Township of Upper Nazareth, PA Part 4 ADDITIONAL REQUIREMENTS FOR SPECIFIC USES

§ 27-401 Applicability.

[Ord. No. 199, 1/15/2025]

1. This Part establishes additional specific requirements for certain specific uses, in addition to the sign, parking, environmental and other general requirements of this chapter, as amended, and the requirements of each district. Wherever two requirements conflict, the stricter requirement shall apply.

A. For uses allowed within a specific zoning district as "special exception" or "conditional" uses, see also the procedures and standards for said processes.

B. For the purpose of this Part, "Township" shall refer to the applicable body (Planning Commission, elected officials, and/or Zoning Hearing Board) associated with review of the particular use and its assignment as a permitted use by right, conditional use, and/or use by special exception.

§ 27-402 Additional Requirements for Specific Principal Uses and/or Accessory Uses.

[Ord. No. 199, 1/15/2025]

1. General. Accessory buildings, structures or uses that are clearly customary and incidental to a permitted by right, special exception or conditional use are permitted by right, except as is provided for in this chapter. A business shall only be conducted as an accessory to a dwelling if specifically permitted by this chapter.

2. Accessory Setbacks. The accessory setback requirements of the applicable district shall apply to every accessory building, structure, or use unless a standard that is clearly meant to be more restrictive or less restrictive is specifically stated in this Part for a particular accessory use. Accessory structure setback requirements shall not apply to fences or permitted accessory signs.

3. Front Yard Setback. No accessory structure, use or building shall be permitted in a required front yard in any district, unless specifically permitted by this chapter.

4. Adult Day Care Center.

A. The use shall comply with any applicable state and federal regulations, including having a Pennsylvania Department of Public Welfare (or its successor agency) registration certificate or license if required by such agency.

B. The use shall include constant supervision during all hours of operation.

C. The use shall not meet the definition of a "treatment center."

5. Age-Restricted Residential Development.

A. A minimum of one lot is required when units are in a condominium or planned community and where individual fee simple ownership is limited to the physical dwelling unit and common areas are owned by a condominium or homeowners' association.

B. An age-restricted residential development may be constructed using the increased density development criteria of this chapter.

6. Agriculture Supportive Industry/Service.

A. Agriculture supportive industry/services are only permitted on a lawfully existing lot with a minimum lot area of 25 acres in the TDI Field and Wood District and shall be accessory to an agriculture operation.

B. Agriculture supportive industry/services shall be conducted by a resident or owner of the property, his/her immediate family, and a maximum total of four other employees working on-site at one time, in addition to employees of the agricultural use. In addition, a barn that was constructed for agricultural purposes prior to the adoption of this section may be leased to a nonresident for a use meeting these standards.

C. To the maximum extent feasible, an agriculture supportive industry/services should use an existing building. Buildings that existed prior to the effective date of this section may be used for a farm-related business. Any new building constructed for a farm-related business and any new parking area for trucks shall be set back a minimum of 100 feet from any lot line of an existing dwelling, unless a larger setback is required by another section of this chapter. The total floor areas of all buildings used for a farm-related business shall not exceed 6,000 square feet. This 6,000 square foot limit shall only apply to buildings constructed after the effective date of this chapter. A farm-related business may also use buildings of any size that existed prior to the effective date of this chapter. The total area used by the farm-related business, including parking, shall not exceed three acres.

D. An agriculture supportive industry/service may include the following activities:

(1) Tree farms;

(2) Pumpkin patches;

(3) Corn mazes;

(4) Petting and feeding zoos;

(5) Hayrides;

(6) Orchards;

(7) Gardens;

(8) Farm equipment or farm vehicle repair;

(9) Occasional repair of one motor vehicle at a time, beyond those vehicles owned or leased by a resident of the property or his/her relative, but not including a junkyard, auto body shop or spray painting;

(10) Welding and custom machining of parts;

(11) Sale, processing, or mixing of seeds, feed, chemical fertilizers, or wood/leaves/bark compost;

(12) Construction tradesperson's headquarters;

(13) Small engine repair;

(14) Custom woodworking or wood refinishing;

(15) Custom blacksmithing or sharpening services;

(16) Rental storage of household items, vehicles, boats and building materials;

(17) Boarding of animals, not including a kennel or a stable (which are separate uses);

(18) Custom butchering, not including a commercial slaughterhouse or stockyard;

(19) Processing and storage of agricultural products;

(20) Sawmill;

(21) Commercial farm tourism and special events, such as farm tours and Halloween activities;

(22) See also "stable, non-household" and "retail sales of agricultural products," which are treated as separate uses; and/or

(23) Any similar activity, provided the Applicant can provide evidence to the Township that the related impacts are equal to or less than any activities listed above.

E. Applicants must identify in a sketch plan the location of the proposed activities, all farm-related buildings in support of the Agriculture Operation, all dwellings, existing and proposed driveways, access drives, parking areas, vehicle turnaround areas, location of applicable sanitary facilities (if required) and buffering and landscaping in accordance with Part 8.

F. A driveway occupancy permit must be approved by the township for access to township roads and must be reviewed by the Township for access to state roads.

G. Parking. Adequate off-street parking is provided, parking areas and driveways are treated as necessary to control dust and parking areas are screened from neighboring properties. No vehicles may be parked on adjacent shoulders of roads and, design of driveways and adequate sight distance to accommodate expected traffic must be provided.

H. Sanitary facilities shall be provided in accordance with PA DEP requirements.

I. All prepared food available for sale must be prepared in accordance with applicable federal, state, or local regulations.

J. The Applicant shall submit evidence that all state and federal requirements have been met prior to the issuance of a final occupancy permit. Applicants must consult with the Township to determine if a building permit is required for any building proposed as part of the agriculture supportive industry/service.

K. This subsection shall not regulate agricultural uses that are permitted under other provisions of this chapter.

L. All existing and new buildings shall maintain a residential or agricultural appearance, as viewed from a public street.

M. The use shall not involve the storage or use of highly hazardous, toxic, radioactive, flammable or explosive substances, other than types typically used in agriculture or a household.

N. The lot shall have provisions for trucks to turn around on the site without backing onto a public street. When special exception approval is required, the Township shall consider the suitability of the adjacent roads for the amount and weights of truck traffic that will be generated.

7. Animal Hospital.

A. Minimum lot area: One acre.

B. Any structure in which animals are treated or housed shall be a minimum of 30 feet from any residential lot line. Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be perceived within any adjacent dwellings.

C. Accommodations for animals undergoing treatment may occur as an accessory use. A kennel shall only be allowed if a kennel is permitted in that district and if the applicable requirements are met.

8. Antenna, Standard (includes amateur radio antenna).

A. Height. No standard antenna, including its supporting structure, shall have a total height above the average surrounding ground level of greater than 75 feet.

B. Anchoring. An antenna shall be properly anchored to resist high winds.

9. Any Residential Land Use Not Assigned Otherwise.

A. The impact of the proposed use on the adjacent properties, surrounding neighborhood, and/or environment shall remain equal to or less than any use specifically listed in the same Base Zoning District.

B. Any use shall be in conformance to the dimensional standards of the TD4 District.

10. Apartments. See "Townhouse and Multifamily (Apartments) Dwellings" in this section.

11. Assisted Living Facility/Personal Care Center. The standards for nursing homes in this section shall apply.

12. Auto Service/Repair Station.

A. All service and/or repair activities shall be conducted within an enclosed building.

B. All exterior off-street parking and storage areas shall be screened from adjoining residential uses and districts.

C. Service bay doors shall not face directly towards an abutting dwelling (not including a dwelling separated from the garage by a street).

D. Outside storage of more than one unlicensed vehicle is prohibited.

E. Any ventilation equipment outlets associated with the service/repair work area(s) shall not be directed toward any adjoining residential uses or districts.

F. All vehicles and machinery shall be repaired and removed from the premises within 60 days of repair completion.

G. The demolition or junking of vehicles and machinery is prohibited.

H. The applicant shall furnish evidence that the storage and disposal of materials will be accomplished in a manner that complies with state and federal regulations.

13. Auto, Boat or Mobilehome Sales.

A. No vehicle, boat or home on display shall occupy any part of the existing or future street right-of-way or required customer parking area. See buffer yard provisions in this chapter.

B. Any mobilehomes on a sales site shall meet the required principal building setbacks from the perimeter lot lines.

14. Auto/Truck/Body Collision Center/Repair Station.

A. All paint work shall be performed within a building, with a fume collection and ventilation system that directs fumes away from any adjacent dwellings. Outdoor major repairs (such as body work and grinding) and outdoor welding shall not occur within 250 feet of a "residential lot line."

B. All reasonable efforts shall be made to prevent or minimize noise, odor, vibration, light or electrical interference to adjacent lots. See standards in Part 5. See buffer yard requirements in this chapter.

C. Outdoor storage of motor vehicles shall not be within any required buffer yard or street right-of-way.

D. Overnight outdoor storage of "junk" other than permitted junk vehicles shall be prohibited within view of a public street or a dwelling.

E. Any "junk vehicle" (as defined by Part 2) shall not be stored for more than 20 days within view of a public street or a dwelling. A maximum of six junk vehicles may be parked on a lot outside of an enclosed building at any one time. Any junk vehicle stored outside overnight shall be screened from view of adjacent dwellings.

F. Service bay doors shall not face directly towards an abutting dwelling (not including a dwelling separated from the garage by a street) if another reasonable alternative exits.

15. Bed and Breakfast.

A. Bed and Breakfast as a Principal Use in TD4 Village Residential and TD6 Village Mixed Use.

(1) A maximum of six rental units shall be provided and no more than three adults may occupy one rental unit. Only one bed and breakfast shall be permitted per lot.

(2) One off-street parking space shall be provided for each bedroom, plus one off-street parking space for each employee at peak hour. To the maximum extent feasible, off-street parking spaces for the bed and breakfast shall be: (a) located either to the side or rear of the principal building and (b) screened from the street and abutting dwellings by landscaping. Off-street parking spaces shall be set back a minimum of 10 feet from lot lines.

(3) There shall not be any signs, show windows or any type of display or advertising visible from outside the premises, except for a single sign with a maximum sign area of eight square feet on each of two sides and with a maximum height of eight feet. No internal lighting of the sign shall be permitted.

