary.

[Ord. No. 2022-02, 7/11/2022]

1. A cemetery, columbaria, mausoleum or mortuary shall comply with the following standards, except where a mortuary is solely operated as a funeral home or funeral parlor.

A. The minimum lot area for a cemetery shall be five acres except that an existing cemetery may be expanded on the same parcel of record regardless of lot area.

B. Individual plots shall be set back a minimum of 50 feet from all tract boundaries and public rights-of-way, except that where an existing cemetery is expanded on the same parcel of record, the setback may be reduced to the average of the existing setbacks relative to each affected property line.

C. The following standards shall apply to the placement of all burial vaults within burial ground areas:

(1) Multiple burial vaults may be placed in a single plot (i.e., one atop the other) subject to conformance with all design criteria herein;

(2) No vault shall be located less than three feet beneath the finished ground surface after development, except where completely enclosed within a mausoleum;

(3) No vault shall be located where, at its greatest depth below the ground surface, it may intrude upon the seasonal high water table as determined by the Township;

(4) All burial vaults shall be placed such that the minimum horizontal separation between vaults is no less than two feet. The provision shall not apply to burial vaults completely enclosed within a mausoleum.

D. An application for a cemetery, columbaria, mausoleum or applicable mortuary use shall include the following:

(1) A master plan identifying the overall layout of plots, internal road network, buildings, a landscape plan, and other improvements, including dimensions to sufficiently ascertain their locations, and which demonstrate compliance with the requirements herein satisfactory with the Township engineer;

(2) A valid permit issued from the Pennsylvania Department of Health, when applicable;

(3) A narrative of how the cemetery, columbaria, mausoleum or mortuary will be developed and maintained, including provision for adequate financial resources to guarantee ongoing maintenance.

§ 27-1512 Church or Other Place of Worship.

[Ord. No. 2022-02, 7/11/2022]

1. A church or other place of worship shall comply with the following standards.

A. A church or other place of worship shall only be permitted where it has direct access to an arterial or collector road as defined in the Lower Mount Bethel Township Comprehensive Plan.

B. Accessory uses shall be limited to those directly associated with the principal religious use and may include a social hall, rectory, cemetery or mausoleum but not a mortuary.

C. Additional principal uses on the same property as the principal religious use, including, but not limited to, a school or adult or child day care, shall only be allowed if permitted in the applicable zoning district.

§ 27-1513 Conversion of Agricultural Structures.

[Ord. No. 2022-02, 7/11/2022]

1. Any agricultural structures existing prior to August 7, 2010, may be permitted as a conditional use to be converted to non-agricultural use(s) in compliance with the following standards.

A. Intent.

(1) The stone and wood barns, bank barns, and associated agricultural structures found throughout the Township are an important element of the rural and historic identity of Lower Mount Bethel Township. In the interest of preserving such identity, these regulations have been developed.

(2) The Township recognizes that, in spite of their aesthetic appeal, many of the older agricultural structures are no longer of a suitable size or configuration to accommodate modern agricultural operations. In light of this fact, these regulations have been developed to accommodate alternate, non-farm uses within such structures, thereby providing an economically feasible use for such structures, supporting their restoration, preservation, and continued presence in the community.

B. Eligibility.

(1) Throughout this section, the term "agricultural structure" shall mean buildings traditionally found on a farm property, including, but not limited to, barns and bank barns, silos, springhouses, summer kitchens, dwellings and carriage houses, and constructed primarily of stone, stucco-faced stone, or wood.

(2) Agricultural structures eligible for conversion shall be structurally sound, or, if not sound at the time of conditional use application, one condition of approval for conversion shall be presentation of plans or an engineering or architectural report by the applicant showing how the said structure shall be restored to sound condition. At the time of issuance of any building or zoning permit or approval of any conditional use application, this condition shall be included in such permit or order of conditional use approval.

C. Permitted Uses. The following uses may be permitted within a conversion of an agricultural structure, subject to the conditional use approval for the conversion.

(1) Single-family detached dwellings, single-family semi-detached dwellings, two-family dwellings, and multifamily dwellings.

(2) Professional or business office.

(3) Retail establishment involving the sale of goods or services to the general public.

(4) Artist's studio.

(5) Woodworking and furniture-making.

(6) Light manufacturing or assembly operations.

(7) Any other use permitted by right, special exception, or conditional use within the applicable zoning district.

(8) Any combination of the above uses.

(9) Municipal use.

D. Regulatory Compliance Required.

(1) Conversions shall comply with all applicable Township ordinances and state laws and regulations.

(2) Any conversions involving or requiring a subdivision or land development shall comply with any applicable provisions set forth in the zoning district where the conversion is located, including lot area standards, and with the Lower Mount Bethel Township Subdivision and Land Development Ordinance.[1] Where compliance with dimensional requirements is not feasible, appropriate subdivision modifications or zoning variances must be obtained.

[1] Editor's Note: See Ch. 22 of this Code.

(3) Provisions for water supply and sewage disposal shall conform to all applicable Township ordinances and shall satisfy the requirements of the Pennsylvania Department of Environmental Protection and the Township sewage enforcement officer.

E. Limitations.

(1) No more than two agricultural structures existing prior to August 7, 2010, may be converted under this section on any single property. Upon approval via conditional use of conversion under this section, any further conversion shall be restricted via deed restriction or conservation easement imposed upon the property and in a manner required and approved by the Township as a condition of any such approval.

(2) No conversion will be permitted unless there is a lot area of at least one acre per each converted principal use. Each individual residential dwelling unit and each other principal use permitted upon the property shall be considered a single and separate converted use.

(3) No residential conversion may include any dwelling unit less than 600 square feet in area.

(4) Where any permitted converted use requires parking and loading areas in addition to the existing parking and loading areas, then such areas shall be screened from view from any neighboring residential properties or residentially zoned properties, in accordance with § 27-1408.

(5) Exterior alterations, including reconstruction where necessary, due to conversion of an agricultural structure shall preserve the general appearance of the existing or original structure, enhancing the aesthetic qualities of the structure and the property in the rural style. This requirement shall be reflected in structural additions, alterations, and repairs, and in cladding materials (including color) of the finished conversion. Enclosed additions greater than 10% of the footprint of the existing structure shall not be permitted except to comply with building code or safety requirements.

(6) It is recognized that agricultural structures may be nonconforming structures, especially in regard to required yard areas and other dimensional limitations. Conversions shall not be required to correct such pre-existing non-conformities, but shall neither expand nor increase any non-conformity nor create any new non-conformity, except as necessary to comply with building code or safety requirements.

(7) If agricultural activity is to continue in proximity to a converted structure, the conversion shall be designed to minimize conflicts between the new use and the existing agricultural uses.

§ 27-1514 Day Care Center, Adult or Child.

[Ord. No. 2022-02, 7/11/2022]

1. Home day care and supervision of no more than five children or adults, including those related to the caregiver, shall be permitted as a home occupation where approved by the Zoning Hearing Board as a special exception and when in compliance with the applicable provisions of Part 18. An adult or child day-care center may be permitted as a principal use in compliance with the following standards.

A. A child day-care center shall comply with the following standards:

(1) Indoor play areas shall provide a minimum of 50 square feet per child. Outdoor play areas shall be designed to provide a minimum contiguous outdoor play area of 2,000 square feet, or 100 square feet per child, whichever is greater.

(2) Outdoor play areas shall be entirely enclosed by a fence a minimum of five feet in height, or other barrier suitable to prevent children from crossing the property line or neighboring street, and shall not include driveways, parking areas or land unsuited for active recreation due to slope or wet soil conditions.

(3) Outdoor play areas shall be set back a minimum of 10 feet from side and rear property lines and shall be screened from view of neighboring residential properties, pursuant to § 27-1408.

(4) Applications for a child day-care center shall include a letter from the Pennsylvania Department of Public Welfare that all of the requirements of Chapter II, Section 8A of the Department's Social Services Manual on Regulations for child day-care centers have been met.

B. An adult day care center shall comply with the following standards:

(1) A minimum indoor recreation area of 500 total square feet or 75 square feet per adult, whichever is greater, shall be provided;

(2) Only Commonwealth of Pennsylvania approved adult day care facilities will be permitted. The Pa. Department of Aging approves licenses for qualifying facilities. Commonwealth standards establish the client capacity based on the qualifying building space provided for this use.

C. All Day Care Facilities shall Comply with the Following Standards:

(1) Off-street parking and passenger loading and unloading spaces shall be provided in accordance with the provisions of § 27-1411, Subsection 3.B. and shall be so designed to accommodate the on-lot pickup and dropoff of children or adults without interference with traffic flow on any adjacent street or road, subject to Township approval;

(2) Prior to issuing of a permit by the Township zoning officer, the applicant shall have received and hold all pertinent approvals from the Township and approvals and licenses from appropriate state or county agencies as a condition of permit approval and continuation;

(3) The applicant shall provide evidence that he or she will construct or renovate, as applicable, and operate the facility in accordance with the standards of the Commonwealth. A copy of the approved license shall be provided to the Township when the facility is completed prior to the initiation of business.

