Township of North Whitehall, PA Article IV Use Regulations

§ 440-39 Applicability.

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

B. For uses allowed within a specific zoning district as "special exception" or "conditional uses," see the procedures and general standards in §§ 440-25 and 440-26. These list a set of additional standards to be used in determining whether a proposed special exception or conditional use should be approved.

C. No-impact home-based business shall be permitted in all residential zones of the municipality as a use permitted by right, except that such permission shall not supersede any deed restriction, covenant or agreement restricting the use of land nor any master deed, bylaw or other document applicable to a common interest ownership community.

D. With respect to the classification of a use or the determination of which regulations shall apply to a particular use, the use definitions contained in § 440-40 shall control over the general definitions contained in § 440-31.

§ 440-40 Use regulations.

A. Agricultural uses.

(1) Agricultural operations.

(a) All buildings associated with the use, i.e., barns, sheds, silos, etc., shall be permitted, provided that no building shall be located any closer than 100 feet to any street line, proposed street line or a dwelling other than the landowner's dwelling and not less than 50 feet from any other property line. Any building or structure used for the keeping or raising of livestock, horses or poultry shall be situated not less than 100 feet from any street line or property line.

(b) A nursery or produce sales yard or farm stand or farm market, as part of this use, shall be permitted for the sale of products grown on the property and shall comply with the specific regulations for such use [refer to § 440-40H(7)].

(c) A single-family detached dwelling for the sole use of individuals, and their immediate families, engaged in agricultural employment on the same site, or for the immediate family of the landowner is permitted as part of this use.

(d) All manure storage facilities associated with the agricultural operation must be located not less than 99 feet from any street line or property line.

(e) The keeping or raising of livestock and poultry shall be subject to the following requirements:

[1] All pastures for grazing livestock shall be fenced along paddock lines of sufficient height and type to contain livestock on the property.

[2] All non-grazing animals shall be kept in defined enclosures or areas of a type to contain the non-grazing animals on the property.

[3] The raising of any livestock and/or poultry must comply with Federal and State regulations for the storage and disposal of animal waste.

(2) Intensive Agriculture (COAs and/or CAFOs).

(a) Any building or structure used for the keeping or raising of livestock or poultry shall be situated not less than 100 feet from any street line or property line. Livestock and poultry are not permitted to run at large. A fenced-in area for the keeping of livestock and poultry shall be provided and shall not be less than 100 feet from a dwelling other than the landowner's.

(b) Maximum impervious surface ratio: 20%.

(c) All applicable regulations of the Pennsylvania Department of Environmental Protection (DEP) shall be met.

(d) Feedlots, pens and confinement areas shall not be situated less than 30 feet from any stream or swale.

(e) Commercial kennels are not included in this use (see Use A6).

(f) No structure for the storage or processing of garbage or spent mushroom compost or structures for the cultivation of mushrooms shall be situated less than 100 feet from any street line or property line. No storage or processing of garbage or spent mushroom compost shall take place outdoors.

(g) All manure storage facilities associated with the CAO must comply with the applicable setback requirements found in 25 Pa. Code § 83.351.

(3) Forestry.

(a) Policy; purpose. In order to conserve forested open spaces and the environmental and economic benefits they provide, it is the policy of the Township to encourage the owners of forestland to continue to use their land for forestry purposes, including the long-term production of timber, recreation, wildlife, and amenity values. The timber harvesting regulations contained in sections a through h are intended to further this policy by (1) promoting good forest stewardship, (2) protecting the rights of adjoining landowners, (3) minimizing the potential for adverse environmental impacts, and (4) avoiding unreasonable and unnecessary restrictions on the right to practice forestry and improving human health and welfare of the community.

(b) Scope; applicability. To encourage maintenance and management of forested or wooded open spaces and promote the conduct of forestry as a sound and economically viable use of forested land throughout the municipality, forestry activities — including timber harvesting — shall be a permitted use by right in all zoning districts. Subsection A(3)(a) through (h) apply to all timber harvesting within the municipality where the value of the trees, logs, or other timber products removed exceeds $2,000. These provisions do not apply to the cutting of trees for the personal use of the landowner or for precommercial timber stand improvement.

(c) Definitions. As used in Subsection A(3)(a) through (h), the following terms shall have the meanings given in this section:

FELLING

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

FORESTRY

Means the management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting, and selling trees for commercial purposes, which does not involve any land development. (The definition of forestry is taken from 53 P.S. § 10107 of the Pennsylvania Municipalities Planning Code. Only forests and timberlands subject to residential or commercial development shall be regulated under the Township's land development and subdivision ordinance.[1])

LANDING

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

LANDOWNER

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

LITTER

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

LOP

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

OPERATOR

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

PRE-COMMERCIAL TIMBER STAND IMPROVEMENT

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

SKIDDING

Means dragging trees on the ground from the stump to the landing by any means.

SLASH

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

STAND

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

STREAM

Means any natural or artificial channel of conveyance for surface water with an annual or intermittent flow within a defined bed and bank.

TIMBER HARVESTING, TREE HARVESTING or LOGGING

Means that part of forestry involving cutting down trees and removing logs from the forest for the primary purpose of sale or commercial processing into wood products.

TOP

Means the upper portion of a felled tree that is not merchantable because of small size, taper, or defect.

WETLAND

Means "areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances, do support a prevalence of vegetation typically adapted for life in saturated soil conditions including swamps, marshes, bogs, and similar areas." (Source: Pennsylvania Code, Chapter 105 Regulations)

[1] Editor's Note: See Ch. 375, Subdivision and Land Development.

(d) Notification; preparation of a logging plan.

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

[2] Logging plan. Every landowner on whose land timber harvesting is to occur shall prepare a written logging plan in the form specified by this chapter. No timber harvesting shall occur until the plan has been prepared and provided to the municipality. The provisions of the plan shall be followed throughout the operation. The plan shall be available at the harvest site at all times during the operation and shall be provided to the Code Enforcement Officer upon request.

[3] Responsibility for compliance. The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan.

(e) Contents of the logging plan.

[1] Minimum requirements. At a minimum, the logging plan shall include the following:

[a] Design, construction, maintenance, and retirement of the access system, including haul roads, skid roads, skid trails, and landings.

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

[c] Design, construction, and maintenance of stream and wetland crossings.

[d] The general location of the proposed operation in relation to municipal and state highways, including any access to those highways.

[2] Map. Each logging plan shall include a sketch map or drawing containing the following information:

[a] Site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within that property.

[b] Significant topographic features related to potential environmental problems.

[c] Location of all earth disturbance activities, such as roads, landings, and water control measures and structures.

[d] Location of all crossings of waters of the Commonwealth.

[e] The general location of the proposed operation to municipal and state highways, including any accesses to those highways.

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

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

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

[4] Relationships of state laws, regulations, and permits to the logging plan. Any permits required by state laws and regulations shall be attached to and become part of the logging plan. An erosion and sedimentation pollution control plan that satisfies the requirements of Title 25 Pennsylvania Code, Chapter 102, shall also satisfy the requirements for the logging plan and associated map specified in Subsection A(3)(e)[1][a] and [b] of this section, provided that all information required by these paragraphs is included or attached.

(f) Forest practices. The following requirements shall apply to all timber harvesting operations in the Township:

[1] Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the municipality or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of the thoroughfare.

[2] No tops or slash shall be left within 25 feet of any public thoroughfare or private roadway providing access to adjoining residential property.

[3] All tops and slash between 25 and 50 feet from a public or private roadway providing access to adjoining residential property or within 50 feet of adjoining residential property shall be lopped to a maximum height of four feet above the ground.

[4] No tops or slash shall be left on or across the boundary of any property adjoining the operation without the consent of the owner thereof.

[5] Litter resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator.

(g) Responsibility for road maintenance and repair; road bonding. Pursuant to Title 75 of the Pennsylvania Consolidated Statutes, Chapter 49, and Title 67 Pennsylvania Code, Chapter 189, the landowner and the operator shall be responsible for repairing any damage to municipality roads caused by traffic associated with the timber harvesting operation to the extent the damage is in excess of that caused by normal traffic. The operator may be required to furnish a bond to guarantee the repair of such damages.

(h) Enforcement.

[1] Code Enforcement Officer. The Code Enforcement Officer shall administer and enforce for Subsection A(3)(a) through (h) of this chapter.

[2] Inspections. The Code Enforcement Officer may go upon the site of any timber harvesting operation before, during, or after active logging to (1) review the logging plan or any other required documents for compliance with Subsection A(3)(a) through (h) and (2) inspect the operation for compliance with the logging plan and other on-site requirements of these regulations. Note that active logging sites are inherently dangerous, even when tree felling is not occurring. No one should ever enter onto an active logging site without the proper personal protective equipment and/or without giving prior notification to the logging supervisor.

[3] Violation notices; suspensions. Upon finding that a timber harvesting operation is in violation of any provision of this chapter, the Code Enforcement Officer shall issue the operator and the landowner a written notice of violation describing each violation and specifying a date of not less than 30 days by which corrective action must be taken. The Code Enforcement Officer may order the immediate suspension of any operation upon finding that (1) corrective action has not been taken by the date specified in a notice of violation, (2) the operation is proceeding without a logging plan, or (3) the operation is causing immediate harm to the environment as confirmed by local conservation district and DEP. Suspension orders shall be in writing, issued to both the operator and the landowner, and remain in effect until, as determined by the Code Enforcement Officer, the operation is brought into compliance with this chapter or other applicable statutes or regulations of the logging plan. The landowner or the operator shall appeal an order or decision of a Code Enforcement Officer within 30 days of issuance to the governing body of the municipality.