(4) Within a residential district, the use shall have a residential appearance and character.

(5) The use shall be owned, operated or managed by permanent residents of the lot.

(6) There shall not be separate cooking facilities in any guest room. Food shall only be served to guests who are staying overnight, unless a restaurant is also permitted.

(7) No guest shall stay for more than 14 days in any month.

16. Betting Use.

A. Shall be located abutting an arterial or collector street.

B. Minimum building setback from the lot line of any place of worship/place of assembly or residential zoning district: 250 feet.

17. Beverage Distribution.

A. Parking and traffic flow associated with deliveries shall be positioned so as to minimize any conflicts between customer and business operations on site and any adjacent right-of-way.

B. Any site development, no matter if indoor or outdoor, shall ensure the following be designed, placed and positioned so as to uphold the continued health, safety and general welfare of any surrounding land uses, including but not limited to residential land uses:

(1) Hours of operations;

(2) Dumpsters;

(3) Outdoor seating;

(4) Areas designated for the serving and/or entertainment of customers;

(5) Parking shall include one space per 200 square feet of customer sales area and one space per peak hour employee.

18. Bus Station or Taxi Terminal.

A. A Circulation and Parking Plan shall be submitted for Township review and approval.

19. Campground.

A. Within a residential district, for each acre of total lot area, there shall be a maximum average of: (a) five recreational vehicle sites (where allowed); (b) 10 tent sites; or (c) cabin sleeping capacity for 20 persons. Such sites may be clustered in portions of the tract.

B. Retail sales shall be allowed as an accessory use. Within a residential district, any store shall be limited to sales of recreational, household, food, gift, and camping items. Within a residential district, any store shall be primarily intended to serve persons camping on the site.

C. All campsites, recreational vehicle sites, and principal commercial buildings shall be set back a minimum of 75 feet from any contiguous lot line of an existing dwelling that is not part of the campground or camp. Within this buffer, the applicant shall prove to the maximum extent feasible that any existing healthy trees will be maintained and preserved. Where healthy mature trees do not exist within this buffer, and if practical considering soil and topographic conditions, new trees shall be planted within this buffer.

(1) The screening of evergreens provided between business and residential uses is not required if the tree buffer would essentially serve the same purpose, or if removal of mature trees would be needed to plant the shrubs.

(2) Removal of trees within this buffer shall be only allowed for a necessary crossing of a street (which shall be generally perpendicular to the buffer), stormwater channel, driveway, and utility and to provide safe sight distance.

D. Buildings used for sleeping quarters shall not be within the 100-year floodplain.

E. No person other than a bona-fide resident manager/caretaker shall reside on the site for more than six months in any calendar year. No recreational vehicle shall be occupied on the site for more than six months in any calendar year by any one individual or one family, other than a resident manager/caretaker.

20. Car Wash.

A. Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets. On-lot traffic circulation channels and parking areas should be clearly marked.

B. Adequate provisions shall be made for the proper and convenient disposal of refuse. The applicant shall provide evidence that adequate measures will be in place to prevent pollutants from being washed into the groundwater or waterways. Any chemicals or polluted runoff that may be hazardous to aquatic life shall be stored within an area that will completely contain any leaks, spills, or polluted runoff.

C. When adjacent to a residential use(s), all equipment related to the operation of the car wash shall be screened with a bufferyard a minimum of 15 feet wide and including a combination of deciduous and evergreen trees, shrubs, and groundcover.

D. Water from the car wash operation shall not flow onto sidewalks or streets.

E. Any car wash that is located within 250 feet of an existing dwelling shall not operate between the hours of 10:00 p.m. and 7:00 a.m.

F. No portion of a car wash shall be located within 100 feet from the center line of a perennial waterway.

G. Minimum lot area: five acres, which shall be reduced to one acre if the applicant proves that water used in the operation will be recycled on site.

21. Child Care Center as a Principal Use.

A. The use shall comply with any applicable state and federal regulations, including having an appropriate Pennsylvania Department of Public Welfare (or its successor agency) registration certificate or license.

B. Convenient parking spaces within the requirements of Part 6 shall be provided for persons delivering and waiting for children.

C. In residential districts, where permitted as a principal use, a day care use shall have a minimum lot area of 30,000 square feet and a minimum setback for buildings and outdoor play areas of 25 feet from an abutting "residential lot line."

D. Fencing of at least four feet in height shall be placed around outdoor play areas.

E. In residential districts, any permitted day care use shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood.

F. A child care center may occur in a building that also includes permitted or nonconforming dwelling units.

G. See also the standards for a "place of worship" in this section, which allows a child care center as an adjunct use.

22. Child Day Care, as Accessory to a Dwelling.

A. The dwelling shall retain a residential appearance with no change to the exterior of the dwelling to accommodate the use, other than cosmetic improvements.

B. The use shall be actively operated by a permanent resident of the dwelling.

C. Exterior play area shall be available and in accordance with the PA Department of Public Welfare.

D. See also "child care center" as a principal use, and day care as accessory to a place of worship.

E. The use shall comply with any applicable state and federal regulations, including having a Pennsylvania Department of Public Welfare (or its successor agency) registration certificate or license if required by such agency.

23. Commercial Communications Antennas/Tower as Principal or Accessory Use.

A. Purposes. These provisions for commercial communications antenna/ towers are primarily designed to serve the following purposes, in addition to the overall objectives of this chapter:

(1) To protect property values.

(2) To minimize the visual impact of antenna/towers, particularly considering the importance of the scenic beauty of the area in attracting visitors for outdoor recreation.

(3) To minimize the number and heights of towers in a manner that still provides for adequate telecommunications services and competition.

B. An accessory commercial communications antenna shall be permitted by right in any district if it meets the following requirements:

(1) In a district other than a commercial or industrial district, the antenna shall extend a maximum of 20 feet beyond the existing structure to which it is attached. The antenna shall be attached to one of the following existing lawful structures:

(a) A principal agricultural building or silo.

(b) An electric high voltage transmission tower.

(c) An existing lawful commercial communications tower.

(d) A fire station or steeple or bell tower of a place of worship.

(e) A water tower.

(2) In a commercial or industrial district, the antennas shall extend a maximum of 40 feet beyond an existing building or structure (other than a dwelling), provided the antenna is set back a distance equal to its total height above the ground from any lot line of a dwelling on another lot.

C. Any commercial communications antenna/tower that does not meet requirements above (such as a new freestanding tower) shall only be allowed where specifically authorized and in compliance with the following additional regulations:

(1) Such antenna/tower shall be set back from all lot lines and street rights-of-way a distance that is greater than the total height of the antenna/tower above the surrounding ground level. The Board of Supervisors may permit an easement arrangement to be used without meeting the setback requirement from the edge of the leased area, provided that there are legal safeguards to ensure that the setback will continue to be met over time from a lot line.

(2) A new tower, other than a tower on a lot of an emergency services station, shall be set back the following minimum distance from any existing dwelling-300 feet plus the total height of the tower above the surrounding ground level.

(3) A tower attached to the ground shall be surrounded by a security fence/gate with a minimum height of eight feet and evergreen plantings or preserved vegetation with an initial minimum height of four feet.

(4) The applicant shall provide a written statement sealed by a professional engineer stating that the communications antenna/tower will meet the structural and wind resistance requirements of the Construction Code [Ordinance 98, as amended].[1]

[1] Editor's Note: See Ch. 5, Part 1, Uniform Construction Code.

(5) The applicant shall describe in writing the policies that will be used to offer space on a tower to other communications providers, which shall serve to minimize the total number of towers necessary in the region. This policy shall be designed to minimize the total number of towers necessary in the Township.

(6) An applicant for a new commercial communications tower shall provide evidence to the Board of Supervisors that they have investigated co-locating their facilities on an existing tower and other tall structures and have found such alternatives to be unworkable. The reasons shall be provided.

D. A maximum total height of 200 feet above the ground shall apply in a commercial and industrial district and 150 feet in any other district where it may be allowed unless the applicant proves to the Township as a conditional use that a taller height is absolutely necessary and unavoidable.

E. The application shall describe any proposed lighting. The Township may require lighting of an antenna even if it will not be required by the Federal Aviation Administration. Such lighting is intended to provide protection for emergency medical helicopters. Strobe lighting shall not be used, but flashing lights may be used.

F. A new tower shall be designed in a manner that minimizes its visual intrusiveness and environmental impacts to the maximum extent feasible. For example, monopole designs or designs worked into a flagpole are preferred over lattice designs. Self-supporting towers are preferred over towers with guy wires that would require removal of larger numbers of trees.

G. A tower/antenna that is intended to primarily serve emergency communications by a Township-recognized police, fire, or ambulance organization, and is on the same lot as an emergency services station, shall be permitted by right. Such towers/antennas may also serve commercial purposes.

H. Any antenna and tower that is no longer in active use shall be completely removed within six months after the discontinuance of use. The operator shall notify the Township in writing after the antenna or tower use is no longer in active use. Any lease shall require such removal by the owner of the antenna/tower. Any lease should provide that the lease shall expire once the antenna/tower is removed. The Township may require that a financial guarantee be posted to pay for removal of the tower if the Township determines such guarantee is needed.

I. All accessory utility buildings or cabinets shall: have a maximum total floor area of 400 square feet, which may be divided among adjacent buildings serving separate companies, have a maximum height of 10 feet and meet principal building setbacks.

J. No new or existing antenna shall cause interference with public safety telecommunications. The Township may require the applicant for a new commercial communications tower to submit a study by a radio frequency engineer or other qualified professional to analyze the threat of interference.

24. Commercial Outdoor Recreation.

A. Exterior lighting shall not pose a navigation hazard and shall comply with United States Federal Aviation Administration (FAA) guidelines or standards.

B. Exterior lighting for parking visible from adjacent residences shall be reduced to 50% of its permitted luminosity between 11:00 p.m. and 6:00 a.m.

C. Service area maintenance areas/facilities and dumpster areas shall be screened from adjacent dwellings with a minimum height of eight feet. Screens shall be constructed as an earth berm, landscaped bufferyard, fence, or wall and shall have a minimum opacity of 80%.

25. Convenience Store with Fuel/Energy Recharge.

A. All activities except those to be performed at the fuel pump, energy recharge unit, or air pumps shall be performed within a building. The use shall not include spray painting.