§ 27-1515 Drive-Through Service Facilities.

[Ord. No. 2022-02, 7/11/2022]

1. All drive-through windows, automated tellers, or other drive-through facilities permitted within the Township, including ordering stations as well as service windows, shall comply with the following standards.

A. All drive-through facilities shall have a vehicle stacking lane which can accommodate a minimum of six cars or as provided in the most current version of the Institute of Transportation Engineers (ITE) manual. The stacking lane shall not be used for parking lot circulation aisles nor shall it conflict in any way with circulation or parking patterns.

B. Drive-through facilities shall not be located adjacent to a residential use or a residential district or in direct view from a public street except where an effective visual screen shall be provided consistent with the standards set forth in § 27-1408.

§ 27-1516 Educational Use.

[Ord. No. 2022-02, 7/11/2022]

1. Any permitted educational uses, including public, non-profit private, and commercial educational uses, shall comply with the following standards.

A. Access shall be taken from an arterial or collector road as defined in the Lower Mount Bethel Comprehensive Plan. Two points of vehicular access shall be required. Bus and passenger vehicle access to the school buildings shall be segregated.

B. Outdoor play or recreation areas adjacent to a residential use or residentially zoned district shall be a minimum of 75 feet from side and rear property lines and shall be screened from neighboring residential uses or residentially zoned districts pursuant to § 27-1408. Outdoor play or recreation areas adjacent to a non-residential use or district shall be a minimum of 50 feet from side and rear property lines. Outdoor lighting designed to allow for after-dark use of recreational areas or facilities shall not be permitted.

C. Applications to the Township for any schools, public or private, shall include or Township approval may be conditioned on the receipt of, a letter from the Pennsylvania Department of Education stating that all applicable requirements of that Department have been met, including those pertaining to the site, location, and siting of the school on the property.

§ 27-1517 Heliport or Helipad.

[Ord. No. 2022-02, 7/11/2022]

1. Recognizing the increasing use of helicopters in commercial, public safety, and emergency operations, a heliport or helipad, where approved as a conditional use, may be established in Lower Mount Bethel Township only in the I - Industrial Zoning District and subject to the following criteria.

A. Minimum lot area: five acres.

B. All portions of any heliport or helipad shall be a minimum of 1,000 feet from the lot line of any abutting residential use or district.

C. The applicant shall provide evidence that:

(1) The parcel on which the heliport or helipad is to be located and the design of the heliport or helipad have been approved by the Pennsylvania Bureau of Aviation and the Federal Aviation Administration; and

(2) The heliport or helipad has received any and all required licenses from applicable state and federal government agencies, including, but not limited to, licenses from the Pennsylvania Department of Transportation (AV-4 and AV-6 licenses).

D. The heliport or helipad shall be designed, constructed, and operated in compliance with all applicable state and federal laws and regulations.

E. Helicopters may be stored at a heliport but no helicopter shall be stored and/or parked at a helipad for more than four hours.

F. The landing surface of the heliport or helipad shall conform to the following:

(1) The landing surface shall be paved, substantially level, and shall be at least 60 feet square or, in the case of a circle, shall be at least 60 feet in diameter. Except for rooftop pads, a secondary perimeter area, a minimum of 30 feet in width, shall contain a gravel or grass cover;

(2) Both the landing surface and secondary perimeter shall be well-maintained and shall be kept dirt-free to preclude blowing dust or debris caused by rotor downwash, and shall contain no structures or other obstacles other than those required for safety purposes;

(3) The landing surface of the heliport or helipad, the secondary perimeter area, and any area where helicopters are stored, shall be surrounded by a fence and locked, as appropriate, to prevent entry by non-authorized persons. Said fence shall be at least eight feet in height and located so as to avoid safety issues with rotor clearance.

G. The proposed flight paths shall be over open areas and along major transportation corridors to the extent possible, and shall be designed to minimize noise impacts to existing residences and/or residential zoning districts. These requirements shall not apply to helicopters operated by the following:

(1) A health care network and/or hospital to respond to a medical emergency;

(2) Law enforcement; and/or

(3) Public utility providers.

H. A maximum of 500 gallons of fuel for helicopters may be stored at any heliport and a maximum of 200 gallons of fuel for helicopters may be stored at any helipad.

I. A heliport shall be limited to use between the hours of 7:00 a.m. and 9:00 p.m. and a helipad to the hours between 7:00 a.m. and 5:00 p.m., except for situations where the helicopter and/or heliport is operated by: (1) a health care network and/or hospital (i.e., MedEvac, LifeLion, PennSTAR) and is used for the medical transport of acutely ill and/or critical care patients; and/or (2) law enforcement.

J. Required Zoning Permit. A zoning permit for establishing and maintaining a heliport or helipad shall be issued to the owner, lessee and/or operator of a heliport or helipad by the Township zoning officer, subject to any required fees for such permits that may be adopted by resolution of the Board of Supervisors having been paid. Any zoning permit for a heliport or helipad shall be valid for a period of three years; after such time an applicant must apply for a new zoning permit from the Township zoning officer.

K. The zoning permit shall be deemed automatically revoked if either:

(1) The Pennsylvania Bureau of Aviation, the Federal Aviation Administration, and/or any other state or federal agency regulating the use, construction, operation, and maintenance of a heliport or helipad revokes or suspends any license required to use, construct, operate or maintain the heliport or helipad;

(2) Thirty days after the Township zoning officer has notified the zoning permit holder in writing that the site is no longer in compliance with the requirements set forth herein for the initial granting of the zoning permit, the alleged defect has not been cured; or

(3) The Township receives notice that the heliport or helipad is being operated in violation of state or federal law.

§ 27-1518 Home Occupations.

[Ord. No. 2022-02, 7/11/2022]

1. All home occupations shall comply with the following standards.

A. A dwelling unit or accessory structure may be used for the practice of a home occupation not otherwise permitted as a "no-impact home-based business" where approved by the Zoning Hearing Board as a special exception, and where clearly incidental and secondary to a principal residential use and in conformance with the provisions herein. A bed-and-breakfast shall not be considered a home occupation and is separately regulated herein.

B. Standards for Home Occupations.

(1) Home occupations shall be limited to the employment on the premises of not more than two persons not resident therein, in addition to the resident(s), at any one time.

(2) Where employee or customer visits are anticipated, off-street parking shall be provided in sufficient capacity to prevent interference with normal residential parking in the neighborhood and shall be screened from view of neighboring residential properties. Off-street parking, inclusive of required residential parking, shall not exceed five spaces. No commercial vehicles shall be parked outdoors overnight.

(3) The area utilized for the conduct of a home occupation shall not exceed 25% of the total floor area of the principal dwelling unit, regardless of whether the home occupation is carried out within that dwelling or in an accessory building, except where greater area is approved by the Zoning Hearing Board as a condition of special exception approval.

(4) The appearance of the residential structure or accessory structure(s) shall not be altered or constructed, nor the occupation be conducted, in such a manner which would cause the premises to differ from its residential character by the use of materials, construction, lighting, show windows, signs, or advertising visible outside the premises to attract customers or clients, other than those signs permitted by this chapter. No interior display of goods shall be visible from outside the structure(s).

(5) Home occupations shall be subject to the following limitations:

(a) No emission of unpleasant gases or other malodorous matter shall be permitted;

(b) No emission of noxious, toxic, or corrosive gases or fumes injurious to persons, property, or vegetation shall be permitted;

(c) No glare or heat from any home occupation shall be permitted;

(d) No discharge is permitted into a reservoir, sewage or storm disposal system, stream, open body of water, or into the ground, of any materials in such a way, or of such a nature or temperature, as could affect or contaminate any water supply or damage any sewage treatment plant, or otherwise could cause the emission of dangerous or objectionable elements;

(e) No vibration or noise detectable to normal senses in excess of levels customarily generated by a residential use shall be noticeable or audible beyond the property lines of the property on which the home occupation is conducted, including where caused by vehicles. Objectionable noises due to intermittence, beat, frequency, or shrillness shall be muffled;

(f) No emission of any smoke shall be permitted;

(g) Electric or electronic devices shall be shielded in such a manner as not to interfere with radio or television reception or transmission of any kind beyond the property line;

(h) There shall be no exterior storage of materials or refuse resulting from the operation of the home occupation other than in containers of less than 55 gallon capacity;

(i) There shall be no storage or use upon the premises of toxic, explosive, polluting, dangerous, or other substances defined as hazardous by the Pennsylvania Department of Environmental Protection or by any applicable law or ordinance.

C. Permitted Home Occupations.

(1) Office use exceeding the standards for no-impact home-based business but complying with all standards herein.

(2) Personal services, including, but not limited to, beauty parlors and barber shops may be permitted as a home occupation provided that no more than two stylist or barber chairs are provided and all other provisions of this chapter are met.

(3) Instructional services may be permitted as a home occupation where approved by the Zoning Hearing Board as a special exception and provided that a maximum of two musical students may be instructed at any one time. Non-music instruction shall be limited to no more four students at any one time and no more than two trips per hour.