[4] Penalties. Any landowner or operator who (1) violates any provision of this chapter, (2) refuses to allow the Code Enforcement Officer access to a harvest site pursuant to Subsection A(3)(d)[2] of this section, or (3) fails to comply with a notice of violation or suspension order issued under Subsection A(3)(h)[3] of this section is guilty of a summary offense and upon conviction shall be subject to a fine of not less than $100 plus costs. Each day the violation continues may constitute a separate offense. The enforcement of this chapter by the municipality shall be by action brought before a district magistrate in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure.

(4) Commercial nursery and/or greenhouse. The growing of plants, shrubs and trees, outdoors or in a greenhouse, for sale and transplantation are subject to the following provisions:

(a) This use does not include a retail garden center. A retail garden center shall be considered to be use E1 or E2 and shall meet the zoning requirements for use E1 or E2, whichever is applicable.

(b) Minimum lot area: three acres.

(c) Maximum impervious surface: 10%.

(d) Sales of items grown shall be conducted in accordance with Use H7 regulations relating to roadside stands.

(e) Parking shall be provided in designated areas.

(5) Stable. An establishment where horses and/or other equines including, but not limited to, mules, ponies, or donkeys are boarded and cared for and/or where instruction in riding, jumping and showing is offered and/or the general public may, for a fee, hire horses for riding. Such use is subject to the following provisions:

(a) Minimum lot area: five acres.

(b) Any building or structure used for the keeping or raising of horses shall be situated not less than 100 feet from any street line or property line.

(c) Maximum impervious surface ratio: 3%.

(d) One single-family detached dwelling shall be permitted on the same tract with this principal use; provided that the yard and setback requirements for B1 single-family detached use for the applicable zoning district shall be met.

(e) Retail sales of related items shall be limited to a maximum floor area of 750 square feet.

(f) No more than one horse per acre shall be permitted.

(6) Kennel. The boarding, breeding, raising, grooming or training of domestic animals shall be subject to the following provisions:

(a) Minimum lot area: six acres.

(b) No animal shelter or run shall be located closer than 200 feet from any street line or property line.

(c) Maximum impervious surface ratio: 30%.

(d) Retail sales of related items shall be limited to a maximum floor area of 750 square feet.

(e) No structure for the storage or processing of animal waste shall be situated less than 200 feet from any street line or property line. No storage, processing or spraying of animal waste shall take place outdoors.

(f) No animal shall be permitted to use outdoor runs from 8:00 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.

(g) All dog runs shall be located to the side and/or rear of the principal building, whenever possible.

(h) Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be heard within any adjacent principal building.

B. Residential uses.

(1) Single-family detached dwelling. A single-family detached dwelling shall include a single dwelling unit with a front, rear, and two side yards. Detached dwellings may include dwellings constructed on the lot, prefabricated dwellings, and modular dwellings. Single-family detached uses shall comply with the requirements in § 440-38 for Use B1, and are subject to the following provisions:

(a) If the dwelling is a mobile/manufactured home, the following conditions shall also apply:

[1] The provisions of all current municipal ordinances regulating mobile/manufactured homes and regulations of the DEP regarding water supply and waste disposal shall be adhered to.

[2] The area between ground level and the perimeter of the mobile/manufactured home shall be enclosed by means of wood or aluminum skirting or other similar material.

(2) Single-family semidetached dwelling. A single-family semidetached dwelling, or twin, is a residential unit within a two-dwelling building, with only one wall in common with another dwelling.

(3) Two-family detached dwelling. A two-family detached dwelling, or duplex, is a detached dwelling within a two-dwelling unit building, with one dwelling above the other.

(4) Single-family attached dwelling. A single-family attached or townhouse dwelling is a single-family attached or semi-detached dwelling within a multi-dwelling building, with only one dwelling from ground to roof, and not more than two walls of each dwelling in common with other such dwellings, provided:

(a) Dwellings shall be arranged in groups or clusters and not in long rows parallel to street lines. No more than eight such buildings may be so attached in any one group.

(b) To create architectural interest in the layout and character of housing fronting streets, variations in setbacks, materials and design shall be encouraged. In any case, a minimum two-foot variation in setback shall occur at least every third dwelling.

(5) Multifamily dwelling. An attached dwelling unit consisting of three or more dwelling units that may be arranged in a variety of configurations: side by side, back to back or vertically.

(a) The maximum length of such a building shall be 180 feet.

(b) Multifamily units shall be arranged in groups or clusters and not in long rows parallel to street lines.

(c) To create architectural interest in the layout and character of housing fronting streets, variations in setbacks, materials and design shall be used.

(d) The distance between any two buildings, either of which faces or backs upon the other in whole or in part, shall not be less than 75 feet.

(e) The distance between the ends of two buildings, similarly oriented and without openings or windows in the end walls, shall not be less than 25 feet.

(f) The distance between any building face and a parking area shall not be less than 20 feet.

(g) All multifamily developments shall be served by public water and public centralized sewage disposal facilities.

(h) The following yard requirements for multifamily development shall apply:

[1] Front yard: 100 feet.

[2] Side yard: 75 feet each side.

[3] Rear yard: 75 feet.

[4] Minimum lot width: 300 feet.

(6) Group home. Group homes are facilities for the purpose of providing temporary or permanent residential housing for persons who are unable to maintain a residence for themselves, including the mentally or physically handicapped. For purposes of this chapter, group homes shall not include facilities for treatment or rehabilitation, halfway houses, or nursing homes, and are subject to the following provisions:

(a) A group home shall be operated by a group, organization, or corporation. Proof of compliance with all applicable regulations of any governmental agency authorized to regulate such group shall be obtained and submitted to the Township prior to the issuance of any zoning permit.

(b) No cooking or dining facilities shall be provided in individual rooms.

(c) The use shall be conducted in a building designed to be or to look like a single- family residential home. No signs of any type identifying the use are permitted.

(7) Cluster development. A cluster development use shall be limited to single-family detached dwellings and/or single-family semidetached (twin) dwellings on individual lots. Cluster development is intended to provide flexibility in the design of residential developments and to preserve open space and provide other public amenities and services by permitting a reduction in residential lot size. Cluster development may be used to provide for open space, protection of critical natural features not protected by other regulations, park land, recreational facilities, community facilities, historic sites or other public uses.

(a) Minimum tract area: four acres.

(b) Lot dimensions for cluster development.

Zoning District	Permitted Min. Lot Area in a Cluster Development (square feet)	Permitted Min. Lot Width in a Cluster Development (feet)	Minimum Common Open Space on the Tract2
CR without public water service	43,5601	150	40%
CR with public water service	40,0001	150	40%
AR, AR-I, SR or V with neither central sewage nor public water	43,5601	150	10%
AR, or AR-I with Township-approved central sewage but not public water	25,0001	120	30%
AR, or AR-I with public water and Township-approved central sewage	Option 1: 15,0001 Option 2: 20,0001 For both options, the minimum yards may be reduced by 30% from what would otherwise apply	Option 1: 100 Option 2: 120	Option 1: 50% Option 2: 40%
SR or V with Township-approved central sewage but not public water	20,0001	90	25%
SR with public water and Township-approved central sewage
Single-family detached	a) 8,000	a) 70	20%
Semidetached (twin), per dwelling unit	b) 5,000	b) 40
V with public water and central sewage
Single-family detached	a) 6,000	a) 50	20%
Semidetached (twin), per dwelling unit	b) 4,000	b) 30

Notes:
1	Shall be restricted to single-family detached dwellings.
2	Shall be calculated based upon the "total area of the tract."

(c) The cluster development shall be designed as a unified, coordinated residential development, and shall be approved within a development plan controlled by a single development entity. After final subdivision approval and within an approved development agreement, a developer may sell individual lots to different builders or home buyers, provided that the developer or his/her successor remains responsible for ensuring the compliance with the approved development plan.

(d) Areas set aside for open space shall be part of the same tract as the proposed cluster development, be suitable for the designated purpose and shall be consistent with the future land use plan policies of the Township. Any such area shall contain no structure other than a structure related to the purposes of the open space. Where structures are included in the open space, no more than 5% of the total open space area may be used for buildings.

(e) Open space shall be connected and uninterrupted by unrelated buildings or drives and appropriately landscaped and designated as open space. Open space areas shall be interconnected with open space areas on abutting parcels whenever possible. It shall be incumbent upon the applicant to demonstrate that the open space configuration meets the intent of the cluster philosophy and the goals of the Township and is compatible with the surrounding areas.

(f) Any land set aside as open space must be made subject to a deed restriction, conservation easement or agreement acceptable to the Board of Supervisors and duly recorded in the County Recorder of Deeds Office.

(g) A cluster development shall have an interior street system that minimizes or avoids the need for individual driveways entering directly onto arterial or major collector streets.

(8) Manufactured/mobile home park. A manufactured/mobile home park is a parcel or contiguous parcels of land which has been so designated and improved that it contains two or more manufactured/mobile home lots for the placement thereon of manufactured/mobile homes.

(a) The minimum tract area shall be two contiguous acres, which shall be under single ownership, but which may include land in an abutting existing mobile home park. The tract shall have a minimum width at the minimum building setback line of 200 feet. Two abutting lots may be merged together to form a single mobile/manufactured home park.