B. Fuel pumps-shall be at least 25 feet from the existing street right-of-way and shall meet side yard principal building setback requirements.

C. Dumpsters shall be placed behind or on the side of the principal building, if screening is provided.

D. Canopy Structures. A canopy shall be permitted over all fuel pumps with a minimum front yard setback of 20 feet from each street right-of-way line.

(1) A maximum of two canopy structures shall be permitted.

(2) Such canopy may be attached to the principal building. The canopy shall not include any signs, except for the following: (a) a sign may be attached to each of two sides of the canopy in place of an allowed freestanding sign; (b) an allowed wall sign may be placed on a portion of the canopy that is behind the minimum front yard setback line; and (c) necessary warning signs.

(3) Within the minimum front yard building setback, the distance between the ground level and the bottom of the canopy shall not be greater than 20 feet. Parts of a sloped canopy may have a taller height if the purpose of the taller height is to deflect soot and glare away from the street or neighboring properties.

E. Fuel tanks and dispensers and ventilation equipment shall be setback a minimum of 100 feet from the lot line of any residential or institutional use (such as a school or nursing home). Fuel dispensers shall be set back a minimum of 30 feet from the existing street right-of-way line.

26. Concentrated Animal Feeding Operation (CAFO) or Concentrated Animal Operation (CAO).

A. All concentrated animal operations and concentrated animal feeding operations are subject to regulations enforced by the State Conservation Commission (SCC) and the Pennsylvania Department of Environmental Protection, pursuant to its authority under the Nutrient and Odor Management Act and the Clean Streams Law, respectively,[2] and its regulatory schemes. An applicant shall provide proof of compliance with all applicable state law, pending approval by the Township when such proof has been provided.

[2] Editor's Note: See 3 Pa.C.S.A. § 501 et seq., and 35 P.S. § 691.1 et seq.

27. Contractor Office/Yard.

A. Outdoor Storage Areas.

(1) Access to and from any outdoor storage areas on a lot shall be paved or graveled to prevent any residual dust, dirt, or debris from spilling into public rights-of-way.

(2) Where adjacent to a residential lot, a 25-foot landscape buffer in accordance with § 27-605 shall be placed parallel to the entire adjoining residential lot line.

28. Cultural/Community Center.

A. All parking shall be contained on the lot with the principal building.

29. Dormitory.

A. The facility shall have its principal traffic access to a public street with sufficient capacity to handle the traffic generated by the proposed use or shall provide improvements to meet such capacity.

B. Vehicular circulation on the site shall provide adequate areas for the safe and convenient pick-up and drop-off of residents/guests.

C. The use shall not exceed the density (dwelling units per acre of lot area) of the base zoning district in which it is proposed. Every four bedrooms within the facility shall be considered equivalent to one dwelling unit for the purposes of density calculations.

D. Delivery and service areas shall be obscured from the view of adjacent residential properties by fencing, decorative walls or planted screening, as approved by the Board of Supervisors.

E. Adequate fire lanes shall be provided between structures and approved by the Fire Chief. Building construction shall comply with all applicable health and safety codes of the county, state and federal governments.

F. Exterior lighting for parking areas shall be reduced to 50% luminosity after 10:00 p.m.

G. Off-street parking shall be screened with an earth berm, landscaped buffer yard, fence or wall with a minimum height of four feet and a minimum opacity of 80%.

H. Dumpsters shall not be located in a front yard and shall be screened with a fence or wall with a minimum height of eight feet and a minimum opacity of 80%.

30. Drive-In Theater.

A. Any structure used for the display of motion pictures shall face the rear of the lot and shall be oriented in a manner that does not create a direct sightline to any oncoming traffic on all roads.

B. The applicant must demonstrate that a structure dedicated to entry ticket sales will be constructed and situated on the lot.

C. The applicant must demonstrate the location of a paved or graveled access drive leading up to the structure dedicated to entry ticket sales, where at least two rows of 10 cars each can line up within the boundaries of the lot.

31. Drive-Through Facilities.

A. The proposed traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.

B. On-lot traffic circulation and parking areas shall be clearly marked.

C. A drive-through use shall be designed with space for an adequate number of waiting vehicles while avoiding conflicts with traffic onto, around and off of the site. Any drive-through facilities shall be designed to minimize conflicts with pedestrian traffic.

32. Dwelling, Single-Family Detached.

A. To understand the scale of proposed impact on prime agricultural soils within the Agricultural Conservation District, the location(s) of existing prime agricultural soils shall be mapped and submitted as part of any application. A calculation of (existing) pre-development and (proposed) post-development impact, as a percentage basis, shall also be noted on application exhibits.

33. Electric Vehicle Charging Station.

A. All parking spaces dedicated to electric vehicle charging facilities shall comply with the standards within Part 6, Off-Street Parking and Loading.

34. Emergency Services. The following uses shall be allowed as accessory uses to the principal use of a fire company station: a banquet hall, small games of chance allowed under state law, and facilities for periodic special events.

35. Engineering/Testing Facility or Laboratory.

A. Any outdoor storage conducted on the lot shall comply with the regulations for outdoor storage as stipulated by the Ordinance.

B. Hours of operation and activities must be scheduled to protect the operation of the surrounding neighborhood from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.

C. An inventory of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases, or solids shall be updated annually and filed with the local fire department and 911 service.

36. Fences and Walls.

A. Fences and walls are permitted by right in all districts. Any fence or wall shall be durably constructed and well-maintained. Fences that have deteriorated shall be replaced or removed. A fence shall not be required to comply with minimum setbacks for accessory structures.

B. No fence, wall, plantings, or structure shall obstruct the sight distance requirements of the Township.

C. Fences.

(1) Front Yard. Any fence located in the required minimum front yard of a lot in a residential district shall:

(a) Be an open-type of fence (such as picket, wrought iron, vinyl post, chain-link or split rail) with a minimum ratio of 1:1 of open to structural areas.

(b) Not exceed four feet in height. A taller height may be approved by the Township if necessary to contain animals or to address a specific hazard, such as an electric transformer.

(c) Shrubs in the front yard setback, placed in a manner to create a visual barrier, shall not be permitted.

(2) On a corner lot, a fence or wall shall meet the same requirements along both streets as would apply within a minimum front yard. However, a fence that only extends behind the rear of a dwelling may have a maximum height of 6.5 feet along one of the streets, other than the street that is along the front of the dwelling.

(3) Height.

(a) A fence located in a residential district in a location other than a required front yard shall have a maximum height of 6.5 feet, except a maximum of height of 10 feet shall be allowed around a tennis court (provided it is outside of the minimum front yard) and a taller height may be allowed where the applicant proves to the Township that such taller height is necessary to protect public safety around a specific hazard.

(b) A fence in the minimum front yard that is not within a residential district shall have a maximum height of four feet.

(c) A fence located in a nonresidential district shall not exceed eight feet in height.

(4) Setbacks. No fence shall be built within an existing street right-of-way nor within one foot of a side and a rear lot line nor within one foot of any easement line. placement of fence posts transversely crossing said easement may need to bridge existing utilities and are subject to review and approval by the Township Engineer. In such cases, Applicant shall sign an affidavit of understanding that in the event the fence must be removed for access to the easement, the homeowner shall be responsible for the cost of its removal and replacement. Property owners are encouraged to incorporate removable panels or double doors providing a 10-foot-wide opening for fence sections transversally crossing said easement. A five-foot minimum setback shall also apply for a fence of a principal nonresidential use that is more than six feet in height and that is adjacent to a principal residential use.

(5) Fence Materials. Barbed-wire shall not be used as part of fences around dwellings in residential districts. Electrically charged fences shall only be used to contain farm animals and shall be of such low intensity that they will not permanently injure humans. No fence or wall shall be constructed out of fabric, junk, junk vehicles, appliances, drums, or barrels.

D. Walls.

(1) Engineered retaining walls necessary to hold back slopes are exempted from setback regulations and the regulations of this section and are permitted by right as needed in all districts. However, if a retaining wall is over eight feet in height, it shall be set back a minimum of 15 feet from a lot line of an existing dwelling.

(2) No wall greater than three feet shall be located in the required front yard in a residential district, except as a backing for a permitted sign as permitted.

(3) A wall in a residential district outside of a required front yard shall have a maximum height of three feet if it is within the minimum accessory structure setback.

(4) Walls that are attached to a building shall be regulated as a part of that building.

(5) Shrubs in the front yard setback exceeding four feet shall constitute a wall.

E. For the purposes of privacy, shrubs may be planted in equivalent dimension, height, and location to the provisions outlined above for fences and walls.

37. Garage Sale (includes yard sale, moving sale and porch sale).

A. See definition in Part 2. A garage sale shall not include wholesale sales, nor sale of new merchandise of a type typically found in retail stores.

B. Each dwelling may have garage sales on a maximum of six total days per calendar year, with no sale lasting more than two days.

C. The use shall be clearly accessory to the principal use.

D. No outdoor storage shall be permitted when the sale is not in operation.

E. No alcoholic beverages shall be offered for sale at a garage sale.

F. Garage sale signs shall have a maximum sign area of two square feet, shall not be placed more than three days before the sale, and shall be removed within 24 hours after the conclusion of the garage sale.

38. Group Home. Unless otherwise regulated by the Commonwealth of Pennsylvania, group homes are permitted within a lawful dwelling unit, provided the following additional requirements are met:

A. A group home shall not include any use meeting the definition of a "treatment center."

B. A small group home shall include the housing of a maximum of six unrelated persons, and a large group home shall include the housing of a maximum of 12 unrelated persons, except:

(1) If a more restrictive requirement is established by another Township Ordinance.

(2) The number of bona-fide paid professional staff shall not count towards such maximum.

(3) As may be approved by the Township.

C. The facility shall have adequately trained staff supervision for the number and type of residents. If the staffing of the facility has been approved by a state or county human service agency, then this requirement shall have been deemed to be met.

D. The applicant shall provide evidence of any applicable federal, state or county licensing or certification to the Township.

E. The group home shall register in writing its location, general type of treatment/care, maximum number of residents and sponsoring agency with the Township. The applicant shall notify the local ambulance and fire services of the presence of the group home and the type of residents.

F. If a group home is in a residential district, an appearance shall be maintained that is closely similar to nearby dwellings, and no sign shall identify the use.