(4) Home Day Care. Home day care for the care and supervision of no more than five children or adults, including those related to the caregiver, shall be permitted as a home occupation where approved by the Zoning Hearing Board as a special exception and when in compliance with the provisions set forth below and all other applicable requirements; care of more than five children or adults shall be considered a principal use and shall comply with the standards for child or adult day care center (see § 27-1514):

(a) Home day care uses shall only be permitted in a single-family detached dwelling and in conformance with the Township Building Code;

(b) There shall be no alterations to exterior facades of residential structures to accommodate home day care facilities in a residential district, except for safety purposes which shall be confined to rear or side walls not visible from any public right-of-way to the extent feasible;

(c) For home day care intended for children, a minimum outdoor play area of 100 square feet of contiguous play area shall be provided for each child. The outdoor play area shall be located to the side or rear of the property. Setbacks for this play area shall meet the side and rear setback requirements for the applicable district. The outdoor play area shall be enclosed by a suitable fence with a minimum height of five feet or other barrier suitable to prevent children from crossing the property line;

(d) There shall be sufficient area on the lot to accommodate the pickup and dropoff of children or adults without interference with local traffic;

(e) Prior to approval of the use and issuing of a zoning permit by the Township zoning officer, the applicant shall secure all pertinent approvals and registration certificates from appropriate state or county agencies as a condition of zoning permit approval and continuation. Prior to the issuance of the zoning permit, the applicant shall also provide evidence that all conditions set by the Zoning Hearing Board during the special exception approval process have been met.

D. Home occupations exceeding the standards for no-impact home-based business are not permitted within mobile homes located in a mobile home park or in any dwelling other than a single-family detached dwelling or permitted accessory building thereto.

§ 27-1519 Indoor or Outdoor Farmers Market or Flea Market.

[Ord. No. 2022-02, 7/11/2022]

1. An indoor or outdoor farmers market or flea market shall comply with all regulations applicable to a permitted retail use, including parking, vehicular access, water supply and wastewater disposal, stormwater management, signs, lighting and noise. Where located outdoors, the market shall further comply with the following.

A. There shall be no less than one trash receptacle per 1,000 square feet of sales area and all trash receptacles shall be emptied regularly so as not to overflow; litter and debris shall not be permitted to accumulate.

B. Merchandise, stalls or other materials shall not be stored outdoors during any period exceeding 30 days while the use is not open for business.

C. Operation of the use shall be restricted to the time between 7:00 a.m. and sunset, prevailing time.

D. Operation of the use shall not disturb the tranquility of residential properties or other areas in close proximity or otherwise interfere with the reasonable use and enjoyment of neighboring and nearby properties by reason of excessive noise, traffic or overflow parking.

§ 27-1520 Junkyard or Salvage Yard.

[Ord. No. 2022-02, 7/11/2022]

1. A junkyard or salvage yard operation shall comply with the following standards.

A. The tract serving as a junkyard shall contain a minimum of 20 contiguous acres undivided by streets, streams, or rights-of-way, other than those for public utilities. No part of the operation shall be located within any identified floodplain area or located such that contaminants from the operation can seep or flow into a stream or other body of water.

B. The tract serving as a junkyard shall be located on lands with less than 15% slope.

C. The maximum lot coverage including parking, storage, buildings, other structures, and any other impervious surface shall not exceed 50%.

D. The junkyard operation including all storage shall be set back a minimum 100 feet from any abutting residential use or residential zoning district, and a minimum 300 feet from the right-of-way of the Delaware River Valley Scenic Byway. Otherwise all applicable zoning district yard area setbacks shall apply.

E. The perimeter of the junkyard operation including all storage shall be enclosed by a fence at least 10 feet in height. The fence shall be opaque except where an effective and complete visual landscape screen is maintained on the outside of the fence. Screening shall be required along any part of the perimeter abutting a residential use or residential zoning district or the Delaware River Valley Scenic Byway.

F. All vehicles associated with the operation of the junkyard shall be parked within the fenced enclosure.

G. No garbage or other waste, and no paper, rubbish, rags or other flammable articles or materials shall be stored on the premises for longer than one week.

H. The manner of storage and arrangement of junk, and the drainage facilities of the premises shall be such as to avoid the accumulation of stagnant water upon the premises. Outdoor storage shall be conducted to control mosquito propagation during warm weather to the extent practicable.

I. All junk kept, stored, or arranged on the premises shall at all times be kept, stored and arranged within the junkyard in a neat and orderly manner in keeping with the standards of the trade. Storage piles shall not exceed 10 feet in height.

J. There shall be provided at least a fourteen-foot wide accessway which shall be clear and free at all times to provide for access to all parts of the premises for firefighting and other safety or emergency purposes. No portion of the premises shall be more than 25 feet from such an accessway.

K. No burning shall be permitted on the premises. Any junkyard shall have available in proper working condition, equipment that will control, contain, and suppress fires or other hazards.

L. Waste generated by the salvage or junkyard operation shall be managed in accordance with all applicable regulations. Except as provided hereunder, no storage of explosive, radioactive, toxic, highly flammable or otherwise hazardous materials shall be permitted:

(1) Automotive fluids (including gasoline, oil, antifreeze, brake, transmission fluids, and similar fluids), freon, and other flammable or toxic substances shall be removed from any junk or other items stored on the premises and shall be properly containerized and stored. Such materials shall not be released into the air or deposited on or into the ground or watercourses and shall be either used, transported and disposed of, or recycled in accordance with applicable regulations;

(2) Automotive batteries shall be removed from junked vehicles and properly stored until they are either used, disposed of, or recycled;

(3) Removal of such fluids, batteries, and other hazardous materials shall take place on an impervious surface where they can be properly contained without danger of spilling or being transported into the ground.

M. Where whole or processed tires are stored outdoors, each waste tire pile shall meet the following requirements:

(1) Individual tire storage piles shall not cover a surface area of greater than 1,000 square feet;

(2) Firebreak corridors of at least 50 feet in width shall be maintained on all sides of tire piles. No point in the pile shall be more than 25 feet from a firebreak. Firebreaks may include accessways and shall be kept free from obstructions that could limit access in the event of an emergency. Vegetation within the firebreak corridor shall be maintained below six inches in height.

N. Any activity or operation within the junkyard likely to generate significant noise or vibration, including, but not limited to, the crushing of vehicles or other material, shall be limited to the hours of 7:00 a.m. to 5:00 p.m.

§ 27-1521 Landfill, Sanitary Landfill, or Solid Waste Disposal Facility.

[Ord. No. 2022-02, 7/11/2022]

1. Any landfill, sanitary landfill or solid waste disposal facility shall comply with the following standards.

A. Not more than one active solid waste disposal and processing facility shall be permitted within the Township at any one time.

B. The minimum lot area shall be 50 acres. Additionally, no landfill or solid waste disposal facility shall be permitted to have any portion of the minimum 50 acres located within any identified floodplain area.

C. The maximum permitted height of any portion of the landfill or solid waste disposal and processing operation shall not exceed 35 feet above the ground level as it existed before development of the facility.

D. All solid waste processing operations, other than depositing and compacting the solid waste in a landfill, shall be conducted within a wholly enclosed building.

E. The minimum setback for all landfills or solid waste disposal and processing areas shall be 500 feet from all property lines and zoning district boundaries.

F. Any area used for the unloading, transfer, storage, processing, incineration, or deposition of refuse must be completely screened from ground-level view at the property line. The use of an earthen berm is recommended whenever possible. In addition, such areas must also be completely enclosed by an eight-foot high security fence, with no openings greater than two inches in any direction. Said fence shall be set back a minimum of 100 feet from all property lines and from all waste disposal areas. The security fence shall be visually hidden from view along its entire length by additional screening if necessary. All screening shall meet the requirements of § 27-1408.

G. The applicant must demonstrate compliance with all applicable state and federal standards and regulations through a written statement, and continue to comply during all operations and ultimate closure of the facility.

H. The entire facility shall be adequately policed in regard to litter control and litter shall be collected routinely at no greater than weekly intervals from all fences, access drives, and planting screens. Litter shall not be permitted to be blown or otherwise deposited outside the property lines of the facility.

I. Leak and vector proof containers shall be provided for the storage of any waste that cannot be used in any disposal process or material that is to be recycled. Such containers shall be designed to prevent their contents from being carried by wind and/or water and shall be stored within a wholly enclosed building.

§ 27-1522 Membership Club or Lodge.

[Ord. No. 2022-02, 7/11/2022]

1. Any permitted membership club or lodge shall comply with the following standards.

A. The applicant shall demonstrate to the Township that the club, organization, or lodge shall be private and operate on a membership basis only, and shall be defined as a non-profit organization.

B. The private club or lodge will serve as a purely social, athletic or community service purpose.

C. The private club or lodge will not cause or create a nuisance to adjoining properties or to its general neighborhood in the conduct of its activities.

§ 27-1523 Nursing Home, Convalescent Home, or Assisted-Living Residence.

[Ord. No. 2022-02, 7/11/2022]

1. All nursing or convalescent homes or assisted-living residences shall comply with the following standards.

A. Each such facility shall provide an outdoor sitting facility. The sitting area shall be landscaped and shall not be located adjacent to parking lots, detention basins, or collector or arterial streets unless adequate screening pursuant to § 27-1408 is provided. Sitting areas shall not be located on slopes of over 5% grade.