(b) Density. The maximum average overall density shall be five dwelling units per acre.

(c) If an existing mobile home park is to be expanded into an area not previously part of that mobile home park, the maximum density and minimum common open space for the new area shall be considered separately from the previously approved areas of the mobile home park. All expansions to an existing park shall also meet all other provisions of this and other applicable ordinances.

(d) Landscaped perimeter. Each mobile/manufactured home park shall include a 25-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. Such landscaped area shall not be required between adjacent mobile home park developments. This landscaped area shall be 50 feet wide abutting existing single-family detached dwellings. The same area of land may count towards both the landscaped area and the building setback requirements.

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

(f) A minimum of 10% of the total lot area of the entire mobile home park shall be set aside as common open space for the residents.

(g) All manufactured/mobile home parks shall be served by a public sewage disposal system or a nonpublic centralized sewer system acceptable to the Pennsylvania Department of Environmental Protection and shall be served by a centralized water supply system, either public or nonpublic.

(9) Boarding/rooming house. A dwelling used for the housing of roomers, boarders, or lodgers with or without common eating facilities, including dormitory, fraternity, sorority, or other buildings of charitable, educational, or philanthropic institutions, are subject to the following provisions:

(a) Minimum lot area: one acre.

(b) Minimum setback from all lot lines: 50 feet.

(c) Each sleeping room shall be limited to two persons each.

(d) Maximum number of residents: 20.

(e) A 20-foot-wide buffer yard with screening meeting § 440-78B shall be provided between any boardinghouse building and any abutting single-family detached dwelling that is within 100 feet of the proposed boardinghouse building.

(f) Rooms shall be rented for a minimum period of five consecutive days.

C. Religious, Educational, Recreational or Institutional Uses.

(1) Place of worship. Such use shall include a church, synagogue, or other place of worship, provided:

(a) Access shall be to a collector or arterial roadway or to a street which lies within 1,000 feet of a collector or arterial roadway.

(b) Minimum lot area: two acres, except one acre in the C or V Districts.

(c) One dwelling unit may be accessory to a place of worship on the same lot, provided that it is only used to house religious leaders and their families.

(d) Accessory uses may include, but shall not be limited to, the following: community groups, service organizations, clubs, athletic associations; meetings, gatherings, instruction, performances and festivals; or other such functions. Parking for ancillary activities or use shall not interfere with, nor conflict with, the operation of the principal use or any adjacent uses.

(2) School. A school shall include a private school, religious or non-religious, and a public school which is not conducted as a private, gainful business, and is licensed under the proper governmental authority, provided:

(a) The minimum lot area for elementary schools, junior high schools, middle schools or high schools shall meet the minimum requirements of the Pennsylvania Department of Education.

(b) Access shall be to a collector or arterial roadway.

(c) Play equipment, and recreational and athletic facilities shall be setback a minimum of 50 feet from any property line and 75 feet from an abutting residential lot line.

(d) Outdoor athletic fields, courts, or play areas located within 800 feet of a property line or street line may be illuminated until 10:00 p.m. at the latest.

(e) To promote walkability sidewalks shall be provided along all road frontages and paved paths shall be provided to adjacent residential neighborhoods or parks where not accessible by existing sidewalks.

(f) Ancillary activities or use of the facilities is permitted and may include, but shall not be limited to, the following: community groups, service organizations, clubs, athletic associations; meetings, gatherings, instruction, performances and festivals; or other such functions. Parking for ancillary activities or use shall not interfere with, nor conflict with, the operation of the principal use or any adjacent uses.

(3) Commercial school. Trade or professional school, music or dancing school, or other schools not included in Uses C2, School, or C9, Day-care facility.

(a) Play equipment, and recreational and athletic facilities shall be setback a minimum of 50 feet from any property line and 75 feet from an abutting residential lot line.

(b) Outdoor athletic fields, courts, or play areas located within 800 feet of a property line or street line may be illuminated until 10:00 p.m. at the latest.

(4) Library or museum. Such use shall include a library or museum open to the public or connected with a permitted educational use and not conducted as a private, gainful business.

(5) Recreational facility, public. Recreational facility or park owned or operated by the municipality or other governmental agency, subject to the following provisions:

(a) No outdoor active recreation area shall be located nearer than 100 feet to any lot line.

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

(c) Ancillary activities or use of the facilities is permitted and may include, but shall not be limited to, the following: community groups, service organizations, clubs, athletic associations; meetings, gatherings, instruction, performances and festivals; or other such functions. Parking for ancillary activities or use shall not interfere with, nor conflict with, the operation of the principal use or any adjacent uses.

(6) Athletic facility, private. This use shall be limited to a commercial athletic recreational facility owned or operated by a nongovernmental agency and shall be limited to the following uses and facilities related thereto: fitness club or athletic training center, dance or gymnastics studio; tennis, racquetball, or squash club, and shall be subject to the following:

(a) A minimum lot size of three acres is required.

(b) The use shall not permit amusement parks, wild animal parks, or zoos.

(c) No outdoor active recreational area shall be located nearer to any lot line than 100 feet.

(d) A planted buffer 20 feet in width shall be provided where the use abuts existing residences or land zoned residential.

(7) Golf course. An area designed for the play of the game of golf containing greens, tees, fairways, bunkers and related areas. This use shall not include a miniature golf course. A golf course is subject to the following provisions:

(a) A lot area of not less than 60 acres shall be required.

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

(c) A buffer shall be provided, in accordance with the provisions of this chapter, along side and rear property lines where abutting properties are in any residential district or residential use.

(d) No golf hole shall be closer than 150 feet to a lot line or street line, measured from the center line of the hole.

(e) The golf course may include the following accessory uses: practice driving ranges and putting greens; restrooms and rain shelters; maintenance facilities; golf cart storage; golf dub and general storage facilities; caddy shack; golf club repair facilities; and pro shops.

(f) Clubhouse facilities. Clubhouse facilities including locker rooms, restrooms and shower facilities; administrative, management and club membership offices; private dining facilities, including formal dining, grillroom, bar and lounge, and snack bar; and indoor and outdoor recreational facilities shall be permitted provided such facilities shall be clearly accessory to the golf course.

(8) Private organization/club or community center. A building and related facilities used for fraternal, educational, social, cultural or recreational activities, owned or operated by a corporation, association or group of individuals, or by an educational, philanthropic, governmental or religious institution.

(a) The use shall not be conducted as a private gainful business.

(b) No outdoor recreational area shall be located nearer to any lot line than 100 feet.

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

(9) Day-care facility. A facility in which out-of-home day care is provided to four or more children, disabled persons and/or elderly or any combination thereof. A day-care center is subject to the following provisions:

(a) The regulations of the Pennsylvania Department of Public Welfare shall be followed and a license obtained.

(b) An outdoor recreation area shall be provided with a minimum area of 200 square feet for each child utilizing the outdoor recreation area at one time and 100 square feet for each disabled or elderly person. This outdoor play area shall be located to the side or the rear of the lot and shall not include any parking areas. The outdoor play area shall be fully enclosed by a four-foot high fence and shall be sufficiently screened and insulated so as to protect the neighborhood from inappropriate noise and other disturbance.

(c) In residential districts, where permitted as a principal use, shall have a minimum lot area of 20,000 square feet and a minimum setback of 15 feet from an abutting residential lot line.

(d) Outside play areas in residential districts shall be limited to use between 8:00 a.m. and 8:00 p.m. if located within 200 feet of an abutting dwelling.

(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) This use shall not be conducted in a dwelling that is physically attached to another dwelling that does not have a common owner.

(10) Hospital. A state-licensed facility subject to the following provisions:

(a) A hospital use shall be served by at least two accessways or driveways with a minimum width of 24 feet. One of these accesses shall be from an arterial or collector street.

(b) Minimum lot area: 10 acres.

(c) The minimum lot width shall be 500 feet.

(d) A hospital may include a heliport for emergency medical transportation.

(e) A maximum total of 75,000 square feet of medical and dental office space shall be permitted on the lot of a hospital, in addition to administrative offices of the hospital itself.

(f) Where the use adjoins existing residential uses, buffer planting shall be provided in a 25-foot buffer yard. Care shall be taken to locate emergency and service entrances where they are not offensive to adjoining neighbors.

(11) Nursing home or assisted living facility. A nursing facility or convalescent home licensed by the Pennsylvania Department of Health which is set up to provide long term health care to individuals who, by reason of advanced age, chronic illness or disabilities are unable to care for themselves. Such use is subject to the following provisions:

(a) A minimum of 20% of the lot shall be suitable and developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks.

(b) Setback. Principal and accessory buildings shall be set back a minimum of 50 feet from a residential lot line, unless a larger setback is established in § 440-38.

(c) The density shall not exceed more than one resident or bed per 250 square feet of total lot area.

(12) Municipal/government facility. All municipal buildings, structures and uses including, but not limited to, governmental offices, garages for the storage of tools, equipment and vehicles, municipally sponsored police and emergency services, transportation, utilities, renewable energy facilities, education, emergency services, recreation, pedestrian safety, information resources and the use of land for the stockpiling of materials used by the municipality in its municipal functions. Such use shall not be deemed to encompass a landfill, incinerator or other waste disposal facility.

(13) Cemetery. A burial place or graveyard including mausoleum, crematory or columbarium, subject to the following provisions:

(a) Minimum lot area: two acres, which may be on the same lot as a place of worship.