G. The persons living on site shall function as a common household unit.

H. An off-street parking space shall be provided for the largest vehicle that serves the use.

I. The building shall have lighted exit lights, emergency lighting and inter-connected smoke alarms.

39. Home-Based Business, Low Impact.

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

B. No more than one person, other than the occupants of the dwelling unit, shall be employed and work at the low-impact home-based businesses.

C. There shall be no outside appearance of a business use, including, but not limited to, parking, lights, and exterior storage of materials. Signage shall be provided in accordance with the Attachment 2 to this chapter.

D. The production and sale of retail goods shall be limited to value-added products derived from farm products and other natural/organic resources, such as wood or stone.

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

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

G. A maximum of 25% of the floor area of the dwelling unit may be devoted to a low-impact home-based business.

H. A low-impact home-based business shall be carried on completely within the dwelling unit, or a completely enclosed permitted accessory structure, such as a shed or detached garage.

I. The business may not involve any illegal activity.

40. Home-Based Business, No Impact.

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

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

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

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

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

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

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

H. The business may not involve any illegal activity.

41. Home Occupations.

A. All home occupations shall meet the following requirements:

(1) The use shall be conducted primarily by a permanent resident of the dwelling and involve a maximum of one person working on site at any one time who does not reside within the dwelling. A maximum of one nonresident employee shall visit the property on a daily basis or operate a vehicle based at the property.

(2) The use shall be conducted indoors. No outdoor storage or display related to the home occupation shall be permitted. No changes shall occur to the exterior of a building that would reduce its residential appearance as viewed from a street.

(3) The use shall occupy an area that is not greater than 25% of the total floor area of the principal dwelling unit. The use shall clearly be secondary to the residential use.

(4) One off-street parking space shall be required per nonresident employee. In addition, for a home occupation, the Township shall require additional off-street parking if the Township determines it is necessary for customer parking.

(5) The use shall not require routine delivery by tractor-trailer trucks.

(6) The regulations regarding parking of trucks shall apply to a home occupation. No excavating equipment shall be parked overnight on a residential lot or an adjacent street as part of a home occupation.

(7) No equipment or machinery shall be permitted that produces noise, noxious odor, vibration, glare, electrical or electronic interference detectable on another property. The use shall not involve the storage or use of hazardous, flammable, or explosive substances, other than types and amounts typically found on a residential property. The use shall not involve the storage or use of "toxic" or "highly hazardous" substances.

(8) A home occupation shall not be conducted in a manner that is perceptible to other residents between the hours of 9:00 p.m. and 7:30 a.m.

(9) Any tutoring or instruction shall be limited to a maximum of three students at a time.

(10) A barber or beauty shop shall not include any nonresident employees.

(11) The main office of a medical doctor, chiropractor or dentist shall not be permitted as a home occupation.

(12) A home occupation may include a single one square foot nonilluminated sign, as permitted by Part 7. The sign shall have a maximum height above the ground of six feet and may be attached to a building or a pole. The sign shall not be allowed within the street right-of-way.

(13) The Township shall deny a home occupation application, or limit its intensity through conditions, if the Township determines the use would be too intense for the proposed location. In making such determination, the Township shall review the likely amounts of traffic, the types of deliveries needed, the types of operations involved and related nuisances, the amount of off-street and on-street parking that is available, the density of the neighborhood, whether the use would be adjacent to another dwelling, and setbacks from other dwellings.

(14) The use shall not involve manufacturing, other than of custom crafts and sewing. The use shall not involve commercial repair of motor vehicles.

(15) The use may include sales using telephone, mail order, or electronic methods. On-site retail sales shall be prohibited, except for sales of hair care products as accessory to a barber/beauty shop.

(16) If more than one home occupation is accessory to a dwelling, the total aggregate impact of the home occupations shall be considered in determining compliance with this chapter.

(17) A zoning permit shall be required for a major home occupation.

B. In addition to the requirements listed above, the following additional requirements shall apply to a "minor home occupation:"

(1) The use shall not routinely involve routine visits to the home occupation by customers or more than one nonresident employee at a time.

(2) The use shall only involve the following activities:

(a) Work routinely conducted within an office.

(b) Custom sewing and fabric and basket crafts.

(c) Cooking and baking for off-site sales and use.

(d) Creation of visual arts (such as painting or wood carving).

(e) Repairs to and assembly of computers and computer peripherals.

(f) A construction tradesperson, provided that no nonresident employees routinely operate from the lot.

42. Junkyard (includes automobile salvage yard).

A. Storage of garbage or biodegradable material is prohibited, other than what is customarily generated on site and routinely awaiting pick-up.

B. Outdoor storage of junk shall be at least: (1) 100 feet from any residential lot line; and (2) 50 feet from any other lot line and the existing right-of-way of any public street.

C. The site shall contain a minimum of two exterior points of access, each of which is not less than 20 feet in width. One of these accesses may be limited to emergency vehicles. Cleared driveways with a minimum width of 15 feet shall be provided throughout the entire use to allow access by emergency vehicles. Adequate off-street parking areas shall be provided for customers.

D. Outdoor storage shall be completely enclosed (except at approved driveway entrances) by a 40-foot-wide buffer yard which complies with § 27-803, unless such storage is not visible from an exterior lot line or street. The initial height of any evergreen planting shall be six feet. Secure fencing with a minimum height of eight feet shall be provided and well-maintained around all outdoor storage areas. Such fencing shall be provided inside of the evergreen screening.

E. Burning or incineration is prohibited.

F. See the noise or dust regulations of Part 5.

G. All gasoline, antifreeze and oil shall be drained from all vehicles and properly disposed of. All batteries shall be removed from vehicles and properly stored in a suitable area on an impervious and properly drained surface.

H. Lot area: five acres minimum; 20 acres maximum.

I. Tires. See the "outdoor storage and display" standards.

J. Any storage of junk shall be maintained a minimum distance of 50 feet from the 100-year floodplain of any waterway and shall be kept out of a drainage swale.

K. Where a junkyard is regulated by both this chapter, as amended, and another ordinance, as amended, and/or chapter of the codified ordinances, as amended, of the Township, the provision that is more restrictive upon the junkyard use shall apply.

43. Kennel/Cattery.

A. All buildings in which animals are housed (other than buildings that are completely soundproofed and air conditioned) and all runs outside of buildings shall be located at least 150 feet from all "residential lot lines." This 150-foot setback shall be increased to 200 feet if more than 20 animals are kept overnight on the lot and be increased to 250 feet if more than 50 animals are kept overnight on the lot.

B. Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be heard within any principal building on another lot.

C. No animal shall be permitted to use outdoor runs from 9:00 p.m. to 8:00 a.m. that are within 250 feet of an existing dwelling. Runs for dogs shall be separated from each other by visual barriers a minimum of four feet in height, to minimize dog barking.

D. See Commonwealth of Pennsylvania Department of Agriculture Act 18 (PA Dog Laws), as amended.[3]

[3] Editor's Note: See 3 P.S. § 459-101 et seq.

E. Minimum lot area: five acres, unless a larger lot area is required by another section of this chapter.

44. Livestock and Poultry, Raising of.

	Raising of Livestock or Poultry
Max. Building Coverage	10%
Max. Impervious Coverage	20%
Minimum Lot Area	5 acres
Min. Lot Width at Min. Building Setback Line (feet)	300
Max. Building Height (feet)	35
Min. Yards (Front/Side/Rear) (feet)	150/100/150

A. Minimum lot area: five acres, except a minimum lot area of 25 acres shall apply for an "intensive raising of livestock or poultry" use.

B. Except for an intensive raising of livestock or poultry use, any building or concentrated feeding areas for the keeping of livestock or poultry shall be located a minimum of: (1) 300 feet from a lot in a residential district; (2) 150 feet from an existing dwelling that is not within a residential district; and (3) 50 feet from all other exterior lot lines. As a special exception use, the Township may approve a smaller setback for the expansion of facilities that existed prior to the adoption of this section where the applicant proves that there is no reasonable and feasible alternative and where the applicant proves that the lesser distance would not be detrimental to public health or safety or create significant hazards or nuisances.

C. For an intensive raising of livestock or poultry use, any building or concentrated feeding areas for the keeping of livestock or poultry shall be located a minimum of: (1) 500 feet from a lot in a residential district; (2) 200 feet from an existing dwelling that is not within a residential district; and (3) 100 feet from all other exterior lot lines. As a special exception use, the may approve a smaller setback for the expansion of facilities that existed prior to the adoption of this section where the applicant proves that there is no reasonable and feasible alternative and where the applicant proves that the lesser distance would not be detrimental to public health or safety or create significant hazards or nuisances.

D. The setbacks from lot lines for this use shall not apply from dwellings or lots owned by: (1) the operator or owner of the livestock use; or (2) affected property owners providing a written notarized letter waiving such setback.

E. Fencing shall be used as necessary and practical to prevent livestock from entering streets or unauthorized property.

F. The keeping of putrescent garbage-fed swine shall meet the setbacks for an intensive raising of livestock or poultry use. See the State Domestic Animal Law[4] provisions regarding garbage-fed animals.

[4] Editor's Note: See 3 Pa.C.S.A. § 2301 et seq.

G. For a new or expanded raising of livestock or poultry use, evidence shall be provided by the operator/applicant to the Township to show that there will be compliance with procedures and requirements of the State Nutrient Management Act, 3 Pa.C.S.A. § 501 et seq., and accompanying state regulations.

H. Buildings used for the keeping of livestock or poultry shall:

(1) Meet Township floodplain regulations.

(2) Not be located within 100 feet of a perennial stream, river, spring, lake, pond or reservoir.

(3) Not be located within 100 feet of an active public water supply drinking well or an active intake for a public water supply.

I. For manure storage facilities that are specifically required to have a setback from lot lines under the State Nutrient Management Regulations, that state setback shall apply. For any other manure storage facilities, a 100-foot minimum setback shall apply from all lot lines.

J. The following additional requirements shall apply to an intensive raising of livestock or poultry use:

(1) The applicant shall provide a soil and erosion control plan to the County Conservation District for review and pay their review fees.