B. The proposed use shall obtain all applicable state and federal permits, licenses, and demonstration of need, as applicable to the proposed use, as well as conditional use approval, prior to the issuance of a zoning permit.

§ 27-1524 Outdoor Recreation Use.

[Ord. No. 2022-02, 7/11/2022]

1. Any permitted outdoor recreation uses other than Lower Mount Bethel municipally operated uses, and including other public, non-profit private, and commercial outdoor recreation uses, shall comply with the following standards.

A. The minimum lot size shall be five acres.

B. Any outdoor recreation areas, structures, other ancillary facilities and associated parking shall be appropriately screened from view of neighboring residential properties or residentially zoned districts pursuant to § 27-1408 and no use or structure shall be located closer to any lot line than the minimum front setback requirement.

C. The use will not cause or create a nuisance to adjoining properties or to its general neighborhood in the conduct of its activities.

§ 27-1525 Restaurant, Fast Food.

[Ord. No. 2022-02, 7/11/2022]

1. All fast-food restaurants shall comply with the following standards.

A. The use shall have access to an arterial or collector road as defined by the Lower Mount Bethel Township Comprehensive Plan and shall be designed in accordance with applicable parking, access and traffic control provisions set forth in Part 14 and in the Lower Mount Bethel Township Subdivision and Land Development Ordinance.[1]

[1] Editor's Note: See Ch. 22 in this Code.

B. Trash receptacles shall be provided outside of the fast-food restaurant for patron use, but shall not be located near any adjacent residential properties.

C. A trash storage area shall be provided which is designed to be screened from the street and adjacent properties to prevent trash from blowing from the area and to permit safe and easy trash removal.

D. Litter patrol shall be conducted daily and litter removed from the property with a daily record kept demonstrating that such patrol and litter removal has occurred.

E. Access shall be a minimum of 40 feet from street intersections. The distance shall be measured from the tangent of the intersecting street right-of-way to the edge of the access driveway.

F. Any drive-through windows or other drive-through facilities that are provided shall comply with the provisions of § 27-1515.

G. Lighting, screening, and landscaping shall be provided in accordance with applicable provisions of Part 14.

§ 27-1526 Roadside Stand.

[Ord. No. 2022-02, 7/11/2022]

1. Where permitted for the display and sale of farm products as a principal or accessory agricultural use, a roadside stand may be operated in accordance with the following standards.

A. At least 50% of such products shall have been produced on property owned by the owner of the property where the roadside stand is offering them for sale.

B. Sale of farm products shall be conducted from a portable stand dismantled at the end of the growing/harvest/sales season, or from a permanent building, provided that such stand or building shall meet all applicable yard area setbacks.

C. Parking space for at least three cars shall be provided on the lot and outside any immediately adjoining road right-of-way. Where the sales area exceeds 600 square feet, one additional parking space shall be provided for each additional 200 square feet of sales area or portion thereof. In any case, there shall be sufficient parking places for the use intended. Parking areas shall be so arranged to give safe and convenient access to a public road.

§ 27-1527 Short-Term Lodging Facilities.

[Ord. No. 2022-02, 7/11/2022]

1. Unless qualified as a hotel or bed-and-breakfast use conducted in accordance with this Zoning Ordinance, short-term lodging is prohibited throughout Lower Mount Bethel Township except where permitted as a conditional use under the following circumstances.

A. Short-Term Lodging Options:

(1) Specific Bedroom Accommodation. The owner of an owner-occupied single-family detached dwelling may rent no more than two bedrooms to transient visitor(s) for a period of not less than 24 hours and not more than 30 consecutive days to the same visitor. Under this arrangement, the owner must occupy the residence during the stay of the transient visitor.

(2) Entire Residential Unit Accommodation. An owner may rent his, her or their primary single-family detached residence to transient visitor(s) for a minimum period of two consecutive days, not to exceed 30 consecutive days to the same visitor(s). Under this type of arrangement, the owner may, but is not required to, remain on the premises during the stay of the transient guests. If the owner does not remain on the premises, the transient visitor(s) will be provided with an appropriate local contact number for the owner or the owner's designated contact person if the owner shall be in excess of 30 miles away from the rented property.

(3) For both options, the owner may rent their single-family detached dwelling to transient visitors for no more than 180 total days per year.

B. Annual Zoning Permit.

(1) Before providing any short-term lodging, property owners must obtain and renew annually a zoning permit for each property to be used as a short-term lodging facility. Such zoning permit shall only be issued if the requirements of this chapter are met and continue to be met at the time of any application for renewal, and any required fees for such zoning permit that may be adopted by resolution of the Board of Supervisors have been paid.

(2) Upon application for a zoning permit or renewal thereof in such form as may be required by Lower Mount Bethel Township for use of a short-term lodging facility, each applicant shall pay to the Township an annual inspection fee in accordance with the Township fee schedule resolution. A zoning permit for a short-term lodging facility shall not be transferred or sold and will expire upon the conveyance of the property.

(3) The applicant for a zoning permit or renewal thereof for use of a short-term lodging facility shall provide the Township with the opportunity to schedule and perform an annual inspection of the property to ascertain compliance with the provisions set forth herein and any other applicable regulations, including, but not limited to, property maintenance code(s), prior to the issuance or renewal of the zoning permit, as applicable.

(4) Each application for a zoning permit or renewal thereof shall note how many lodgers are permitted for short-term rental and require the applicant to submit proof of, and remain in constant compliance with, the following:

(a) An accurately drawn floor plan of the residence showing the number of bedrooms and location of smoke alarms and carbon monoxide detectors. Floor plans must show details for every level of the residence and any attached structures, and the location of windows and all interior and exterior doorways;

(b) In the case of a short-term lodging facility where the owner-occupant rents a specific bedroom accommodation, the floor plan must clearly designate bedrooms to be used for short-term lodging, which must be located within the principal single-family detached dwelling and not in an accessory building except where located within accessory structures existing as of August 7, 2010;

(c) Proof of personal injury and casualty insurance adequate to cover the use of the residence by transient visitors;

(d) Proof of registration of the lodging with Northampton County and payment of applicable lodging taxes;

(e) The requirements of the following performance standards.

C. Performance Standards. Any short-term lodging facility permitted pursuant to this section shall meet all of the following standards.

(1) The property shall remain residential with a single-family detached dwelling and permitted accessory structures as applicable.

(2) No more than six transient visitors shall be permitted at any short-term lodging facility at any time except for children under 16 years of age accompanying their parents.

(3) No more than two persons shall be permitted per room available to transient visitors, except for children under 16 years of age accompanying their parents.

(4) Off-street parking shall be provided as follows:

(a) One off-street parking space for each overnight guest bedroom, in addition to the two required parking spaces for a single-family detached dwelling;

(b) If more than four parking spaces are provided within 50 feet of any residential dwelling on a neighboring lot, the parking spaces shall be screened from view of any neighboring residence;

(c) Off-street parking shall be located in side or rear yards and shall be a minimum of five feet from any property line;

(d) Parking spaces shall be constructed pursuant to the Subdivision and Land Development Ordinance.[1]

[1] Editor's Note: See Ch. 22 of this Code.

(5) Nothing in this chapter shall allow the holder of the zoning permit for a short-term lodging facility to make the short-term lodging facility available for use by a transient visitor or guest for nonresidential purposes, such as, but not limited to, the lease or use of the property as reception space, party space, meeting space, office space or for other similar events open to the transient guests.

(6) A short-term lodging facility shall be either of the types set forth in Subsection 1.A., above, for the entire duration of the annual zoning permit unless a new zoning permit for a short-term lodging facility is obtained and all required fees are paid. No short-term lodging facility may change or mix the type of transient accommodation(s) during the effective annual period of the applicable zoning permit.

(7) There shall be no separate cooking facilities in any overnight guest room, however the owner may make kitchen and dining facilities and other common residential facilities available for the use of the transient visitors.

(8) The applicant shall prove to the satisfaction of the Township that any existing municipal or private sewer system or on-lot septic system can accommodate the maximum potential usage. The Township may require that a secondary tested site is available for a replacement system should the existing system fail.

(9) The short-term lodging facility shall not adversely affect the character of the surrounding area. Short-term rental may not generate noise, vibration, glare, odor or other effects that unreasonably interfere with a person's enjoyment of his or her neighborhood.

(10) The owner shall be responsible for the safety and welfare of all transient visitors and guests, preserving the peace and quiet of the community within which the short-term lodging facility is found from noises or disruptions caused by any transient visitor or guest, and for maintaining the property in accordance with all laws, regulations and ordinances, and promptly report those persons violating the same to the responsible Township official for enforcement purposes.

(11) There shall be no physical changes to the premises so that it no longer looks like a single-family detached dwelling, such as constructing a separate entrance for the use of the transient visitor or guest or installing a sign. The only exterior changes permitted to portions of buildings visible from a public street shall be for historic restoration, cosmetic repairs, or as may be required in compliance with the Township Building Code, by the Pennsylvania Department of Labor and Industry or for safety reasons, or as may otherwise be required by any governmental agency. All fire escapes, external stairways, or additional external doors as may be required shall be located either to the side or rear of the residence.