(b) A crematorium shall be set back a minimum of 150 feet from all residential lot lines.

(c) No more than 10% of the lot area, to a maximum of five acres, may be devoted to aboveground buildings not serving as burial markers or memorials, such as business and administrative offices, chapels, maintenance facilities and the like. This restriction includes parking facilities.

(d) No building or structure shall be located within 50 feet of a property line or street line.

(e) One single-family detached dwelling for a full-time caretaker shall be permitted.

(f) Where interior roads are provided, they shall be paved according to municipal standards, shall have minimum width of 12 feet if one-way and 20 feet if two-way. There shall be no dead-end roads, unless provided with a turn-around having a center line radius of at least 40 feet.

(14) Treatment/rehabilitation center. Such use shall be limited to clinics for the diagnosis, treatment and rehabilitation of persons with dependency on drugs and/or alcohol; such facilities must be licensed by the Commonwealth of Pennsylvania. The minimum lot size shall be five acres.

(a) All treatment/rehabilitation centers and all entities operating a treatment/rehabilitation center shall comply with any and all applicable local, state and federal ordinances, statutes, rules and/or regulations. Proof of compliance with such ordinances, statutes, rules and regulations shall be furnished to the Township as a condition of conditional use approval.

(15) Target/shooting range (indoor).

(a) An indoor firearms target range shall be adequately ventilated and/or air-conditioned to allow the building to remain completely enclosed.

(b) All shooting activities must be indoor only.

(c) Must be located in a stand-alone building (no planned centers, connected storefronts sharing a common wall, or lots with zero lot line development or shared parking).

(d) A minimum 50-foot-wide buffer shall be maintained between built elements (including paved parking areas) of the proposed facility and any adjacent, residential property.

(e) All indoor shooting ranges shall be of soundproof construction whereby the sound from the discharge of any firearm and the impact of any projectile shall not be plainly audible across any adjoining property line or at a distance of 50 feet from the building, whichever distance is greater.

(f) All indoor shooting ranges shall comply with all local, state, and/or federal regulations related to indoor shooting ranges.

(g) No service or sales of alcoholic beverages shall be allowed within the shooting range facility or on the shooting range property.

(16) Target/shooting range (outdoor).

(a) All target ranges shall have a barrier behind the target area which is of sufficient height and thickness to adequately protect the public safety. This barrier shall be made of earth for an outdoor firearms range.

(b) An outdoor firearms target range shall comply with any applicable published standards of the National Rifle Association and other applicable federal, state and local regulations.

(c) An outdoor firearms target range and any firing stations shall be located a minimum of 250 feet from any residential lot line, unless all firing would occur within a completely enclosed sound-resistant building. Clay pigeon shooting shall be directed away from homes and streets.

(d) An outdoor firearms target range shall be properly posted.

D. Office uses.

(1) Office. A building for business, professional or governmental offices, provided that:

(a) Such use shall be carried on wholly indoors and within the principal building.

(b) No office building shall include a store, beauty shop, or other personal service shop.

(2) Medical office. Such use shall be limited to a building or buildings with multiple offices for more than one physician or dentist or other medical professional for examination or treatment of persons as outpatients and laboratories incidental thereto.

E. Retail and consumer services uses.

(1) Retail store. A retail store shall include a store selling apparel, baked goods, books, confections, drugs, dry goods, flowers, foodstuffs, furniture, gifts, liquor, hardware, toys, household appliances, jewelry, notions, periodicals, shoes, stationery, tobacco, paint, audio-visual equipment and supplies, cards, novelties, hobby and art supplies, music, luggage, sporting goods, pets, floor covering, garden supplies, plants, fabrics, beer, wine and non-alcoholic beverages, provided:

(a) All products produced on the premises are sold on the premises.

(b) Over-the-counter sales of alcoholic beverages intended for consumption on the premises is not permitted. Over-the-counter sale of alcoholic beverages in taverns and bars is not included.

(c) There shall be no sales of gasoline or motor vehicle fuel in any retail store. The sale of gasoline or motor vehicle fuel shall require the use to be classified as a Use E10 or E11, and shall meet the requirements of that use and shall only be permitted in zoning districts where Use E10 or E11 is permitted.

(d) Stores with a gross floor area in excess of 10,000 square feet are not included. Retail stores in excess of 10,000 square feet must meet the requirements of use E2, Large retail store, and are permitted only in districts where use E2 is permitted.

(2) Large retail store. A large retail store shall include a store with greater than 10,000 square feet of floor area including, regardless of size, any variety store, supermarket, department store, and discount store, provided:

(a) All products produced on the premises shall be sold on the premises at retail.

(3) Service business. A service business shall include such uses as a barber, beautician, laundry and dry cleaning (whether or not coin operated), shoe repair, tailor, photographer, newspaper, printer, and travel agency, provided:

(a) Uses requiring large amounts of water shall be served by public water and sewers.

(4) Financial establishment. A financial establishment shall be limited to a bank, savings and loan association, credit union or other financial establishment, provided that if a drive-in window is provided, a stacking area to accommodate at least six vehicles shall be provided for each drive-in window.

(5) Eating place (restaurant). Eating place for the sale and consumption of food and beverages without drive-in service. The sale of alcoholic beverages must be incidental to the sale and consumption of food.

(6) Eating place (restaurant) with drive through. Such use shall be limited to cafeterias and eating establishments in which the principal business is the sale of foods and/or beverages in a ready-to-consume state for consumption either within the restaurant building or for carryout with consumption off the premises, provided that:

(a) The use must have direct access to an arterial or collector roadway.

(b) Where a drive-through window is proposed, a stacking lane shall be provided to serve a minimum of 10 vehicles. The stacking lane shall not be used for parking lot circulation aisles nor shall it in any way conflict with through circulation or parking.

(c) Drive-through aisles shall be screened from view from public and private streets, areas accessible to the general public, and areas shown for residential use in the general plan by a decorative masonry fence a minimum of six feet in height measured from the grade of the aisle, a continuous landscape buffer a minimum of six feet in height, or a combination of fencing and landscaping a minimum of six feet in height.

(d) All such restaurants shall provide a trash storage area which shall be screened from the street and adjacent properties, in accordance with this chapter, to prevent trash from blowing from the area and to permit safe and easy removal of the trash.

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

(7) Repair shop. A repair shop shall include any business for the repair of appliances, lawn mowers, watches, guns, bicycles, locks, and small business machines, but not including automobile, vehicle and motorcycle repairs.

(8) Motel, hotel or inn. Such use shall be limited to a building or group of buildings containing rooms for rent for the accommodation of transient guests, chiefly motorists provided that:

(a) The use must have direct access to an arterial or collector roadway.

(b) Motels, hotels and/or inns may contain the following accessory facilities: eating place, tavern, conference and meeting rooms, and banquet rooms.

(c) Units in such facilities shall contain a minimum of 200 square feet of floor space, with a minimum of two rooms: a bedroom and a separate bathroom equipped with a flush water closet, a lavatory basin and a bathtub or shower, all properly connected to a public water and public centralized sewer system.

(d) Minimum lot area: three acres.

(e) Any retail or commercial use accessory to the hotel, motel or inn use shall be subject to the following restrictions:

[1] The accessory use shall be contained within the hotel, motel or inn building, and any customer entrance to any place of business, except for a banquet, convention or conference center associated with the hotel, motel or inn, shall be from inside the building.

[2] The accessory use, except for a banquet, convention or conference center associated with the hotel, motel or inn, shall be principally for customers of the hotel, motel or inn.

[3] There shall be no display of merchandise or other manifestation of commercial or retail use visible from the street or property line.

(9) Entertainment. An entertainment facility shall include a bowling alley, skating rink, pool hall, movie theater, theater, video gaming/pinball arcade, miniature golf or other similar use, provided:

(a) No outdoor active recreation area shall be located nearer to any lot line than 100 feet.

(b) This use does not include a shooting range or target or gun club.

(c) Outdoor play areas shall be sufficiently screened with a fence or a planted buffer 10 feet in width.

(10) Vehicle service station. A service station shall be limited to a building or group of buildings for the sale of petroleum and other alternative fuel products, tires and automotive service, provided that:

(a) A minimum lot width of not less than 200 feet shall be provided along each street on which the lot abuts.

(b) The minimum lot area shall be one acre.

(c) Such use shall be located on an arterial or a higher order road.

(d) All pumps, lifts and other service facilities shall be located not closer than 35 feet to any lot or street line.

(e) No vehicle shall be stored in the open, except those awaiting minor repairs, for a period exceeding 10 consecutive days.

(f) All lubricating, making of minor repairs or similar activities shall be performed in an enclosed building.

(g) All parking, access and outdoor service areas shall be graded, surfaced, drained and suitably maintained to the satisfaction of the Township Engineer to the extent necessary to avoid nuisances of dust, erosion or excessive water flow across streets.

(h) All automobile parts and similar articles shall be stored within a building.

(i) All refuse shall be stored within a building or enclosed area.

(j) Paint spraying or body and fender work shall not be permitted.

(k) Junk vehicles, which are defined as those vehicles without a valid registration sticker or with a registration sticker that has been expired in excess of 30 days, shall not be stored in the open at any time.

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

(m) Convenience shopping shall be permitted as an accessory use to the sale of petroleum products, provided that:

[1] It shall be in lieu of the sale of tires and automotive service.

[2] The use shall occupy no more than 50% of the service station building.