(2) The applicant shall describe in writing or on site plans methods that will be used to address water pollution and insect and odor nuisances. The applicant shall provide a written comparison of proposed methods of controlling insect and odor nuisances and avoiding water pollution to applicable sections of the Pennsylvania Soil and Water Conservation Technical Guide as published by the U.S. Department of Agriculture and the State Department of Environmental Protection's Manure Management Manual for Environmental Protection, or their successor publications. The applicant may meet this requirement by providing a cross-reference to certain sections of such manuals or other written industry standards to describe the methods that will be used.

(3) The location of the facility is requested to consider prevailing wind patterns as they may affect the nearest existing dwellings.

(4) An area shall be provided for trucks to turnaround on the property that avoids the need to back out onto a public road.

45. Manufacturing, Light.

A. No long-term (exceeding 120 days) outdoor storage shall be conducted on site.

B. The storage or manufacture of hazardous or potentially hazardous materials shall not be permitted.

C. The size of the proposed operation and its relationship to surrounding uses shall be evaluated by the Township to determine the appropriateness of the proposed activity in the location proposed.

D. Adequate public facilities shall be available to meet the requirements of the proposed manufacturing processes.

E. Adjacent public streets shall be adequate to accommodate the traffic volumes and weight limits associated with truck traffic to and from the site.

F. The Township may impose restrictions on access to the facility, storage of vehicles or materials on the premises, hours of operation and other such matters as they deem necessary to ensure that there is no adverse impact upon the functioning and/or purpose of the district or adjacent parcels.

G. Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.

46. Manufacturing, Heavy.

A. The landowner and/or developer shall provide a Lighting Plan illustrating the maximum footcandles associated with proposed lighting on the lot to demonstrate no light spillover, or glare will exist on adjacent lots.

B. Hours of operation and activities, including for truck deliveries, must be appropriately scheduled to protect the surrounding neighborhood from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.

C. An inventory and Material Safety Data Sheets (MSDS) of toxic, corrosive, flammable, carcinogenic or explosive materials, chemical, liquids, gases or solids stored and/or used on site shall be available upon request.

D. No vehicular idling shall be permitted, and all queuing shall occur on the lot.

47. Medical Marijuana Grower or Processor Facility.

A. It is the intent that a grower and processor of medical marijuana shall meet the same municipal zoning and land use requirements as other manufacturing, processing and production facilities that are in the same district to comply with Section 2107(1) of the Pennsylvania Medical Marijuana Act, Act 16 of 2016.[5]

[5] Editor's Note: See 35 P.S. § 10231.2107.

B. Medical marijuana may only be grown and processed in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the Department of Health. Solid or liquid waste byproduct or remnants generated from the operation shall also be stored in the enclosed secured principal building until picked up for transportation to a facility authorized to accept such waste. Storage of medical marijuana waste remnants in an accessory building or waste refuse container located outside of the principal building is prohibited.

C. Loading areas shall be located within the principal building.

D. Growing and processing of medical marijuana shall be limited to wholesale products for sale to another medical marijuana facility. Retail sales of medical marijuana including the operation of a medical marijuana dispensary on the same property as the growing and processing operation is prohibited.

E. Location and spacing of said use shall be in accordance with regulations of the Commonwealth of Pennsylvania Act 16, as amended, and any other applicable laws.

F. All outdoor lighting shall comply with this chapter.

G. Off-street parking and loading spaces shall be provided in accordance with this chapter.

H. A screen or buffer as required by this chapter, as amended, where the use adjoins a residential district or use.

I. The use shall obtain a permit and approval from the Pennsylvania Department of Health and the user shall provide a copy of that approval to the Township.

48. Membership Club.

A. Any active outdoor play areas shall be set back at least 30 feet from any abutting "residential lot line."

B. This use shall not include an "after hours club."

49. Mineral Extraction. Unless otherwise regulated by the Commonwealth of Pennsylvania, the following shall apply:

A. If a mineral extraction use involves mining activities over more than two acres of land in any calendar year, then the following additional requirements shall be met:

(1) A copy of all information submitted to state agencies shall also be submitted to the Township at the same time.

(2) A detailed and appropriate land reclamation and reuse plan of the area to be excavated shall be submitted to the Township. Compliance with such plan shall be a condition of Township permits.

(3) After areas are used for mineral extraction, those areas shall be reclaimed in phases to a nonhazardous and environmentally sound state permitting some productive or beneficial future use.

(4) A 50-foot-wide yard covered by natural vegetative ground cover (except at approved driveway crossings) shall be required along all exterior lot lines that are within 200 feet of an area of excavation. The Township may require this yard to include an earth berm with a minimum average height of six feet and an average of one shade tree for each 40 feet of distance along the lot lines. Such shade trees shall be planted outside of any berm and any fence.

(a) New trees shall not be required where preserved trees will serve the same purpose.

(5) The following minimum setbacks from property not owned by and/or not operated by a mineral extraction use shall apply to the excavated area of a mineral extraction use:

(a) 100 feet from the existing right-of-way of public streets and from all exterior lot lines of the property.

(b) 150 feet from a nonresidential principal building, unless released by the owner thereof.

(c) 400 feet from the lot line of a dwelling.

(d) 150 feet from the lot line of a publicly owned recreation area that existed at time of the application for the use or expansion.

(6) The excavated area of a mineral extraction use shall be set back 150 feet from the average waterline of a perennial watercourse or the edge of a natural wetland of more than two acres.

(7) Truck access to the use shall be located to reasonably minimize hazards on public streets and dust and noise nuisances to residences.

(8) Fencing. The Township may require secure fencing in locations where needed to protect public safety. As an alternative, the Township may approve the use of thorny vegetation to discourage public access. Also, warning signs shall be placed around the outer edge of the use.

(9) Hours of Operation. The Township, as a condition of conditional use approval, may reasonably limit the hours of operation of the use and of related trucking and blasting operations to protect the character of adjacent residential areas.

(10) The activities and residual effects shall not create conditions that are significantly hazardous to the health and safety of neighboring residents.

(11) A plan shall be submitted showing sequential phases of mining activities on the land. Reclamation shall be initiated on one phase before the next phase is opened for mining.

(12) An operational statement must be prepared and submitted to demonstrate, by credible evidence, each of the following:

(a) Mining shall comply with all applicable state and federal laws, rules and regulations, including but not limited to, regulations concerning dust, vibration, noise, heat, glare, vapors, and gases;

(b) No emission of dust, dirt, fly ash, fumes, vapors or gases which could cause any damage to human health, animals, or vegetation or to any other forms of property or which could cause any soiling or staining of persons or property at any point beyond the lit line of the use creating the emissions, will occur;

(c) No mining, processing, or other activity shall produce heat or glare beyond the lot boundary line of the land on which the operation is located.

(13) Within TD1, no cement plant shall be permitted as a principal or accessory use.

(14) The following uses shall be subject to Township review and comment as related to public health, safety, and welfare prior to being permitted as accessory uses to the principal use of mineral extraction, whether on the same lot or an adjacent lot or consecutive adjacent lots, owned by the same entity or a related entity or pursuant to an easement: rail facilities and conveyors, including bins, hoppers, feeders, chutes, or similar structures used in collecting and releasing matter onto conveyor belts for transportation. No setbacks shall be imposed within the lateral movement of any rail facility or conveyor.

50. Mobilehome Park.

A. Plans and Permits. Plans shall be submitted and reviewed by the Township for all mobilehome parks in compliance with the mobilehome park provisions of the Subdivision and Land Development Ordinance, as amended, and all other provisions of such ordinances that apply to a land development, including the submission, approval, and improvements provisions (other than specific provisions altered by this section).

B. The minimum tract area shall be three contiguous acres, unless a larger tract area is required in a particular zoning district. This minimum tract area shall be under single ownership.

C. Density. The maximum average density of the tract shall be five dwelling units per acre.

D. To calculate this density: (1) land in common open space or proposed streets within the park may be included; but (2) land within the 100-year floodplain, wetlands, and slopes over 25% shall not be included.

E. Landscaped Perimeter. Each mobilehome park shall include a 35-foot-wide landscaped area including substantial attractive evergreen and deciduous trees around the perimeter of the site, except where such landscaping would obstruct safe sight distances for traffic. A planting plan for such area shall be approved by the Township as part of any required conditional use approval. Such landscaped area shall not be required between adjacent mobilehome park developments. The same area of land may count towards both the landscaped area and the building setback requirements.

F. A dwelling, including any attached accessory building, shall be set back a minimum of 25 feet from another dwelling within the mobilehome park, except that unenclosed porches, awnings and decks may be 15 feet from the walls of another dwelling.

G. The minimum separation between homes and edge of interior street cartway or parking court cartway shall be 25 feet.

H. The minimum principal and accessory building setbacks from exterior/boundary lot lines and rights-of-way of preexisting public streets shall be 50 feet.

I. Accessory Structures. A detached accessory structure or garage shall be separated a minimum of 15 feet from any dwelling units which the accessory structure is not accessory to.

J. Common Open Space for a Mobilehome Park. A minimum of 15% of the total lot area of the entire mobilehome park shall be set aside as common open space for the residents. The applicant shall prove that these areas will be suitable for active or passive recreation. If a development will not be restricted to persons over age 55, then the common open space shall at a minimum include a rectangular grass field 100 feet by 200 feet suitable for free play by young persons. If a development will be restricted to persons over age 55, then the common open space shall at a minimum include landscaped paved trails, including segments that are ADA accessible. A recreation building or pool available to all residents of the development may count towards this requirement.

K. Streets.

(1) Access to individual mobilehome spaces shall be from interior parking courts, access drives or private streets and shall not be from public streets exterior to the development.

(2) Streets within the mobilehome park that provide access to reach 20 or more dwellings shall have a minimum paved cartway of 24 feet, and other local private streets or parking courts serving less than 20 homes shall have a minimum paved cartway of 20 feet.

(3) Curbs and sidewalks are not required on the private streets, but all private streets shall meet all other Township cartway construction standards.

L. Utilities. All units within the mobilehome park shall be connected to a public water and a public sewage system. The system shall meet appropriate minimum water pressure/fire flow and hydrant requirements. The applicant shall prove that adequate provisions are made for solid waste disposal.

M. Along through-streets, a minimum nighttime lighting level of 0.2 footcandles shall be maintained, at no expense to the Township.