(12) All active recreation activities shall cease at dusk. Active outdoor recreation amenities, such as a swimming pool or tennis court, shall not be lit and the use of such amenities shall be limited to the hours of 9:00 a.m. to dusk.

(13) The use of any amenities, such as a swimming pool or tennis court, shall be restricted in use to overnight guests and permanent residents of the establishment and their occasional invited guests.

(14) All trash receptacles shall be screened from view from public streets and neighboring properties.

(15) The owner of the short-term lodging facility must maintain a ledger which details the length of stay of each transient visitor and present same to the Township zoning officer when requested.

(16) The owner of the short-term lodging facility must comply with any applicable local, county, state and federal laws and regulations regarding all applicable permits, including, but not limited to: Fire, Health, Safety and Building codes, and including payment of any applicable taxation.

D. Nothing in this section shall limit the right, power or jurisdiction of the Township to proceed against the owner or any transient visitor or guest under any applicable law, regulation or ordinance.

§ 27-1528 Special Event Venue.

[Ord. No. 2022-02, 7/11/2022]

1. A special event venue as defined in Part 2 shall be permitted, where approved as a conditional use, in any zoning district on properties of 20 acres or more, subject to the following standards.

A. Frequency/Size of Events. Special event venues may host indoor or outdoor events hosting up to 150 persons excluding employees and caterers, limited to no more than 18 days per year with up to two events on a single day and not on more than five days in any single month, except that events hosting not more than 50 persons shall not be limited as to days per month or year if meeting all other standards and held entirely indoors except for traffic control, parking, catering and temporary transportable sanitary facilities if required.

B. Hours of Operation. The hours of operation for any special event venue shall be limited to the hours of 9:00 a.m. Eastern Standard or Daylight Time to 10:00 p.m. Eastern Standard or Daylight Time, as applicable.

C. Indoor vs. Outdoor Venues/Locational Restrictions.

(1) A special event venue may operate outdoors or in temporary tents or canopies not less than 200 feet from any property line and 300 feet from any residential structure on any other property.

(2) A special event venue may utilize structures existing as of August 7, 2010, which may be functionally altered or renovated for such use where not less than 50 feet from any property line and 150 feet from any residential structure on any other property. Alteration and renovation of structures existing as of August 7, 2010, shall not increase the area in total square feet of such structures by more than 25%. Applicants proposing any structural expansion shall demonstrate, at the time of conditional use application, that such expansion reasonably conforms architecturally to the appearance of the pre-existing structure(s) or is necessary for compliance with applicable building codes or handicapped access requirements.

(3) The Township may require at the time of conditional use application that the applicant engage a professional structural engineer registered in the Commonwealth of Pennsylvania review the structural capacity of structures proposed for event use according to the proposed maximum occupancy (harmonic loads (dancing) are to be considered a factor) and submit to the Township the results of the review along with the recommended design to accommodate the proposed maximum occupancy.

D. Vehicular Access, Traffic Control and Parking.

(1) Applicant shall demonstrate, at the time of conditional use application, that any event hosting more than 50 persons shall have adequate traffic control including persons directing traffic entering and leaving the event and valet parking if deemed necessary. At least two days prior to the commencement of any such event, the Township and State Police shall be notified.

(2) Applicant shall demonstrate, at the time of conditional use application, that adequate parking is available. In addition to meeting the minimum parking requirements of this chapter for the applicable host property, there shall be: one space for each employee and one space for each two persons attending any event.

(3) Parking on grass or temporarily mowed meadows or fields absent of steep slopes, floodplain, wetlands, or riparian buffers may be permitted for an event. Paved parking on prime agricultural soils shall only be permitted to provide for required access and handicapped parking, except where existing at the time of application. Parking areas shall be substantially screened from view from residential structures within 300 feet on any other property and from view of the Delaware River Valley Scenic Byway where applicable, consistent with § 27-1408.

(4) Vehicular access to any special event venue shall not involve access via a driveway shared with any other property owner. Any access shall require PennDOT approval where applicable.

(5) Plans for vehicular access and parking areas shall be submitted to the Township for review and comment at least two weeks prior to the scheduled conditional use hearing.

E. Noise Control.

(1) Applicant shall agree that all applicable Township noise regulations shall be complied with as a condition of conditional use approval.

(2) The Board of Supervisors may require that any outdoor component of any event be limited to acoustical music only where within 300 feet of any residential structure on any other property. Sound amplification for a public address system used for normal voice amplification only shall be permitted outdoors where all other standards, including noise regulations, are complied with.

(3) Indoor music, public address systems, and entertainment may be amplified where entirely enclosed in an existing structure.

F. Water and Sewer Service. At the time of conditional use application, the applicant shall present documentation which shall be satisfactory to the Township that adequate water supply shall be provided and that existing sewage disposal system(s) shall be adequate to accommodate the increased flows from the special event venue, as well as the availability of sufficient backup area on the lot in accordance with applicable Pennsylvania DEP standards and regulations. If the system(s) is/are not adequate for the proposed use, the applicant shall demonstrate that portable facilities shall adequately be used to service the events.

G. Landowners and event sponsors, as applicable, shall comply with all federal, state and local requirements for the preparation, handling and serving of food and beverages (including any permits required for alcoholic beverages). Licensed caterers shall be engaged to serve catered meals and beverages to attendees at any special event venue.

H. The landowner or sponsor shall comply with all other applicable Township codes and regulations and applicable federal and state laws and requirements, including, but not limited to, Fire, Health, Plumbing and Building codes.

I. Required Event Contract. All events held at a special event venue shall require a contract between the owner/operator of the property and the host or sponsor of the event, acknowledging compliance with all applicable standards and such contract for each event shall be copied to the Township.

J. Impact Assessment. The Township may require that the conditional use application include the submission of an impact assessment report which shall evaluate the potential negative impacts the proposed special event venue may have on the character of the surrounding neighborhood and residential uses, with respect to such matters as parking, noise, lighting, views and anything else in the neighborhood which would be affected by the proposed use. The assessment report shall demonstrate how the potential negative impacts will be mitigated to normal levels experienced for uses permitted by right in the underlying zoning district of the subject property.

K. Support Services Costs. As part of the conditional use application, the Township may require the applicant to provide an itemized cost estimate for support services from police, fire, ambulance, and any other applicable personnel where any special event venue may host more than 100 persons at any one time. Where the special event venue is expected to host more than 100 persons at repeated events on an ongoing basis, the applicant shall provide such cost estimate(s) on an annualized basis.

(1) The landowner or sponsor holding any event shall be responsible to the Township for damages sustained to public property caused by participants during any event. Such additional costs and expenses shall be paid to the Township by the landowner or sponsor within five days of receipt of a bill.

(2) The landowner or sponsor also shall be responsible for the cost of any support services required, at the sole discretion of the Township, to address specific unanticipated circumstances occurring at the event or where the nature of the event is not consistent with the use of the special event venue as approved as a conditional use. Such unanticipated circumstances may include, but are not limited to, crowd control and emergency response. Such additional costs and expenses shall be paid to the Township by the landowner or sponsor within five days of receipt of a bill. The Township shall remit appropriate funds from such payment to other impacted providers of support services.

(3) No later than 10 days prior to a single special event hosting more than 100 persons, if occasional, or at the time of issuance or renewal of the annual use and occupancy certificate in the case of ongoing use of the special event venue, the landowner or sponsor shall provide financial security in a form acceptable to the Township in an amount equal to 100% of the estimated costs associated with necessary support services.

(4) After the conclusion of any single, occasional use of the special event venue hosting more than 100 persons, or at the time of renewal of the annual use and occupancy certificate, as applicable, the actual cost of the support services, including services arising for unanticipated circumstances, shall be calculated and either additional payment made to the Township within five days or excess security released by the Township to the landowner or sponsor, as applicable.

(5) The Township may, upon showing of good cause that certain conditions or requirements as herein set forth are not applicable or would cause an unreasonable burden upon the landowner or sponsor, modify the foregoing requirements after review of the circumstances presented by the landowner or sponsor for conditional use approval.

L. Annual Use and Occupancy Certificate.

(1) Upon compliance with all of the requirements of this section, the Township zoning officer shall be authorized to issue a use and occupancy certificate which shall be valid for a period of one year, subject to any required fees for such use and occupancy certificate that may be adopted by resolution of the Board of Supervisors having been paid, unless revoked sooner for violation of any of the provisions of this chapter. The use and occupancy certificate may be renewed annually, provided that the Township has inspected the facility and found it to be in compliance with the provisions of this section. In the event that the Township zoning officer determines a violation to exist, the use and occupancy certificate shall not be renewed until the violation is remedied.

(2) The landowner or sponsor shall be responsible for any professional fees incurred by the Township associated with the approval and use of the special event venue, including, but not limited to, fees billed by the Township solicitor and Township engineer. The Township shall be reimbursed for applicable fees prior to or at the time of issuance or renewal of the annual use and occupancy certificate.