(n) Service stations designed to offer to the public self-service facilities for dispensing of gasoline and other motor vehicle fuels shall meet the following conditions:

[1] At least one qualified attendant shall be on duty while the station is open to the public, whose primary function shall be to supervise, observe and control dispensing of flammable or combustible liquids.

[2] The attendants shall be situated so as to have a clear view of the dispensing operations.

[3] A voice communication system, such as but not limited to an intercom system, shall be provided so as to allow direct voice communications at all times between the person dispensing flammable or combustible liquids and the attendant.

[4] Emergency controls, including the main power shutoff, shall be conspicuously posted in the immediate vicinity of the principal control or the dispenser island.

[5] Instructions for the operation of the dispensers shall be conspicuously posted on either the dispenser or the dispenser island.

[6] A list of emergency procedures and instructions shall be conspicuously posted in the immediate vicinity of the principal control location of the attendant.

[7] Fire-extinguishing and flammable liquids dispensing equipment shall be approved through National Standards testing.

[8] At least one fire extinguisher shall be located within 25 feet of each gasoline pump.

[9] Warning signs shall be placed in a conspicuous place with each sign indicating "Warning: (a) It is unlawful to dispense gasoline into any portable container unless the container is constructed of metal or is approved by the Fire Marshal; (b) No smoking; (c) Stop motor."

(11) Vehicle fueling center and convenience store. A facility associated with the sale of gasoline and other alternative fuel products that also offers for sale grocery type items, and including items from the following groups: beverages, snacks (including confectionery), dairy products and tobacco. Food preparation for take-away consumption shall be permitted. The use may provide for indoor automated teller machines and financial services, indoor public telephone facilities, indoor vending machines, electric vehicle charging stations, drive-through facilities and air pumps for the inflation of tires.

(a) The minimum required lot area: two acres.

(b) The minimum required lot width: 200 feet measured at the street line.

(c) Access shall be to an arterial roadway.

(d) All activities except those performed at fuel pumps and air pumps must be performed completely within an enclosed building.

(e) No drive-in windows are permitted for the sale of convenience items.

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

(g) As part of the land development approval process, the applicant is required to present a plan that demonstrates the methods by which any spills of liquids will be contained and shall also demonstrate that the stormwater management system is designed to capture volatile organic compounds, oils and solids. The applicant shall submit a copy of the maintenance agreement setting forth the terms for the management of the facility.

(h) Such use may be conducted on a 24-hour basis, notwithstanding any other provision of this subsection, providing that all of the following criteria are met:

[1] A buffer or screen which is a minimum six feet high above grade, consisting of two of the following elements (except for an area occupied by a trash enclosure, in which case the screen shall consist of one of the following elements): a decorative wall, fencing, or landscaping to screen adjoining residential properties and to inhibit light generated on-site from traversing off the site.

[2] No amplified sound and/or gas pump televisions are permitted to be operated between the hours of 10:00 p.m. and 7:00 a.m.

(12) Vehicle sales. The sale, lease or rental of new or used automobiles, trucks (not exceeding one ton), motorcycles, boats and recreational vehicles, subject to the following provisions:

(a) All outside lighting shall be directed in such a way as not to create a nuisance to any adjacent property, and all lighting shall be arranged and shielded so as to protect the street or highway and adjoining property from direct glare or hazardous interference of any kind.

(b) All facilities shall be located and all services be conducted within the confines of the lot.

(c) All preparation, lubrication, repair or similar activities shall be accessory.

(13) Vehicle repair and paint shop. Automobile repair garage, including paint spraying and body and fender work, subject to the following provisions:

(a) All work shall be performed within a fully enclosed building.

(b) All automobile parts and similar articles shall be stored within a building.

(c) Vehicles awaiting repairs shall not be stored outdoors for more than 30 days.

(d) The sale of automotive accessories, parts, tires, batteries and other supplies shall be permitted in conjunction with this use.

(14) Car wash. A facility for washing automobiles, subject to the following provisions:

(a) A car wash shall include a water recycling facility.

(b) Car washes shall be designed with a stacking area to accommodate a minimum of eight cars. The stacking area shall not in any way conflict with through circulation or parking.

(c) Self-service car wash facilities shall be permitted to operate only between the hours of 7:00 a.m. and 10:00 p.m.

(15) Shopping center. Such use shall be limited to a building or a group of buildings, designed as a planned complex of related structures and circulation patterns, subject to the following additional criteria:

(a) Minimum lot area: four acres.

(b) Minimum lot width: 500 feet.

(c) Such centers shall be located on an arterial or higher order road.

(d) Not more than 25% of the total lot area shall be occupied by buildings.

(e) Permitted uses. D1, Office; D2, Medical office; E1, Retail store; E2, Large retail store; E3 Service business; E4, Financial establishment; E5, Eating place; E6, Eating place (with drive through); E7, Repair shop; E9, Entertainment; and F4, Terminal.

(f) Any use of the same general character as any of the above permitted uses shall be permitted when authorized as a special exception by the Zoning Hearing Board, subject to such reasonable restrictions as the Zoning Hearing Board may determine.

(g) The proposed development shall be constructed in accordance with an overall plan and shall be designed as a single architectural unit with appropriate landscaping and coordinated access.

(h) Outdoor storage and displays shall conform to the provisions of Use H4, Outside storage.

(i) The distance at the closest point between any two buildings or groups of units of attached buildings shall be not less than 20 feet.

(j) The proposed development shall be served by adequate water and public sewage disposal facilities, the adequacy of which shall be demonstrated and guaranteed to the satisfaction of the municipal governing body.

(k) Lighting facilities shall be provided and arranged in a manner which will protect the highway and neighboring properties from any direct glare or hazardous interference of any kind.

(16) Funeral home. An establishment for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation. Such use may include a crematorium as an accessory to the funeral home.

(a) Minimum lot area: two acres.

(b) A crematorium shall be set back a minimum of 150 feet from all residential lot lines.

(17) Veterinary office or clinic. Such use shall be limited to the office of veterinarian. If a kennel is part of the office or clinic, the use shall meet the regulations of use A6, Kennel.

(18) Tavern or bar. An establishment which serves alcoholic beverages for on premises consumption and which is licensed by the Pennsylvania Liquor Control Board. The sale of food shall be incidental to the primary use.

(19) Craft beverage production facility. A craft beverage production facility is a small, independent facility that manufactures craft beverages (as defined herein) and whose flavor derives from traditional or innovative ingredients, manufacturing techniques and their fermentation. Permitted activities of a craft beverage production facility may include what is commonly known as a "tasting room" for the purpose of tasting, or otherwise sampling, and promoting the sale of its craft beverages to consumers. A craft beverage production facility may offer its product for retail and wholesale distribution and shall meet all applicable licensing requirements of governmental agencies.

(a) Only those craft beverage production facilities that produce less than 2,000 gallons of craft beverages per year and have no tasting room are permitted by special exception in residential zoning districts.

(b) Craft beverage production facilities that produce 2,000 gallons or more of craft beverages per year, and those craft beverage production facilities that have a tasting room are permitted by special exception in commercial zoning districts only.

(c) Craft beverage production facilities, with a tasting room, are permitted by special exception in the AR Zoning District where the property it is located is 10 acres or more and at least 50% of the craft beverage ingredients used in the production of the craft beverage are raised on a farm owned by the same property owner as the craft beverage production facility. A 30-foot buffer is required along the frontage of all streets and a 50-foot buffer is required between the craft production facility and all other uses. Trees used for screen buffers shall be composed of 100% evergreen varieties and arranged to provide a 100% visual screen within eight years of planting. Where the buffer planting requires more than 50 trees, no more than one-third of these trees may be of a single variety.

(d) A craft beverage production facility, as defined, is a special exception use and as such shall meet all of the requirements for special exception approval, as well as all other applicable requirements of this chapter including, without limitation, the specific requirements in which the use is located unless otherwise modified herein. Land development approval may be required depending upon the proposed use. UCC Building Code approval(s) may be required depending upon the proposed use.

(e) Demonstration of compliance with all requirements of applicable federal, state and local laws, ordinances, rules and regulations which shall include septic approval. The use of temporary restroom facilities is prohibited.

(f) Receipt of all necessary licenses from, and approvals by, regulatory agencies.

(g) The owner shall provide to the Township a yearly report by January 31 of the next year, containing the following information:

[1] Total gallons and types of craft beverages manufactured on the premises;

[2] Total gallons and types of craft beverages produced by manufacturers other than the owner and sold for consumption on the premises;

[3] Total gallons and types of craft beverages produced by the owner and sold at the premises for consumption or retail sales (exclusive of wholesale distribution);

[4] Total gallons and types of craft beverages sold on the premises for consumption or retail sales; and

[5] Total gallons and types of craft beverages manufactured and distributed wholesale from the premises.

(h) During hours of operation, where a tasting room exists, food shall be provided for consumption on the premises by patrons. A food truck service may satisfy the requirement of this subsection. Food trucks, trailers or other vehicles providing food service to the premises shall be parked on site and shall not encroach upon the public right-of-way nor consume any of the otherwise required parking spaces for this use.

(i) Adaptive reuse of an existing barn or other building is highly encouraged. Where generally not permitted by right or by special exception in the zoning district where an existing barn or other building exists, an adaptive reuse of such existing barn or other structure shall qualify for a special exception use in any zoning district at any time, for the following use: craft brewery, limited distillery or limited winery. If the subject property is within a residential zone, at least a 150-foot setback from any residence in such residential zone is required.