N. Other Requirements. A mobilehome park shall comply with all of the same requirements of Township ordinances that apply to a subdivision or land development of site-built single-family detached dwellings. This includes, but is not limited to, submission, approval and improvement requirements of the Township Subdivision and Land Development regulations. Provisions set forth in Township Ordinance 26: Mobile Homes and Mobile Home Parks, as amended, shall also apply.[6]

[6] Editor's Note: See Ch. 14, Mobile Homes and Mobile Home Parks.

51. Nursing Home.

A. Licensing. See definition in Part 2.

B. A minimum of 15% of the lot shall be suitable and developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks.

52. Outdoor Storage and Display—Commercial or Industrial as a Principal or Accessory Use.

A. Location. Outdoor storage or display shall not occupy any part of any of the following: the existing or future street right-of-way, sidewalk, or other area intended or designed for pedestrian use or required parking area.

B. No such storage or display shall occur on areas with a slope in excess of 25% or within the 100-year floodplain.

C. Tire Storage.

(1) For tires not mounted on a motor vehicle, any outdoor storage of more than five tires on a lot in a residential district or more than 50 used tires in a nonresidential district shall only be permitted as part of a Township-approved junkyard.

(2) The outdoor storage of more than 50 used tires shall be limited to the TD11 District.

(3) Where allowed, any storage of used tires shall involve stacks with a maximum height of 15 feet, and that cover a maximum of 400 square feet. Each stack shall be separated from other stacks from all lot lines by a minimum of 75 feet. If the same set of tires is stored on a lot for more than six months, they shall be stored within a building or trailer.

(4) The operator of a lot involving tire storage shall prove that the tires are stored in a manner that minimizes public health hazards from the breeding of vectors in accumulated water and/or that the site is regularly sprayed to minimize vectors.

53. Personal Care Boarding Home or Group Care Facility.

A. This use shall be located only on property which has direct access to an arterial street.

B. Conversion of existing structures into this use must meet the site plan requirements for new construction.

C. Minimum lot size of 10,000 square feet shall be required.

D. A buffer area of 15 feet shall be provided along all adjacent property lines.

E. Parking shall be required as follows: one space for every two employees, plus one space for every three residents.

F. The applicant must supply to the Township (and keep current) the name of a manager and/or other person responsible for responding quickly to a complaint filed by the Township.

54. Pets, Keeping of.

A. This is a permitted by right accessory use in all districts.

B. No use shall involve the keeping of animals and/or fowl in such a manner or of such types of animals that it creates a serious nuisance (including noise or odor), a health hazard, or a public safety hazard. The owner of the animals shall be responsible for collecting and properly disposing of all fecal matter from pets.

C. A maximum combined total of six dogs and cats shall be permitted to be kept by residents of each dwelling unit on their residential premises.

(1) Such limits shall only apply to dogs or cats over six months in age.

(2) Any greater number of dogs and/or cats shall need approval as a "kennel."

D. Any keeping of pets shall only be permitted provided it does not create unsanitary conditions or noxious odors for neighbors.

E. Horses. Minimum lot area: two acres for first horse or similar animal, plus one acre for each horse or similar animal in excess of one. A maximum of 10 horses or similar animals shall be kept, unless the use is approved as a "commercial stable." Any horse barn, manure storage areas or stable shall be a minimum of 75 feet from any residential lot line.

F. See the definition of "animal, domesticated (pets)." Only those pets that are domesticated and are compatible with a residential character shall be permitted as "keeping of pets." Examples of permitted pets include dogs, cats, rabbits, fish, gerbils, and lizards.

(1) The following and similar animals shall only be allowed to be kept as pets if the Township approves a particular number and type of species as a special exception after the applicant proves they will not cause nuisances or hazards: bears, wolves, wolf-dog hybrids, venomous snakes that could be poisonous to humans, monkeys, apes, constrictor snakes that could be dangerous to humans, or any "exotic wildlife" as defined by the Pennsylvania Game and Wildlife Code, 34 Pa.C.S.A. § 101 et seq. Exotic wildlife shall also require an exotic wildlife possession permit from the state.

G. The keeping of cows, sheep, goats, and hogs shall require a minimum lot area of five acres.

H. Unless otherwise regulated by this chapter, the keeping of non-predatory fowl shall require a minimum lot area of one acre.

I. No predatory birds, also including guinea fowl and roosters, shall be permissible within keeping of pets.

55. Place of Worship/Assembly.

A. Minimum lot area: two acres in a residential district, unless a larger lot area is required by the applicable zoning district. In any other district, a place of worship shall meet the minimum lot area provided in Part 3 for that district.

B. Weekly religious education rooms and meeting rooms are permitted accessory uses provided they are incidental to the place of worship. A primary or secondary school and/or a child or adult care center may be approved on the same lot as a place of worship provided the requirements for such uses are also met. Buses used primarily to transport persons to and from religious services or a permitted school on the lot may be parked on the lot. Other uses shall only be allowed if all of the requirements for such uses are also met, including being permitted in the applicable district.

C. A maximum of one dwelling unit may be accessory to a place of worship on the same lot, to house employees of the place of worship and/or an employee and his/her family. Such dwelling shall meet the maximum number of unrelated persons in the definition of a "family." No other residential use shall be allowed.

D. If within a residential district, any new place of worship shall be adjacent to an existing collector or arterial street that is in public ownership.

E. Minimum building setback from a lot line of an existing dwelling in a residential district: 60 feet.

F. Minimum parking setback from a lot line of an existing dwelling in a residential district: 20 feet.

56. Prison or Similar Correctional Institution.

A. The premises shall be maintained so as to not constitute a nuisance or a nuisance to public health and safety.

B. Air transport operations shall be located to minimize impacts to adjacent development.

C. No correctional facility shall be established or operated within 1,000 feet of an existing school, public park, public playground, hospital, nursing home, place of worship, place of assembly, and/or dwelling.

D. Correctional facilities shall provide a visual screen along all property lines. The screen shall be constructed as an earth berm, landscaped bufferyard, fence, or wall. The screen shall have a minimum height of eight feet and shall have a minimum opacity of 80%. No barbed wire or similar security fencing shall be visible from a public right-of-way or adjacent residential lot.

E. A correctional facility shall be served by public sewer and water.

57. Recreation, Commercial Outdoor.

A. All buildings, pavilions and areas used for nighttime activities shall be a minimum of 150 feet from an existing dwelling on another lot. All parking areas shall be set back a minimum of 75 feet from any residential lot line.

B. This term shall not include "publicly owned recreation," a "golf course," or a "motor vehicle racetrack."

C. Lighting, noise, and glare control: see Part 5.

D. In a residential district, the minimum lot area shall be 2.5 acres, unless a more restrictive lot area is established by another section of this chapter.

E. Maximum impervious coverage in any residential district: 20%.

F. Maximum building coverage in any residential district: 15%.

G. A site plan meeting the requirements of Part 1 shall be submitted to the Township.

H. Woodland existing adjacent to an exterior lot line of the use adjacent to a residential lot line, such woodland shall be preserved within at least 20 feet of such lot line, except for approved driveway, utility and trail crossings. Where such woodland will not exist, a 20-foot-wide buffer yard shall be required.

I. Hours of Operation. In a residential district, active recreation facilities shall be conducted only between the hours of 6:00 a.m. and 10:00 p.m., unless differing hours are established as a condition of any needed Township approval.

J. Any restaurant open to the public, tavern, firearms target range, camp, campground, or commercial picnic ground use shall only be allowed if those uses are permitted in the applicable district and if all requirements for each such use(s) are also met.

58. Recycling Collection Center.

A. This use shall not be bound by the requirements of a solid waste disposal facility.

B. All materials shall be kept in appropriate containers, with appropriate sanitary measures and frequent enough emptying to prevent the attraction of insects or rodents and to avoid fire hazards.

C. Adequate provision shall be made for movement of trucks if needed and for off-street parking.

D. A 20-foot-wide buffer yard with screening shall be provided between this use and any abutting "residential lot line."

E. This use may be a principal or accessory use, including being an accessory use to a commercial use, an industrial use, a public or private primary or secondary school, a place of worship or a Township-owned use, subject to the limitations of this section.

F. Materials to be collected shall be of the same character as the following materials: paper, fabric, cardboard, plastic, metal, aluminum, and glass. No garbage shall be stored as part of the use, except for that generated on site and that accidentally collected with the recyclables. Only materials clearly being actively collected for recycling may be stored on site.

G. The use shall only include the following operations: collection, sorting, baling, loading, weighing, routine cleaning, and closely similar work. No burning or landfilling shall occur. No mechanical operations shall routinely occur at the site other than operations such as baling of cardboard.

H. The use shall not include the collection or processing of pieces of metal that have a weight greater than 50 pounds, except within an industrial district.

I. The use shall include the storage of a maximum of 50 tons of materials on the site if the use is within a residential district and within 500 feet of an existing dwelling.

59. Residential Accessory Structure, Use, or Parking.

A. Accessory structures and uses (other than fences) shall not be located within the required accessory use setback, unless specifically exempted by this chapter. Accessory structures shall not be located within a front yard, nor within any yard required to be equal in width to a front yard along a street on a corner lot.

B. Accessory buildings in a residential district on a lot of less than two acres shall meet the following requirements:

(1) Maximum total floor area of all accessory buildings: 1,500 square feet.

(2) Maximum of two accessory buildings per lot.

C. Repairs. Repairs of a truck with an aggregate gross vehicle weight of over 13,000 pounds aggregate gross vehicle weight shall not occur on a residential lot. Repairs of motor vehicles that are not owned or leased by a resident of the lot or his/her "relative" shall not occur on a residential lot.

D. See also the definition of "junkyard."

E. Recreational Vehicles or Boats. A recreational vehicle or boat with a length of 24 feet or greater shall not be parked in the front yard of a dwelling during more than two days in any seven-day period.

60. Retail Sales of Agricultural Products as an Accessory Use.

A. The use shall be an accessory use incidental to a crop farming, greenhouse, plant nursery, orchard, winery or raising of livestock use.

B. The only retail sales shall be of agricultural products and horticultural products, in addition to any hand-made crafts produced by the operator of the market and/or his/her family. An average of not less than 50% of the products sold on site shall have been produced by the operator or his/her family. This percentage may vary month to month, provided that the average is met.