§ 27-1529 Temporary Event.

[Ord. No. 2022-02, 7/11/2022]

1. Temporary events as defined in Part 2 shall be permitted in any zoning district subject to the following standards.

A. Zoning Permit Required.

(1) No landowner, sponsor, other person, association, firm, corporation, or other entity (hereinafter termed "sponsor") shall conduct any temporary event as defined in Part 2 without first having obtained a zoning permit from the Township.

(2) The sponsor shall submit an application for a temporary event zoning permit to the Township no less than 30 days prior to the subject event. The application shall include an itemized estimate of the cost of support services necessary to facilitate the temporary event, including any other information requested by the Township. The Township may waive the requirement of 30 days' advance notice for essentially spontaneous temporary events for celebrations important to the Township, the Commonwealth of Pennsylvania, or the nation.

(3) Township review of the application for a temporary event permit shall include evaluation of the proposed event based on the following criteria and factors:

(a) Is the proposed temporary event likely to have negative community or neighborhood impacts, including in regard to the location, timing, or duration of the event?

(b) Does the Township and available emergency service providers and/or the State Police have the ability to provide, if needed, the required support services regardless of who bears the cost?

(c) Does the proposed temporary event adversely affect the normal and necessary functions of public roads or the support services to the Township?

(d) Does the proposed temporary event conflict with any other proposed events or activities?

(4) Approval of a temporary event zoning permit shall be made by the Township zoning officer and shall include conditions requiring coverage of any costs for support services and/or anticipated impacts to public or private property or roadways, and any required fees for such zoning permit that may be adopted by resolution of the Board of Supervisors having been paid. If the Township via the Township zoning officer denies the temporary event zoning permit, the notification to the sponsor shall include the reasons for denial.

B. Regulations and Requirements.

(1) Approval to conduct a temporary event in accordance with this permit process and standards does not relieve the sponsor or any participants, including, but not limited to, peddlers, vendors, or exhibitors, from the responsibilities of applying for any other permits or licenses, complying with federal or state law, or meeting any other requirements of the Township's ordinances that may be applicable.

(2) All temporary event sponsors shall obtain liability insurance in the amount denoted on the application, which may change from time to time, with the Township named as an additional insured, or a larger amount in the discretion of the Township. The insurance shall satisfy all insurance requirements for the Township for holding the temporary event.

(3) All required permits, licenses, security deposits, fees, insurance policies or any other conditions indicated on the zoning permit shall be obtained no later than 10 days prior to the commencement of the temporary event.

C. Support Services and Damage Costs.

(1) The sponsor holding the temporary event shall be responsible to the Township for damages sustained to public property caused by participants during the event. Such additional costs and expenses shall be paid to the Township by the sponsor within five days of receipt of a bill.

(2) The sponsor also shall be responsible for the cost of any support services required, at the sole discretion of the Township, to address specific unanticipated circumstances occurring at the temporary event related to larger crowd numbers than projected by the sponsor, or where the nature of the event is not consistent with the temporary event as applied for by the sponsor. Such unanticipated circumstances may include, but are not limited to, crowd control and emergency response. Such additional costs and expenses shall be paid to the Township by the sponsor within five days of receipt of a bill. The Township shall remit appropriate funds from such payment to other impacted providers of support services.

(3) No later than 10 days prior to the commencement of the temporary event, the sponsor shall provide financial security in a form acceptable to the Township in an amount equal to 100% of the estimated costs associated with necessary support services, as set forth in the zoning permit.

(4) The sponsor also shall be responsible for any professional fees incurred by the Township associated with the review of the zoning permit application and plans for the temporary event, including, but not limited to, fees billed by the Township solicitor and Township engineer.

(5) At the close of the temporary event, the actual cost of the support services, including services arising for unanticipated circumstances, shall be calculated and either additional payment made to the Township within five days or excess security released by the Township to the sponsor.

(6) The Township may, upon showing of good cause that certain conditions or requirements as herein set forth are not applicable or would cause an unreasonable burden upon the sponsor, modify the foregoing requirements after review of the circumstances presented by the sponsor.

§ 27-1530 Temporary Structure or Use.

[Ord. No. 2022-02, 7/11/2022]

1. A temporary zoning permit may be issued by the Township zoning officer for structures or uses necessary during construction or other special circumstances subject to the following additional provisions.

A. The duration of such zoning permit shall be established by specific dates that will, in the judgment of the Township zoning officer, serve the intended purpose of the temporary structure or use, and be less than 180 consecutive days, except for construction and real estate offices as described in Subsection 1.C. below. The temporary zoning permit may be renewed or reissued for up to three consecutive or separate time periods.

B. Such structure or use shall be removed completely within 15 days after expiration of the zoning permit without cost to the Township.

C. Construction and real estate offices. A temporary zoning permit may be issued by the Township zoning officer for routine and incidental temporary offices, parking, and storage that are necessary as part of active construction on the same site or an adjacent lot, or for a temporary real estate office on a site where 10 or more dwelling units are actively being offered for sale. The duration of such zoning permit shall be issued for a period not to exceed one year, and may be renewed for one additional year if good cause is shown by the applicant in writing. After the first two years, a temporary use or structure shall only continue to be permitted under a temporary zoning permit if approval is received from the Zoning Hearing Board as a special exception.

D. The establishment, maintenance or operation of the temporary structure or use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working near the proposed use.

E. The temporary structure or use, as described, will not be significantly detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the community.

F. The standards for structure setbacks, heights, floor areas, parking, landscape areas, and other structure and property development standards that apply to the category of use of the zoning district of the subject property shall be met. However, the temporary use permit may authorize variation from the specific requirements as may be determined to be appropriate by the Township zoning officer. In making these determinations, the Township zoning officer shall take into consideration the short time period of the proposed temporary structure or use.

G. Site Plan. A scaled and dimensioned site plan showing the layout of the entire site of the temporary structure or use shall be submitted with the zoning permit application.

H. Statement From Owner. Prior to the issuance of a zoning permit for a temporary structure or use, the applicant shall present a statement from the owner of record of the land approving the application, accepting responsibility for the conditions of approval determined by the Township zoning officer as listed on the zoning permit, and accepting responsibility to ensure that the structure or use is removed after the zoning permit expires.

§ 27-1531 Terminal, Storage, Warehouse, or Transfer Facility.

[Ord. No. 2022-02, 7/11/2022]

1. Any terminal, storage, warehouse, or transfer facility shall comply with the following standards.

A. No terminal, storage, warehouse, or transfer facility or part thereof shall be located within 50 feet of a floodplain or wetland, or within 300 feet of a residential use or district or the right-of-way of the Delaware River Valley Scenic Byway.

B. The terminal, storage, warehouse, or transfer facility shall be located on and, if allowed by PennDOT, gain direct access from either a major collector or minor arterial road, as defined in the Lower Mount Bethel Comprehensive Plan, or a street in a proposed subdivision or land development plan which conforms to prevailing arterial or collector street design and improvement requirements.

C. The layout of improvements for any terminal, storage, warehouse, or transfer facility shall be such so as to provide for convenient forward movement of vehicles leaving and entering the site. If access is controlled by a gate, there shall be sufficient off-street standing and stopping areas for all vehicles entering and leaving the facility.

D. The terminal, storage, warehouse, or transfer facility shall provide spaces for overnight parking of tractor-trailer trucks for a minimum of 10 hours at the rate of one such overnight parking space for each 10, or fraction thereof, tractor-trailer parking spaces and loading docks collectively.

E. All parking, loading, maneuvering and storage areas shall be paved. No parking shall be permitted on any public right-of-way.

F. Buildings used for terminal, storage, warehouse, or transfer facility shall be limited to 150,000 square feet in gross area.

G. The terminal, storage, warehouse, or transfer facility shall be equipped with functioning and operable devices or equipment for the removal of snow and ice from the tops of trucks and trailers with flat roofs. The removal devices shall be of a type and kind which is generally accepted in the industry for this purpose. The removal devices or equipment shall be utilized on all trucks and trailers leaving the use site which have an accumulation of ice or snow on the top of them.

H. Functioning photovoltaic (solar) panels having contemporary power output levels shall be installed on any terminal, storage, warehouse, or transfer facility such that their total surface area is a minimum of 50% of the roof area, except to the extent the applicant can demonstrate a technical hardship (not caused or capable of correction by the applicant) with satisfying this requirement.

I. Screening and berming shall be required to address visual and noise impacts to nearby residential use(s), residential zoning districts, or to the Delaware River Valley Scenic Byway in accordance with § 27-1408 herein.

J. Facility Amenities. The terminal, storage, warehouse, or transfer facility shall provide amenities for the users of the facility, including the following:

(1) The terminal, storage, warehouse, or transfer facility shall provide access for all drivers and crews to sanitary facilities including a lavatory, and to a habitable room for the consumption of meals and beverages.

(2) At least one additional amenity such as showers, sleeping areas, entertainment area, etc., shall be provided for every terminal, storage, warehouse, or transfer facility with 30 or more loading docks. The size and quantity of such amenities shall be appropriate and proportionate to the number of loading docks.