(j) Any special event shall obtain a special event permit and provide all necessary information for adequacy of parking, traffic control measures, etc., to the satisfaction of the Township.

(k) A craft brewery, a limited distillery or a limited winery is permitted as a home occupation, if the applicant can meet the requirements of Zoning Ordinance § 440-41H(1), as well as all other zoning requirements for the zoning district in which the proposed use is located, does not produce more than 2,000 gallons of craft beverages annually, and does not have a tasting room.

(20) Flea market. A periodic sales activity held within a building and/or outdoors, where retail merchants offer goods, new or used, for sale to the public, subject to the following provisions:

(a) This use does not include garage or yard sales.

(b) The minimum lot area shall be five acres.

(c) Outdoor sales area shall not be located in the minimum front, side or rear yards and shall be set back at least 50 feet from any lot line or street line.

(d) Sales directly from vehicles shall be prohibited.

(e) Tables and other accessories which are used for outdoor sales shall be stored within a completely enclosed building when the flea market is not open.

(f) Goods for sale must be removed from the site when the flea market is not in use.

(g) Outdoor sales areas shall not encroach upon required parking areas and shall not interfere with traffic movement on the site.

(21) Medical marijuana dispensary. A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a medical marijuana permit issued by the Department of Health of the Commonwealth of Pennsylvania under the Medical Marijuana Act (Act 16 of 2016)[2] to dispense medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19 of the Medical Marijuana Act.[3] A medical marijuana dispensary shall be subject to the following regulations:

(a) A medical marijuana dispensary shall be owned and operated in accordance with all applicable laws and regulations, including the Medical Marijuana Act and federal memoranda regarding medical marijuana.

(b) As part of the special exception use application, the applicant shall verify that the proposed medical marijuana dispensary is not within 1,000 feet of the property line of a public, private, or parochial school, preschool, or day-care facility.

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

(d) A medical marijuana dispensary may not be located on the same site used for growing and processing medical marijuana; nor in the same office as a practitioner or other physician.

(e) A medical marijuana dispensary shall submit a security plan to the Township. The security plan shall specify the type and manner of 24-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility as required by the Medical Marijuana Act and as supplemented by regulations promulgated by the Pennsylvania Department of Health pursuant to the Medical Marijuana Act.

[2] Editor's Note: See 35 P.S. § 10231.101 et seq.

[3] Editor's Note: See 35 P.S. § 10231.1901 et seq.

(22) Adult-oriented use. This term is limited to the following: adult bookstore, adult movie theater, massage parlor or adult live entertainment use:

(a) No such use shall be located within:

[1] 500 linear feet of the lot line of any library, public park, existing dwelling, or any site marked as a proposed future park location on any Township Official Map; nor

[2] 1,000 linear feet of the lot line of any primary or secondary school, place of worship, day-care center or child nursery.

(b) No such use shall be located within 1,000 linear feet of any existing "adult use."

(c) A 30-foot buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines in accordance with § 440-78, but with plantings of an initial minimum height of five feet.

(d) No pornographic material, displays or words shall be placed in view of persons who are not inside of the establishment. Definite precautions shall be made to prohibit minors from entering the premises.

(e) No such use shall be used for any purpose that violates any federal, state or Township law.

(f) See § 440-70, Prohibited signs.

(g) No such use shall be allowed in combination with the sale of alcoholic beverages.

(h) The use shall not include the sale or display of "obscene" materials, as defined by state law, as may be amended by applicable court decisions.

(i) These uses are specifically prohibited in all districts except where specifically permitted by Article III.

(j) A minimum lot area of two acres is required.

(k) For public health reasons, private or semiprivate viewing booths of any kind are prohibited. This specifically includes, but is not limited to, booths for viewing adult movies or nude dancers. No room of any kind accessible to customers shall include less than 150 square feet.

(l) No use may include live actual or simulated sex acts or any sexual contact between entertainers or between entertainers and customers.

(m) Only lawful massages as defined by state court decisions shall be performed in a massage parlor.

(n) All persons within any adult use shall wear nontransparent garments that cover their genitals and the female areola, except within a permitted lawful adult live entertainment use.

(o) Any application for such use shall state the names and home addresses of a) all individuals intended to have more than a 5% ownership in such use or in a corporation owning such use, and b) an on-site manager responsible to ensure compliance with this chapter on a daily basis. Any changes to such information shall be updated at the beginning of each year, in writing, to the Township.

(23) Campground. Such use may be owned by a public or private entity on which accommodations, including cabins, tents, and campers/camper trailers, for temporary and not year-round occupancy are located or may be placed and which is used for recreational purposes and retains an open air or natural character.

(a) The minimum lot area of a campground, public or private, shall be 20 acres.

(b) All activities within the campground shall be located at least 100 feet from any property line adjoining a residence and at least 50 feet from any other property line or public right of way.

(c) All outdoor storage areas, loading areas and dumpsters or waste collection areas shall be screened. Screens shall be a minimum of eight feet in height and shall be constructed as earth berms, fences or walls with a minimum height of eight feet and a minimum opacity of 80%.

(24) Bed-and-breakfast. The use and occupancy of a detached dwelling shall be permitted for accommodating transient guests for payment of a fee subject to the following additional conditions and restrictions:

(a) The minimum lot size for such use shall be one acre for the first two guest rooms and 20,000 square feet for each additional guest room. In no case shall the lot area be less than that required for single-family detached dwellings in the district in which the proposed bed-and-breakfast is located.

(b) There shall be no separate kitchen or cooking facilities in any guest room.

(c) The maximum uninterrupted length of stay shall be 14 days.

(d) The use of any amenities provided by such use, such as swimming pool or tennis courts, shall be restricted in use to guests of the establishment. The serving of meals shall be restricted to the guests of the establishment.

(e) If the facility is served by an on-lot water supply system and/or an on-lot wastewater disposal system, the applicant shall demonstrate to the satisfaction of the Township Sewage Enforcement Officer and the Board of Supervisors that these on-lot facilities are adequate to serve the maximum number of guests which could be housed at the facility at any one time.

(25) Mixed-use building. The conversion, construction, or reconstruction of a building designed to contain a mixture of uses consisting of commercial, office, retail or service businesses, which are permitted, as specified, in combination with a residential use.

(a) In a mixed-use building, commercial, office, and/or residential uses shall be permitted in a building on one lot. Permitted commercial and office uses shall be limited to the following: C4, Library or museum; D1, Office; D2, Medical office; E1, Retail store; E3, Service business; E5, Eating place; E7, Repair shop; E18, Tavern or bar; E19, Microbrewery, micro-winery, micro-distillery, brewpub or tasting room.

(b) Residential uses shall be on the second and third floors of a mixed-use building. Nonresidential uses shall be on the first and second floors only.

(c) Residential uses shall occupy at least 50% of the combined area of the upper floors of mixed-use buildings.

(d) All permitted uses associated with a mixed use shall be conducted within a completely enclosed building unless expressly authorized. This requirement does not apply to required parking or loading areas, automated teller machines or outdoor seating.

(26) Banquet hall/special event venue. Any establishment operated for profit wherein the facilities are leased on a temporary basis for private wedding receptions, meetings, banquets, and other similar events. Such establishments shall not be open to the general public and may include food preparation facilities and areas for dancing, dining and other entertainment activities customarily found in association with banquets or receptions.

(a) Operations shall not produce excessive noise, lighting, or other aspects and nuisance factors to residential or public uses which are in the proximity.

(b) Banquet hall operations shall cease between the hours of 12:00 midnight and 8:00 a.m. prevailing time.

(c) All outdoor entertainment shall cease between the hours of 11:00 p.m. and 8:00 a.m. prevailing time.

(d) Location of buildings and structures, traffic circulation and parking lots shall be designed to provide access for emergency vehicles.

(e) Storage of equipment and materials shall be in an enclosed building.

(f) Any and all lighting shall comply with requirements set forth in this chapter.

(g) All property lines adjoining residential use or zoning classification shall be screened by a buffer as defined by this chapter.

(h) Compliance with all applicable federal, state, local laws, regulations, building codes and Liquor Control Board shall be required.

F. Common carriers, public utilities, public service uses.

(1) Utility operating facility. Such use shall include a transformer station, pumping station, relay station, tower (transmission or relay), substation, sewage treatment plant, and any similar or related installation, not including a public incinerator and public or private landfill, and not including a wireless telecommunications facility, provided:

(a) Such installation is essential to serve the immediate community.

(b) No public business office or any storage yard or storage building is operated in connection with the use.

(c) No facility nor projecting area thereof as viewed in the plan view shall occupy greater than 10% of the property upon which it is located.

(d) A 50-foot buffer yard shall be provided along all property lines.

(e) No zoning permit shall be required for public utilities to be located in public streets or rights-of-way.

(2) Emergency services. Emergency services shall be limited to fire, ambulance, rescue and other emergency services of a municipal or volunteer nature.

(a) For facilities without a community room, there shall be a minimum lot size of one acre.

(b) For facilities with a community room, there shall be a minimum lot size of three acres.

(3) Transit terminal. A terminal shall be limited to a railway station or bus station providing transportation services to the general public.

(4) Wireless communication facility. The antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services.