C. Off-street parking shall be provided in compliance with the provisions of Part 6. No parking shall be permitted in such a way that it creates a safety hazard.

D. Any structure erected for this use that is not clearly permanent in nature shall be disassembled during seasons when products are not offered for sale.

E. Signs. See Part 7.

F. No stand shall be located closer than: 50 feet from a lot line of an existing dwelling, 25 feet from any other lot line or 100 feet from the closest intersecting point of street rights-of-way at a street intersection, unless the sales occur within a dwelling or barn that existed prior to the adoption of this chapter.

G. The use may occur within an existing dwelling, a barn, or a separate stand. Any stand shall be maintained in good condition.

H. The retail sales shall be located on land owned by the operator of the market or farm stand or upon a tract of five acres or more which the operator of the market actively farms.

I. The applicant shall prove to the Township that the driveway has adequate sight distance, based upon the PennDOT standards that would apply to a normal commercial establishment along a state road, regardless of whether a PennDOT permit would be needed.

61. School, Primary and Secondary/Post-Secondary.

A. Minimum lot area: two acres in a residential district. In any other district, the use shall meet the standard minimum lot area requirement for that district.

B. No children's play equipment, basketball courts or illuminated recreation facilities shall be within 50 feet of a residential lot line.

C. The use shall not include a dormitory unless specifically permitted in the district.

62. Solid Waste Disposal Facility. The following shall apply unless otherwise permitted by the Pennsylvania Department of Environmental Protection (PA DEP):

A. All solid waste storage, disposal, incineration, or processing shall be at least 200 feet from the following: public street right-of-way, exterior lot line, 100-year floodplain, edge of a surface water body (including a water filled quarry), or wetland of more than 1/2 acre in area.

B. All solid waste storage, disposal, incineration, or processing shall be a minimum of 500 feet from any residential district, designated watercourse, publicly owned park, or any existing dwelling that the applicant does not have an agreement to purchase.

C. The use shall be served by a minimum of two paved access roads, each with a minimum cartway width of 24 feet. One of these roads may be restricted to use by emergency vehicles.

D. No burning or incineration shall occur, except within an approved waste to energy facility.

E. The operation and day-to-day maintenance of the solid waste disposal area shall comply with all applicable state and federal regulations as a condition of the continuance of any permit of the Township.

F. Open dumps and open burning of refuse are prohibited.

G. The applicant shall prove to the satisfaction of the Township that the existing street network can handle the additional truck traffic, especially without bringing extraordinary numbers of trash hauling trucks through or alongside existing residential or residentially zoned areas and especially considering the width and slopes of streets in the Township.

H. The applicant shall prove to the satisfaction of the Township that the use would not routinely create noxious odors off of the tract.

I. The Township shall require fencing, earth berms, evergreen screening, and/or shade trees as needed and shall be used to prevent landfill operations from being visible from an expressway or arterial streets or dwellings.

J. A minimum lot area of 15 acres shall be required for the first 250 tons per day of capacity to treat or dispose of waste, plus one acre for each additional 100 tons per day of capacity. A solid waste facility shall have a maximum total capacity of 500 tons per day.

K. Health Hazards. Any facility shall be operated in such a manner to prevent the attraction, harborage or breeding of insects, rodents, or vectors.

L. Attendant. An attendant shall be present during all periods of operation or dumping.

M. Gates. Secure gates, fences, earth mounds, and/or dense vegetation shall prevent unauthorized access.

N. Emergency Access. The operator of the use shall cooperate fully with local emergency services. This should include allowing practice exercises on the site and the provision of all information needed by the emergency services to determine potential hazards. Adequate means of emergency access shall be provided.

O. Under authority granted to the Township under PA Act 101 of 1988,[7] the hours of operation shall be limited to between 7:00 a.m. and 9:00 p.m.

[7] Editor's Note: See 53 P.S. § 4000.101 et seq.

P. Tires. See "outdoor storage and display."

Q. Litter. The operator shall regularly police the area of the facility and surrounding streets to collect litter that may escape from the facility or trucks.

R. Dangerous Materials. No radioactive, hazardous, chemotherapeutic, or infectious materials may be stored, processed, disposed, or incinerated. Infectious materials are defined as medical wastes used or created in the treatment of persons or animals with seriously contagious diseases.

S. The applicant shall provide sufficient information for the Township to determine that the requirements of this chapter, as amended, will be met.

T. State Requirements. Nothing in this chapter, as amended, is intended to supersede any state requirements. It is the intent of this chapter, as amended, that when similar issues are regulated on both the Township and state levels, that the stricter requirement shall apply for each aspect, unless it is determined that an individual state regulation preempts Township regulation in a particular aspect. The applicant shall provide the Township with a copy of all written materials and plans that are submitted to PA DEP at the same time as they are submitted to DEP.

U. For a solid-waste-to-energy facility or solid waste transfer facility, all loading and unloading of solid waste shall only occur within an enclosed building, and over an impervious surface that drains to a holding tank that is then adequately treated. All solid waste processing and storage shall occur within enclosed buildings or enclosed containers.

63. Stable, Commercial (includes riding academies; see also "Pets, Keeping of").

A. Minimum lot area: two acres for the first horse or similar animal, plus one acre for each additional horse or similar animal.

B. Any horse barn, manure storage areas, or stable shall be a minimum of 100 feet from any lot line of an existing adjacent dwelling.

C. Manure shall be regularly collected and disposed of in a sanitary manner that avoids nuisances to neighbors. Manure shall be stored in a manner that prevents it from being carried off by runoff into a watercourse. Manure shall not be stored within 100 feet of a watercourse.

64. Stable, Household. See "Pets, Keeping of" in this section.

65. Swimming Pool or Bodies of Water, Accessory. (Referred hereafter as "pool.")

A. See the requirements of the Construction Code [Ordinance 98, as amended] regarding fencing of pools. In the event such Construction Code Ordinance 98, as amended] does not result in a fence being required, then this chapter, as amended, provision shall apply manmade depression of land capable of holding water, or manmade container intended to hold water of a depth equal to or greater than 24 inches shall include a fence, wall, above-ground pool walls or similar enclosure surrounding the pool. Such enclosure shall extend not less than four feet above the ground. All gates shall be self-closing and self-latching, with latches placed at least four feet above the ground.

B. No such depression or container shall be located in a minimum front yard. The water surface and any raised decking of a swimming pool shall be set back a minimum of 10 feet from side and rear lot lines.

66. Timber Harvesting.

A. Purposes. To promote management of forests for long-term benefits; promote good forest stewardship; protect adjoining property owners; minimize the potential for adverse environmental impacts; and avoid unreasonable restrictions on forestry.

B. Applicability. Timber harvesting shall be permitted by right in all zoning districts, provided it complies with the requirements of this chapter. This section shall regulate all timber harvesting when the total harvesting area is one acre or greater in a calendar year.

(1) These provisions shall not regulate the following:

(a) Cutting of up to 10% of trees with a trunk diameter of six inches or greater (measured 3.5 feet above the ground level) on a lot in any calendar year, provided such cutting does not involve clear cutting but instead involves routine thinning of woods.

(b) Cutting of trees with a trunk diameter of less than six inches (measured 3.5 feet above the ground level).

(c) Cutting of dead trees.

(d) Cutting of trees that the applicant proves to the Township is necessary to accommodate a Township-approved subdivision, land development, street, driveway, building, utility or use.

C. Application Requirements. An application for timber harvesting shall be made a minimum of 10 days prior to the start of work. No forestry shall occur until a permit has been issued by the Township.

(1) The application shall include a written timbering plan, which shall be prepared by a qualified professional. The provisions of the plan shall be followed throughout the operation. The plan shall be available for inspection at the harvest site at all times during the operation.

(2) The landowner, the applicant and the timber operator shall be jointly and separately responsible for complying with the terms of the timber harvesting plan and permit.

(3) The applicant shall specify, in writing, the land on which harvesting will occur, the expected size of the harvest area, and the anticipated starting and completion date of the operation.

(4) The timber harvesting plan shall include, at a minimum, the following information:

(a) A narrative of proposed cutting practices and/or stand prescription(s) for each stand in the proposed harvest area and the construction, maintenance, and retirement of the access system, including haul roads, skid roads, skid trails and landings.

(b) An erosion and sedimentation control plan approved by the County Conservation District if over one acre will be disturbed.

(c) All timbering activities shall use "best management practices" which shall be shown on the plan.

(d) A narrative of all waterbodies and road crossings, including required permits from the appropriate agency.

(e) All Township and/or PennDOT highway occupancy permits, if applicable.

(f) An application shall be submitted to the Township, with a map showing waterways, drainageways, approximate wetlands, lakes, roads, entirety of the lot which the proposed harvest area is located on, lot lines, and proposed harvest areas.

D. Timber Harvesting Practices.

(1) Timber harvesting is prohibited within 100 feet of the top of the bank on each side of all perennial waterways, except this distance may be reduced to 50 feet if all of the following conditions are met:

(a) The basal area of trees in that area within the 100-foot setback shall not be reduced below 50% of the basal area present before cutting.

(b) Trees to be cut within the 100-foot zone described shall be marked with paint or ribbons prior to the start of timber harvesting.

(c) All earthmoving within this area shall be minimized or fully avoided.

(2) No tops or slash shall be left within a stream channel or floodway. Unless fully delineated, a floodway shall be assumed to be all that area within 50 feet from the center of a waterway.

67. Townhouses and Apartments.

A. Maximum length and width of an attached grouping of townhouses: 180 feet. With the exception of TD-6, maximum number of apartments that shall be within a building: 12, except no maximum shall apply in a building in which all units are permanently age restricted to at least one resident age 55 and older or persons with physical disabilities. Within TD-6, see § 27-306, Subsection 6, TD-6.

B. Paved Area Setback. All off-street parking spaces, except spaces on driveways immediately in front of a carport or garage entrance, shall be set back a minimum of 10 feet from any dwelling.

C. Garages. It is strongly recommended that all townhouses be designed so that garages and/or carports are not an overly prominent part of the view from public streets. For this reason, parking courts, common garage or carport structures or garages at the rear of dwellings are encouraged instead of individual garages opening onto the front of the building, especially for narrow townhouse units.

D. Mailboxes. Any mailboxes provided within the street right-of-way should be clustered together in an orderly and attractive arrangement or structure. Individual freestanding mailboxes of noncoordinated types at the curbside are specifically discouraged.