(3) Electrical outlets and charging stations shall be provided for use by drivers and operators at each parking space dedicated to amenity use at the terminal, storage, warehouse, or transfer facility.

(4) Appropriate signage shall be provided at the terminal, storage, warehouse, or transfer facility to direct trucks to park in designated amenity parking spaces.

(5) Appropriate signage shall be provided at the terminal, storage, warehouse, or transfer facility prohibiting idling of trucks unless required for safety or weather-related reasons, in compliance with the 2008 Pennsylvania Diesel Idling Law.[1]

[1] Editor's Note: See the Diesel-Powered Motor Vehicle Idling Act at 35 P.S. § 4601 et seq.

§ 27-1532 Transitional Housing.

[Ord. No. 2022-02, 7/11/2022]

1. All transitional housing shall comply with the following standards, as applicable.

A. Transitional housing shall not be permitted within a 1,000-foot radius of another transitional housing facility in order to avoid concentration of such facilities and to prevent negative impacts on residential areas.

B. Transitional housing shall not exceed a maximum of five individuals. Support staff not residing at the facility shall be excluded from this maximum number.

C. Transitional housing shall only be permitted in single-family detached dwellings and shall comply with the applicable provisions of the Township Building Code.

D. The dwelling used for a transitional housing facility shall have no external alterations except as may be necessary for reasons of safety, including fire escapes. Such access shall be located to the rear of the building where practical. The applicant shall submit plans indicating exterior changes. All changes shall be easily converted to a typical residential use if the transitional housing ceases operation.

E. Transitional housing shall be provided with around-the-clock live-in supervision to ensure clients receive proper, professional care.

F. Transitional housing must be owned and operated by a group, organization, or corporation licensed by either the county or state. Proof of licensing shall be submitted with applications for a transitional housing facility. Proof of compliance with all applicable county or state regulations shall be furnished to the Township zoning officer prior to the granting of a zoning permit.

G. Upon the closing of a transitional housing facility, the dwelling shall be brought back to its original status as a single-family dwelling.

§ 27-1533 Transmission Pipelines and Associated Facilities.

[Ord. No. 2022-02, 7/11/2022]

1. The provisions of this section shall apply to any transmission pipelines six inches or greater in diameter and operating at a pressure of 500 pounds per square inch (p.s.i.) or greater, as well as any surface land uses affiliated with transmission pipelines including compressor stations, pumping stations, valve assemblies, control facilities or other surface land uses affiliated with transmission pipelines, as well as to the locations of proposed unaffiliated structures within proximity to transmission pipelines.

A. Purpose. The purpose of this section shall be to:

(1) Accommodate the need for transmission pipelines and surface land uses affiliated with transmission pipelines consistent with the desire to protect the health, safety and welfare of the citizens of the Township;

(2) Recognizing that it is impossible to eliminate risk entirely, this section is intended to minimize the likelihood of accidental damage to transmission pipelines due to external forces, such as construction activity and equipment;

(3) Minimize aesthetic, nuisance and visual impacts of surface land uses affiliated with transmission pipelines through proper design, siting and vegetative screening;

(4) Ensure that the location of transmission pipelines and surface land uses affiliated with transmission pipelines are in compliance with applicable government and industry standards, including standards administered by the Federal Energy Regulatory Commission (FERC), the Pennsylvania Oil and Gas Act (as amended), and Pennsylvania case law;

(5) Preserve the character of neighborhoods adjacent to surface land uses affiliated with transmission pipelines.

B. Use Provisions.

(1) Existing or proposed transmission pipelines and surface land uses affiliated with transmission pipelines shall be permitted as a principal use by right in the AP - Agricultural Preservation District and the I - Industrial Zoning District.

(2) Existing or proposed transmission pipelines and surface land uses affiliated with transmission pipelines shall be permitted as a principal use in all other zoning districts where underground pipelines exist as of the date of adoption of this section and where any proposed transmission pipeline or affiliated facility is located immediately adjacent to and along the route of an existing pipeline.

C. Setbacks.

(1) New residential buildings and all new commercial, and institutional uses other than those surface uses affiliated with transmission pipelines shall be set back a minimum of 400 feet from any existing or proposed transmission pipeline and any surface land uses affiliated with transmission pipelines.

(2) Unoccupied residential or nonresidential accessory uses, such as, but not limited to, detached garages, parking areas, barns, storage facilities or garden sheds, shall not be located within 200 feet of any pipeline or related surface land uses or other facility.

(3) Proposed transmission pipelines and associated facilities shall be set back a minimum of 400 feet from any existing principal residential, commercial, or institutional use and 200 feet from any unoccupied residential or nonresidential accessory uses except where located immediately adjacent to and along the route of an existing pipeline.

(4) All uses subject to the provisions of this section shall meet the dimensional requirements, including, but not limited to, area and bulk standards, of the underlying district. Where yard area or other setbacks of the underlying zoning district differ from the standards set forth herein, the larger of the setbacks shall apply.

D. Demonstration of Need. The applicant for a new transmission pipeline or any surface land use affiliated with transmission pipelines is required to demonstrate, using scientific and technological evidence, that the facility must be located where it is proposed in order to satisfy its function in the company's pipeline system and demonstrate that there is a need for this facility at the location where it will be located.

E. Standards.

(1) All uses subject to the provisions of this section shall comply with applicable provisions of the Lower Mount Bethel Township Act 167 Stormwater Management Ordinance,[1] the Lower Mount Bethel Township Subdivision and Land Development Ordinance,[2] and with applicable standards set forth in Part 14, Common Regulations, notably including standards for landscaping, noise, odor, parking, lighting and signage, except as otherwise provided herein.

[1] Editor's Note: See Ch. 23 of this Code.

[2] Editor's Note: See Ch. 22 of this Code.

(2) No activity or grading within the pipeline setback shall create permanent depressions or areas in which flammable or explosive materials may collect or accumulate; examples include but are not limited to grading for structures, stormwater management facilities or landscape beds. Furthermore, pipeline rights-of way shall be identified and protected during construction by erecting suitable temporary barricades (non-disturbance fencing or silt fencing) and posting notices on-site.

(3) Any applicant for transmission pipeline(s) or any surface land use(s) affiliated with any transmission pipeline shall include an emergency access plan for such facilities satisfactory to the Township and its respective emergency service providers.

(4) State and Federal Regulation. All applicants for other than structures unaffiliated with transmission pipelines, whether commercial pipeline companies or otherwise, must demonstrate the submission of sufficient filings and/or receive sufficient approvals, as required, through the Federal Energy Regulatory Commission (FERC), the Pipeline and Hazardous Materials Safety Administration (PHMSA), and the Commonwealth of Pennsylvania [the Pennsylvania Department of Environmental Protection (PADEP) and/or the Pennsylvania Public Utilities Commission (PA PUC)]. Such documentation is not required as part of any initial application to the Township, but must be included with the final as-built plans submitted upon approval by the Township.

(5) Signage. All signs, other than utility identification signs, appropriate warning signs, or owner identification signs, shall be prohibited along the route of any transmission pipeline. There shall be no antennas, advertising, or other items or material affixed to or otherwise placed on surface land uses affiliated with transmission pipelines, except as permitted by the Township.

(6) Additional Standards for Affiliated Surface Land Uses.

(a) Landscaping. The applicant shall provide a plan prepared by a landscape architect licensed in Pennsylvania showing landscaping, including fencing, proposed to be installed to screen, buffer and secure surface land uses affiliated with transmission pipelines. Vegetative screening shall be located outside the perimeter of the security fence and shall include a mix of native evergreens, shrubbery and trees, which shall not be less than the height of the fence and shall be of sufficient density to screen the facility. Existing vegetation in proximity to surface land uses affiliated with transmission pipelines shall be preserved to the greatest extent possible.

(b) Parking. If the surface land use affiliated with transmission pipelines is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of parking spaces shall be equal to the number of people on the largest shift. Parking spaces shall be located within the landscape buffer area so they are substantially concealed when viewed from surrounding properties.

(c) Lighting. No surface land use affiliated with pipeline utilities shall be artificially lighted except as required for emergency night time access. Any such lights shall be shielded so as to prevent intrusion upon nearby properties.

(d) Structural Design. The applicant proposing a surface land use affiliated with transmission pipelines shall demonstrate that the structure has been designed to blend in with or mimic existing structures in the landscape such as residential outbuildings, farm structures, or other uses permitted in the underlying districts.

F. Removal of Transmission Pipelines and Surface Land Uses Affiliated with Transmission Pipelines.

(1) Any transmission pipeline that is no longer licensed and active shall be removed or rendered permanently inactive with flowable fill within 180 days of the last date that the facility was licensed by the PADEP and FERC.

(2) Any surface land uses affiliated with transmission pipelines that are no longer licensed and active shall be removed and the site restored to its original condition at the owner's expense within 180 days of the last date that the facility was licensed by the PADEP and FERC.

(3) A bond or escrow account shall be posted with the Township in an amount sufficient to ensure any required removal and site restoration prior to the construction of any facility. The applicant shall have prepared and submit to the Township to accompany the bond or escrow account, an estimate of the cost necessary to remove the facilities and restore the site to its preconstruction condition where required.