(a) The definitions found herein apply only to wireless communications facilities and the regulations found in this section:

ACCESSORY EQUIPMENT

Any equipment serving or being used in conjunction with a wireless telecommunications facility or wireless support structure. The term includes utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar equipment.

ANTENNA

Telecommunications equipment that transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services. An antenna shall not include private residence-mounted satellite dishes or television antennas or amateur radio equipment including, without limitation, ham or citizen band radio antennas.

BASE STATION

A structure or equipment at a fixed location that enables Federal Communications Commission-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this subpart or any equipment associated with a tower.

[1] The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services (i.e., Wi-Fi) and fixed wireless services (i.e., point-to-point microwave transmissions) such as microwave backhaul.

[2] The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).

[3] The term includes any structure other than a tower that, at the time the relevant application is filed with the Township under this subsection, supports or houses equipment described in Subsections [1] and [2] of this section that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

[4] The term does not include any structure that, at the time the relevant application is filed with the Township under this section, does not support or house equipment described in Subsections [1] and [2] of this section.

CO-LOCATION

The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

DISTRIBUTED ANTENNA SYSTEM (DAS)

A small network of antennas that are connected to a common source that provides coverage in a building or a small geographic area.

ELIGIBLE FACILITIES REQUEST

Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving (i) co-location of new transmission equipment; (ii) removal of transmission equipment; or (iii) replacement of transmission equipment.

ELIGIBLE SUPPORT STRUCTURE

Any tower or base station, provided that it is existing at the time the relevant application is filed.

EQUIPMENT COMPOUND

An area surrounding or adjacent to a wireless support structure within which base stations, power supplies or accessory equipment are located.

FT. WORTH ATTACHMENT

A non-freestanding pole which is attached to an electrical transmission tower which is used to support antennas and accessory equipment and which is anchored to the ground and obtains lateral bracing by direct attachment to the electrical transmission tower.

MINIMUM FUNCTIONAL HEIGHT

Minimum height necessary for a WCF to function satisfactorily.

MODIFICATION

The improvement, upgrade or expansion of existing wireless telecommunications facilities or base stations on an existing wireless support structure or the improvement, upgrade or expansion of the wireless telecommunication facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.

MONOPOLE

A tower which consists of a single pole structure without any guy wires, designed and erected on the ground or on top of a structure, to support communications antennas and connect appurtenances.

REPLACEMENT

The replacement of existing wireless telecommunications facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight and height as the wireless telecommunications facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.

RIGHT-OF-WAY (ROW)

The surface of and space above and below any real property in the municipality in which the federal government, Commonwealth, municipality or municipal authority has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area or property under the control of the federal government, Commonwealth, municipality or municipal authority, and any non-exclusive public or utility easements established, dedicated, platted, improved or devoted for utility purposes. Private rights-of-way and other government-owned lands not listed above shall not be considered a right-of-way. The phrase "in the right(s)-of-way" means in, on, over, along, above and/or under the right(s)-of-way.

SITE

For towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.

STEALTH TECHNOLOGY

State-of-the-art design techniques used to blend objects into the surrounding environment and to minimize the visual impact as much as possible. These design techniques are applied to wireless communications towers, antennas and other facilities which blend the proposed WCF into the existing structure or visual backdrop in such a manner as to render it less visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, light poles, utility poles or flag poles.

SUBSTANTIAL CHANGE or SUBSTANTIALLY CHANGE

A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

[1] For towers other than towers in the public rights-of-way, it increases the original height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other existing towers or base stations, it increases the original height of the structure by more than 10% or more than 10 feet, whichever is greater. Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.[4]

[2] For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other existing towers or base stations, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;

[3] For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;

[4] It entails any excavation or deployment outside the current site.

TOWER

Any structure that exceeds 10 feet in height and is built for the sole or primary purpose of supporting any Federal Communications Commission-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services (i.e., Wi-Fi) and fixed wireless services (i.e., point-to-point microwave transmission) such as microwave backhaul, and the associated site. A building, water tower, electrical transmission tower, utility pole, light pole, traffic signal pole, flag pole or other similar structure designed and constructed for a sole or primary purpose other than supporting any Federal Communications Commission-licensed or authorized antennas and their associated facilities, as well as a Ft. Worth attachment shall not be considered a tower.

TOWER-BASED WIRELESS COMMUNICATIONS FACILITIES (TOWER-BASED WCF)

Wireless communications facilities that include the installation of a new tower to support the transmission equipment. A WCF that requires the replacement of an existing structure (i.e., building, water tower, utility pole, light pole, traffic signal pole, flag pole or other similar structure) to support the weight of a WCF is not considered a new tower-based WCF.

TRANSMISSION EQUIPMENT

Equipment that facilitates transmission for any Federal Communications Commission-licensed or authorized wireless communications service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as a microwave backhaul.

WCF ON EXISTING STRUCTURE

Wireless communications facilities located on existing structures such as, but not limited to buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signal poles, flag poles and other similar structures that do not require the installation of a new tower. This term includes the replacement of an existing structure with a similar structure that is required to support the weight of the proposed WCF.

WIRELESS

Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, personal communications service (PCS), microwave, satellite, or radio signals.

WIRELESS COMMUNICATIONS FACILITY (WCF)

The set of equipment and network components including antennas, transmitters, receivers, base stations, cabling and accessory equipment, used to provide wireless data and telecommunication services. The term shall not include the wireless support structure.

WIRELESS SUPPORT STRUCTURE

A freestanding structure, such as a guyed or self-supporting monopole or tower, electrical transmission tower, water tower or other structure not classified as a wireless support structure, including but not limited to buildings, light poles, utility poles, traffic signals and other similar structures that could support the placement or installation of wireless telecommunications facilities if approved by the municipality.

[4] Editor's Note: See 47 U.S.C. § 1455 et seq.

(b) Bulk and area requirements for tower-based WCF.

		WCF out of ROW	WCF in ROW
Height		Tower-Based WCFs shall be designed to Minimum Functional Height.15 Applicants must submit documentation justifying the total height.	Tower-Based WCFs shall be designed to Minimum Functional Height, not to exceed 40 feet in Residential Zoning Districts and 60 feet in Non-Residential Zoning Districts. Applicants must submit documentation justifying the total height.
Lot size	Only use on lot or property:	Subject to underlying zoning district.	Not Applicable.
	Combined with another use on lot or property:	Area needed to accommodate the WCF and guy wires, Accessory Equipment, and if required security fence and landscaping and screening.
Setbacks	Towers:	Setback from property lines, not lease lines, at least (100%-110%)16 of the combined height of the Wireless Support Structure and antennas, or the applicable minimum building setback in the underlying zoning district, whichever is greater.	Not Applicable.
	Equipment buildings/cabinets:	Subject to applicable minimum accessory use or structure setback in the underlying zoning district.

(c) Design, construction and operations.

[1] All WCFs shall be sited, designed, constructed, operated, inspected maintained, repaired, modified, removed and replaced in strict compliance with all current applicable federal and state technical and safety codes.

[2] Subdivision plan approval shall not be required when a WCF is located on a leased parcel that is less than the entire lot or property.

[3] All WCFs shall be operated in accordance with all applicable FCC rules regarding interference with public safety communications or the reception of broadband, television, radio or other communications services.

[4] Co-location. All tower-based WCFs where the tower is more than 40 feet in height, located outside of the right-of-way, shall be designed to accommodate both the applicant's antennas and comparable antennas for future users. As a condition of approval for all tower-based WCFs where the tower is more than 40' in height, the applicant shall agree to allow other service providers to collocate antennas on the tower where technically and economically feasible.

[5] Signage. All WCFs shall include a posted sign at the location. Such signage shall include the ownership, contact name and phone number in the event of an emergency and Federal Communications Commission (FCC) registration number (if applicable). Such signage shall not include commercial advertising and is subject to approval by the municipality.

[6] Lighting. Towers shall not be artificially lighted beyond what is required by law.

[7] Noise. All WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards established by the municipality. The use of a backup generator in emergency situations and periodic maintenance and testing by the wireless communications provider's technicians shall be permitted, where such noise standards may be exceeded on a temporary basis.

[8] Vehicular access.

[a] An access driveway and one off-street parking space shall be provided to ensure adequate emergency and service access to all tower-based WCFs located outside of the right-of-way.

[b] Maximum use of existing roads, whether public or private, shall be made to the extent practicable.

[c] Where possible, access driveway construction shall at all times minimize ground disturbance and the cutting of vegetation.

[d] Access driveway grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion.

[e] An applicant shall present documentation to the Township that the property owner has granted an access easement for the proposed WCF, if located on a lot or property.

[f] Any required access easement shall be a minimum of 20 feet in width and the access driveway shall be improved with a dust-free, all weather surface, including gravel, to a width of at least 10 feet throughout its entire length.

[g] Vehicular access to all WCFs shall not interfere with the parking or vehicular circulations for a principal use, if located on the lot or property. However, where appropriate and available, existing parking for the principal or other uses on the lot or property may be utilized.

[9] Fencing. A security fence, which may include barbed wire, with a minimum height of eight feet may be required to surround any tower-based WCF located outside the right-of-way, where the tower is more than 40 feet in height, including guy wires, associated equipment, and buildings. The requirement for a security fence may be waived by the Township when the fence would not be appropriate or feasible.

[10] Safety in rights-of-way.