E. Access. Vehicular access points onto all arterial and collector streets shall be minimized to the lowest reasonable number. No townhouse dwelling within a tract of five or more dwelling units shall have its own driveway entering onto an arterial or collector street.

F. Common Open Space. If a lot includes more than two acres, then a minimum of 20% of the total lot area of the development involving townhouses and apartments and their accessory uses shall be set aside as common open space for the residents. The applicant shall prove that these areas will be suitable for active or passive recreation.

(1) If a development includes over 30 dwelling units that will not be restricted to at least one resident age 55 and older, then the common open space shall at a minimum include a rectangular grass field 50 feet by 150 feet that is suitable for free play by young persons. If all dwellings in a development will be restricted to at least one resident age 55 and older, then the common open space shall at a minimum include landscaped trails that are ADA accessible.

(2) A recreation building or pool available to all residents of the development may count towards the open space requirement. Areas with a width of less than 50 feet shall not count towards this requirement. This requirement shall be in place of any requirement for recreation land or fees under the Subdivision and Land Development Ordinance [Chapter 22A].

G. Buffer Yard. A 20-foot-wide buffer yard with screening shall be required, as described in § 27-803, Subsection 4, between any townhouse or garden apartment and any abutting existing single-family detached dwelling that is within 125 feet of the proposed garden apartment or townhouse building. The buffer yard shall be the responsibility of the developer of the townhouses or apartments.

H. Accessory Uses and Structures, The developer of new principal buildings is strongly requested to establish deed restrictions controlling the types and materials of attached decks, fences and accessory structures that may be added or constructed in the future.

I. Homeowner's and/or Condominium Agreements. It is strongly recommended that any such agreement include restrictions requiring any fencing or garages to be compatible with the overall design.

J. Water and Sewer. Public water and public sewer service shall be a requirement for any townhouse or apartment.

K. All dumpsters and/or waste collection areas shall be located, at minimum, 50 feet from the nearest residential unit and shall be enclosed by a solid masonry screen of at least six in height.

L. Principal Building Separation. All principal buildings shall be separated from any other principal building by a minimum of 30 feet and a minimum average of 40 feet. A building may include multiple dwelling units.

M. Architectural Renderings Required. Architectural renderings shall be required of the front facades of any apartments.

68. Unit for Care of Relative.

A. The accessory unit shall be occupied by a maximum of two persons, who shall be "relatives" of the permanent residents of the principal dwelling unit. At least one resident of the accessory unit shall need such accommodations because of an illness, aging, or disability.

B. The applicant shall prove to the Township that the accessory unit has been designed and constructed so that it can be easily reconverted into part of the principal dwelling unit or is a modular cottage that will be completely removed from the lot after the relative no longer resides within the unit. Such accessory unit may be converted into an additional bedroom(s), permitted home occupation area or similar use. A lawful detached garage may be converted into a unit for care of relative, and then be reconverted to a garage or permitted home occupation area.

C. The applicant shall establish a legally binding mechanism in a form acceptable to the Township that will prohibit the use of the accessory unit as a separate dwelling unit after the relative no longer resides within the unit. Such mechanism shall also be binding upon future owners.

D. The owner of the property shall be required to annually renew the permit for the use. Such renewal shall be conditioned upon the owner proving that a relative of the occupants of the principal dwelling unit continues to reside within the accessory unit.

E. Such accessory unit shall not decrease the one-family residential appearance of a one-family dwelling, as viewed from exterior lot lines. The accessory unit shall be attached to the principal dwelling unit, except a detached dwelling may be specifically approved by the Township as a special exception. If a detached modular dwelling is placed on the property, it shall be completely removed within 90 days after the relative no longer lives within it. A detached accessory dwelling unit shall only be placed on the lot if it meets principal building setbacks and has a maximum total floor area of 900 square feet.

F. Additional parking for the accessory unit is not required if the applicant proves that the resident(s) of the accessory unit will not routinely operate a vehicle.

G. Any on-lot septic system shall be re-certified if the sewage flows will increase.

H. Such unit is not required to meet the minimum floor area for a dwelling unit when it is within a residential district and within 500 feet of an existing dwelling.

69. Warehouses.

A. Conventional Warehouse.

(1) Minimum Queue Length. Provide a queue length that accommodates at least eight trucks or 1.34 trucks per 100,000 square feet of warehouse space, whichever is greater. Use 85 feet per truck to determine the total queue length.

(2) Minimum Rest Parking Spots. Provide at least two rest parking spots outside of secured (fenced or gated) areas.

B. High-Cube Transload and Short-Term Storage Warehouse.

(1) Minimum Queue Length. Provide a queue length based on a minimum of 12 trucks or 1.5 trucks per 100,000 square feet of warehouse space, whichever is greater. Use 85 feet per truck for calculation.

(2) Minimum Rest Parking Spots. Provide a minimum of four rest parking spots outside of secured areas. Adjust based on specific formulas if available.

C. High-Cube Cold-Storage Warehouse.

(1) Minimum Queue Length. Provide a queue length that accommodates at least 10 trucks or 1.5 trucks per 100,000 square feet of warehouse space, whichever is greater. Use 85 feet per truck to determine the total queue length.

(2) Minimum Rest Parking Spots. Provide at least three rest parking spots outside of secured areas. Adjust based on specific formulas if available.

D. High-Cube Parcel Hub.

(1) Minimum Queue Length. Provide a queue length for a minimum of 15 trucks or two trucks per 100,000 square feet of warehouse space, whichever is greater. Use 85 feet per truck to determine the total queue length.

(2) Minimum Rest Parking Spots. Provide a minimum of six rest parking spots outside of secured areas. Incorporate any available formulas for additional precision.

E. High-Cube Fulfillment Center (Sort).

(1) Minimum Queue Length. Provide a queue length for a minimum of 12 trucks or 1.5 trucks per 100,000 square feet of warehouse space, whichever is greater. Use 85 feet per truck to determine the total queue length.

(2) Minimum Rest Parking Spots. Provide a minimum of four rest parking spots outside of secured areas. Incorporate any available formulas for additional precision.

F. High-Cube Fulfillment Center (Non-Sort).

(1) Minimum Queue Length. Provide a queue length for a minimum of 15 trucks or two trucks per 100,000 square feet of warehouse space, whichever is greater. Use 85 feet per truck to determine the total queue length.

(2) Minimum Rest Parking Spots. Provide a minimum of six rest parking spots outside of secured areas. Incorporate any available formulas for additional precision.

G. Additional Criteria for All Warehouse Types.

(1) Special Dimensional Requirements for Warehouses.

(a) The maximum building height shall be 44 feet.

(b) The total maximum building coverage shall be 44%.

(c) The total maximum impervious coverage shall be 55%.

(d) Where the footprint of the proposed principal warehouse structure is greater than 100,000 square feet:

1) The minimum lot area shall be 10 acres.

2) All access points shall be a minimum of 250 feet from any dwelling.

3) All drive aisles, loading/unloading areas, and parking areas intended for use by tractor trailers as well as outdoor storage areas shall be a minimum of 250 feet from any dwelling.

(2) Buffer Yards.

(a) A 100-foot-wide buffer yard shall be provided along the entire length of the street frontage of any property upon which a warehouse is located. Further, a 100-foot-wide buffer yard shall be provided along any property line which abuts a residential or agricultural zoning district or an existing residential use.

(b) The buffer yard shall be measured from the property line or street right-of-way line. Where a lot line drainage or utility easement is required, the buffer yard shall be measured from the inside edge of the easement.

(c) The buffer yard shall be a landscaped area free of roads, sidewalks, driveways, parking lots, storage, buildings, and structures of any kind, except for emergency access roads or pathways and/or sidewalks as may be required by Township ordinances or fire or safety regulations and/or as may be required and/or approved by the Board of Supervisors.

(d) The buffer yard shall be landscaped with evergreen trees, deciduous trees, flowering trees, and shrubs of types resistant to diesel exhaust.

(e) All areas of the buffer yard not covered with plantings shall be covered by a well-maintained, all-season vegetative ground cover, such as grass.

(f) Earthen berms shall be constructed within buffer yards in accordance with Berm requirements, herein.

(g) Minimum planting requirements in buffer yards:

1) 

Trees and shrubs shall be planted in the following minimum quantities per 100 lineal feet of buffer yard, as measured parallel to the buffer yard.

a) 10 evergreen trees.

b) Five deciduous trees.

c) Three flowering trees.

d) 10 shrubs.

2) This landscaping shall be provided in addition to any landscaping required by other Township regulations.

3) Plantings shall be arranged so as to provide a complete visual screen of the waterhouse of at least 14 feet in height (measured in addition to the height of the berm) within three years.

4) The plantings shall be arranged on the outside (nonwarehouse side) and top of the berm.

5) Evergreen trees shall have a minimum height of eight feet. Deciduous trees shall have a minimum trunk caliper of two inches measured three feet above the top of the root ball and a minimum height of 12 feet. Flowering trees shall have a minimum height of seven feet. Shrubs shall have a minimum height of 30 inches. Minimum heights shall be as measured from finished grade at the time of planting.

(3) Berm Requirements.

(a) A raised earthen berm shall be constructed along the entire length of the street frontage of any property upon which a warehouse is located. Further, a berm shall be constructed along any property line which abuts a residential or agricultural zoning district or an existing residential use.

(b) The berm shall have a minimum average height of 14 feet measured above existing grade on the outside (nonwarehouse side) of the berm. The berm shall not have a completely continuous height but shall vary in height by one or two feet along the length of the berm.

(c) The berm shall have a maximum side slope of three feet horizontal to one foot vertical.

(d) The berm shall have a minimum top width of 10 feet.

(4) The site shall have driver amenities in each building, including showers, food services, sleeping areas, and entertainment and waiting areas. At least one of each amenity shall be provided for every 25 truck loading/unloading docks/doorways of the use. The size of each such amenity shall be proportionate to the number of loading/unloading docks/doorways, with a minimum area to accommodate six seats and one four-person table.

(5) Mechanical scraper systems shall be installed at each truck exit drive for the purpose of removing snow, slush, and ice from trailer and truck rooftops. During winter months, all trucks must pass under these mechanical scrapers prior to exiting the warehouse facility.