§ 27-1534 Wireless Communication Facilities (WCFs).

[Ord. No. 2022-02, 7/11/2022]

1. Any WCF, including Wi-Fi, distributed antenna systems, small cell towers, devices, antennas, and accessory facilities shall comply with the following standards:

A. Purpose. The purpose of these regulations is to establish standards for the siting, design, permitting, and construction of WCFs, Wi-Fi, distributed antenna systems, small cell towers, devices, antennas, and accessory facilities. The Township desires to plan and accommodate for the managed deployment of infrastructure necessary to accommodate the communication needs of its residents, businesses and emergency service providers, while protecting the public safety through the standards set forth in this § 27-1534.

B. Conditional Use Approval. Where conditional use approval is required to permit a landowner or applicant to erect WCFs, WCF towers, DAS, accessory WCF equipment, WCF equipment compounds and wireless support structures as a principal use, where permitted in any base zoning district, in addition to the general requirements and approval procedures set forth in § 27-1715 and all applicable requirements set forth in this § 27-1534, the landowner or applicant, as applicable, shall comply with the following standards.

(1) All WCFs permitted by conditional use approval shall be located at least 500 feet horizontally from any principal residential structure and 300 feet from the Delaware River Valley Scenic Byway.

(2) The minimum horizontal separation distance between any WCF and any road right-of-way and/or property line shall be equal to 120% of the height of the proposed WCF.

(3) No part of any WCF shall be located within any road right-of-way;

(4) For all wireless support structures and WCF towers that are more than 40 feet in height, the landowner or applicant shall submit a soil report to the Township engineer verifying that the design specifications of the foundation for the wireless support structure and anchors are sufficient and structurally stable and in compliance with all federal, state and local ordinances, laws, regulations, codes and standards and include anticlimbing devices.

(5) Approval of any wireless support structures and WCF towers that are more than 40 feet in height shall be conditioned on the landowner or applicant providing, prior to issuance of a building permit, a certification from a licensed professional engineer that the wireless support structures and/or WCF tower have been designed to withstand the effects of wind according to the standards promulgated by the American National Standards Institute.

(6) In no event, shall the total height of a wireless support structure, WCF tower, or antenna, as applicable, exceed 120 feet in height.

(7) No WCF facilities shall be located on a lot that is less than two acres in size.

(8) Any conditional use application for a WCF and accessory facilities shall include submission of a landscaping and screening design complying with § 27-1408 to ensure that the WCF equipment compound, accessory WCF equipment or other equipment or any other accessory facilities on the ground are screened from public view.

(9) The landowner or applicant for a WCF and accessory facilities shall prove, to the reasonable satisfaction of the Board of Supervisors, at least one of the following:

(a) The applicant cannot adequately extend or infill its communication system by the use of other equipment installed on existing structures; or

(b) There is an actual gap in coverage of the existing communication system.

(10) The landowner or applicant for a WCF and accessory facilities shall prove, to the reasonable satisfaction of the Board of Supervisors, that the WCF must be located where it is proposed, with no other viable alternative location, and that the proposed height is necessary to serve the relevant service area;

(11) The landowner or applicant for a WCF and/or accessory facilities proposed to be located in the AP - Agricultural Preservation District, shall prove, to the reasonable satisfaction of the Board of Supervisors, that the WCF and/or accessory facilities will be located on the least agriculturally productive land, as ranked in § 27-404, Subsection 2.D.(2).

(12) Where a WCF and/or accessory facilities is/are located on a property with another principal use, the landowner or applicant shall present documentation to the Board of Supervisors that the property owner has granted an easement or license for the proposed WCF which shall include vehicular access to the equipment;

(13) The landowner or applicant shall demonstrate that it provided written notice of the proposed WCF (and shall include a copy of the conditional use application) to all owners of every property located within 500 feet of the property on which the proposed WCF is located, said written notice shall be provided on the same day that the conditional use application is submitted to the Township. Thereafter, at least 14 days prior to the conditional use hearing, the landowner or applicant shall provide written notice of the date and time of the hearing by certified mail, return receipt requested, to all owners of every property located within 500 feet of the property on which the proposed WCF is located and to any person who has made a timely request for notice. As part of the landowner's or applicant's presentation at the conditional use hearing, the landowner or applicant shall submit proof that notice of the conditional use hearing was provided as required by this section.

C. Co-location and Mounting. A landowner or applicant proposing to mount transmission equipment and/or antennas on an existing structure shall prove and/or submit the following: i) detailed construction and elevation drawings indicating how the transmission equipment and/or antennas will be mounted on the existing structure; ii) compliance with the building code; iii) the transmission equipment and/or antennas shall not increase the overall height of the existing structure by more than 20% of the height of the existing structure or 10 feet, whichever is greater; iv) the total amount of equipment that comprises the transmission equipment, antennas, and/or any accessory equipment will not exceed an increase of more than 20% of the existing cubic feet in volume. Notwithstanding the foregoing, the landowner or applicant shall be required to obtain a zoning permit and a building permit from the Township.

D. General Standards for All WCFs and Accessory Facilities, as Applicable.

(1) All wireless support structures, WCF towers and antennas shall comply with federal and state laws and regulations concerning aviation safety.

(2) All wireless support structures, WCF towers, and WCF equipment compounds shall be secured with a fence that has a minimum height of eight feet.

(3) Access to WCFs and accessory facilities:

(a) An access driveway, within an access easement as necessary, shall be provided to ensure adequate emergency and service access to all WCFs and accessory facilities;

(b) The required access driveway shall be a minimum of 10 feet in width, shall be improved with a dust-free, all-weather surface, such as gravel, and shall have minimal ground disturbance and cutting of vegetation;

(c) All WCFs and accessory facilities shall have at least two off-street parking spaces, which shall be improved with a dust-free, all-weather surface, such as gravel, and shall have minimal ground disturbance and cutting of vegetation;

(d) Collocated WCFs, where permitted as an accessory use, shall not require additional access and parking facilities if such facilities available at the principal use on site are adequate at the discretion of the Township.

(4) All WCFs shall employ stealth technology, subject to reasonable approval by the Board of Supervisors.

(5) Any landowner or applicant for a WCF or accessory facilities shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the amount of $1,000,000 per occurrence covering the WCF and its accessory facilities;

(6) Every applicant, landowner or operator of a WCF and/or its accessory facilities shall, at its sole cost and expense, execute an agreement, in a form reasonably satisfactory to the Township solicitor, wherein the applicant, landowner or operator agrees, at its sole cost and expense, to indemnify, defend and hold harmless the Township, its elected and appointed officials, employees, independent contractors, appointees, solicitors, engineers, representatives, insurers, agents, successors and assigns at all times against any and all claims, expenses, costs (including, without limitation, attorneys' fees and other costs and expenses incurred, including expert witness fees), losses, demands and damages 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 applicant, landowner or operator, its officers, agents, employees or contractors, arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the WCF and/or its accessory facilities.

E. Design, Construction and Operations.

(1) All WCFs shall be sited, designed, constructed, operated, inspected, maintained, repaired, modified, removed and replaced in strict compliance with the then-current applicable federal, state and local technical and safety codes, laws, ordinances and regulations.

(2) All WCFs shall be operated in accordance with all applicable FCC and other applicable rules and regulations regarding interference with public safety communications and/or the reception of broadband, television, radio or other communications services.

(3) All WCFs shall be designed to accommodate both the applicant's, landowner's or operator's antennas and comparable antennas for future users. As a condition of approval for all tower-based WCFs, the applicant, landowner or operator shall agree to i) allow other service providers to collocate antennas on the tower, subject to technological and economic feasibility; and, ii) allow emergency service responders (i.e., Township, fire company, EMS providers) to collocate antennas on the tower at no cost, subject to technological feasibility.

(4) All WCFs shall include a posted sign that is at least 12 inches by 24 inches. The posted sign shall be placed on the fence surrounding the wireless support structure and equipment compound. Such signage shall include the ownership, contact name and phone number in the event of an emergency and FCC registration number (if applicable). Such signage shall not include any commercial advertising and is subject to approval by the Township.

(5) Towers shall not be artificially lighted beyond what is required by then-applicable federal, state or local law.

(6) All WCFs shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repairs. Maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of Township residents. All maintenance activities shall utilized the best available technology for preventing failures and accidents.

(7) The Township reserves the right to inspect any WCF to ensure compliance with all local, state, and federal laws, ordinances, regulations, and statutes. 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 compliance.

F. Removal. If use of a tower-based WCF is planned to be discontinued, the landowner or operator shall provide written notice to the Township of its intent to discontinue the use and the date when the use will 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 equipment 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 any WCF and/or accessory equipment is not removed within six months of the cessation of the operations at a WCF site, or within any longer period approved by the Township, the WCF and accessory equipment may be removed by the Township and the cost of the removal assessed against the landowner and/or the owner or operator of the WCF;

(3) Any unused portions of tower-based WCFs, including antennas, shall be removed within six months of the time of cessation of operations. Any operation must seek Township approval of all replacements of portions of a tower-based WCF previously removed.