[a] Schedule of operations. The Township shall determine the time, place and manner of siting, design, construction, maintenance, repair, Modification, removal and/or Replacement of all WCFs located in the right-of-way, based on public safety, traffic management, physical burden on the right-of-way and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.[5]

[5] Editor's Note: See 66 Pa.C.S.A. § 101 et seq.

[b] Alteration of a WCF. Within 60 days following written notice from the Township, or such longer period as the municipality determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF located in the right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under any one of the following circumstances:

[i] The construction, repair, maintenance or installation of any municipal or other public improvement located in the right-of-way.

[ii] The operations of the Township or other governmental entity in the right-of-way.

[iii] Vacation of a street or road or the release of a utility easement.

[iv] An emergency as determined by the Township.

[v] No permit is required for such removal, relocation, change or alteration ordered by the Township.

[c] Visual obstruction. All WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the right-of-way as determined by the Township. In no case shall ground-mounted equipment, walls, screening or landscaping be located within 18 inches of the face of the curb, or in an area in which there are no curbs, within three feet of the edge of cartway.

[11] Maintenance. An applicant for a WCF shall describe anticipated maintenance needs, including frequency of service, personnel needs and equipment needs, and the traffic, safety and noise impacts of such maintenance.

[12] Soil report. An applicant for a tower-based WCF where the new tower is more than 40 feet in height, shall submit a soil report complying with the standards of geotechnical investigations, ANSI/EIA-222-G, as amended, shall be submitted to the Township Engineer prior to construction to document and verify the design specifications of the foundation for the wireless support structure and anchors for the guy wires, if used.

[13] Aviation safety. All WCFs shall comply with federal and state laws and regulations concerning aviation safety.

[14] Inspections for all WCFs where the new tower is more than 40 feet in height. A copy of any required inspection report shall be provided to the Township following the inspection. Any repairs advised by report shall be completed by the WCF owner within 60 calendar days after the report is filed with the Township.

[15] Equipment storage. The storage of unused equipment or supplies is prohibited on any WCF site.

(d) Aesthetics, landscaping and screening.

[1] Stealth technology. All WCFs shall employ the most current stealth technology available, where appropriate, in an effort to appropriately blend the proposed WCF into the surrounding environment and minimize aesthetic impact. Equipment buildings and cabinets shall be designed to blend into the environment in which they are situated, to the extent practicable.

[2] Landscaping and screening. An applicant for tower-based WCF where the new tower is more than 40 feet in height, located outside of the right-of-way, shall submit a landscaping and screening design including the following:

[a] The applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF support structure shall be preserved to the extent practicable.

[b] Ground-mounted equipment may be screened from public view using an evergreen screen, artificial screen, or fencing, as directed by the Township.

(e) Replacement, co-location or modification.

[1] Notwithstanding the requirements for all tower-based WCFs and WCFs on existing structures, as set forth in this subsection, an application for replacement, co-location or modification of a previously approved wireless support structure or WCF shall be reviewed for conformance with the Township building permit requirements, including requirements applicable to the added structural loading of the proposed antennas and accessory equipment. These previously approved facilities shall not be subject to the issuance of new zoning or land use approvals, provided that there is no substantial change.

[2] Replacement of WCFs on existing wireless support structures or within existing equipment compounds may be performed by the applicant without obtaining building or zoning permits from the Township.

[3] Any substantial change to an existing tower-based WCF shall require approval of the Township in accordance with the terms of this section.

[4] Mounting. An applicant proposing a WCF on existing structure to be mounted on a building or any other structure shall submit detailed construction and elevation drawings indicating how the WCF on existing structure will be mounted on the existing structure for review by the Township Building Code Official for compliance with the Building Code.

(f) Permit requirements.

[1] Collocation analysis. An application for a new tower-based WCF where the new tower is more than 40 feet in height and located outside of the right-of-way, shall not be approved unless the applicant demonstrates that the wireless communications equipment planned for the proposed tower-based WCF cannot be collocated on an existing structure or building within a 1/2 mile radius of the proposed tower-based WCF location to achieve the coverage or capacity objectives of the applicant.

[2] Gap in coverage or lack of adequate capacity. An applicant for a tower-based WCF where the new tower that is more than 40 feet in height, located outside of the right-of-way, must demonstrate that a significant gap in wireless coverage exists or lack of adequate capacity is likely to exist within one year of the filing of its application with respect to the applicant in the area.

[3] Authorization. An applicant for a WCF shall submit a copy of the lease or other form of written authorization with the property owner confirming that the applicant has standing to file the application and maintain the proposed WCF on the subject lot or property.

[4] Licensing and applicable regulations. If the applicant is a commercial wireless communications provider, it must demonstrate that it is licensed by the Federal Communications Commission (FCC) and submit with its application copies of all FCC permits and licenses.

[5] Emissions. The applicant shall demonstrate that the proposed WCF will comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic emissions.

[6] Insurance. The applicant shall provide a certificate of insurance issued to the owner/operators of the WCF, evidencing that there is or will be adequate current liability insurance in effect.

[7] Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the actual costs in reviewing and processing the application for approval of a WCF. The amount of this fee may not be in excess of the actual reasonable cost to review and process the application.

(g) Discontinuation, abandonment and removal. In the event that use of a tower-based WCF is planned to be discontinued, the owner/operator shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

[1] All unused or abandoned WCFs and accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the Township.

[2] If the WCF and/or accessory facility is not removed within 12 months of the cessation of operations at a site, or within any longer period approved by the municipality, the WCF and accessory facilities and equipment may be removed by the municipality and the cost of removal assessed against the owner of the WCF.

[3] Any unused portions of WCFs, including antennas, shall be removed within 12 months of the time of cessation of operations.

(5) Solar energy system.

(a) The definitions found herein apply only to principal solar energy systems (PSES) and the regulations found in this section:

PRINCIPAL SOLAR ENERGY SYSTEM (PSES)

Often referred to as solar farm or commercial solar, an area of land or other area used for a solar collection system principally used to capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for off-site use. Principal solar energy systems consist of one or more free-standing ground, or roof mounted, solar collector devices, solar related equipment and other accessory structures and buildings including light reflectors, concentrators, and heat exchangers; substations; electrical infrastructure; transmission lines and other appurtenant structures.

SOLAR ENERGY

Radiant energy (direct, diffuse and/or reflective) received from the sun.

SOLAR ENERGY SYSTEM

A solar photovoltaic cell, module, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for collection, inversion, storage, and distribution of solar energy for electricity generation or transfer of stored heat.

[1] 

SOLAR ARRAY

A grouping of multiple solar modules with the purpose of harvesting solar energy.

[2] 

SOLAR CELL

The smallest basic solar electric device which generates electricity when exposed to light.

[3] 

SOLAR MODULE

A grouping of solar cells with the purpose of harvesting solar energy.

SOLAR-RELATED EQUIPMENT

Items including a solar photovoltaic cell, module, or array, or solar hot air or water collector device panels, lines, pumps, batteries, mounting brackets, framing and possibly foundations or other structures used or intended to be used for collection of solar energy.

(b) A project narrative shall be submitted as part of an application for a PSES and must include the following: an overview of the project, project location, the approximate generating capacity, the number, representative types and heights of facilities to be constructed, including their generating capacity, dimensions, and respective manufacturers, and description of any ancillary facilities to the solar-energy system.

(c) The PSES layout, design and installation shall conform to applicable industry regulations, and with all other applicable fire and life safety requirements.

(d) All on-site utility transmission lines less than 34.5 kV and plumbing shall be placed underground to the greatest extent feasible.

(e) The owner of a PSES shall provide the Township written confirmation that the public utility company to which the PSES will be connected has been informed of the customer's intent to install a grid connected system.

(f) All PSES shall be situated to eliminate concentrated glare onto nearby structures or roadways. An analysis of glare potential and mitigation measures, including sight line perspective drawings from adjoining residential structures and those within 1,000 feet if at a higher elevation shall be provided by the applicant.

(g) All solar energy systems should be designed and located to ensure solar access without reliance on and/or interference from adjacent properties.

(h) The PSES owner and/or operator shall maintain a phone number throughout the life of the project for the Township Code Enforcement Officer to contact with inquiries and verified complaints. The PSES owner and/or operator shall make reasonable efforts to respond to the inquiries and complaints. A contact name, with knowledge of the system, must be provided to the Township with updates due to employee advancement or turnover.

(i) Minimum lot area: three acres, maximum lot area = 100 acres.

(j) PSES shall be set back a minimum of 50 feet from all property and street lines.

(k) Ground-mounted PSES solar panels shall not exceed 25 feet in height.

(l) According to Pennsylvania DEP, the area beneath the ground-mounted PSES is considered pervious cover. However, use of impervious construction materials under the system could cause the area to be considered impervious and is subject to the impervious coverage requirement for the district in which the use is located.

(m) A 25-foot buffer yard shall be maintained along all property boundaries which shall be planted with an evergreen screen that consists of a hedge, or a row of evergreen trees.

(n) A ground-mounted PSES shall not be placed within any legal easement or right-of-way location, or be placed within any stormwater conveyance system, or in any other manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system.

(o) In accordance with NEC, all ground-mounted PSES shall be completely enclosed by fencing with locking gate. Current NEC code requires a minimum six-foot-high fence with barbed wire or a seven-foot-high fence.

(p) A clearly visible warning sign shall be placed at the base of all pad-mounted transformers and substations and on the fence surrounding the PSES informing individuals of potential voltage hazards.

(q) If a ground-mounted PSES is removed, any earth disturbance as a result of the removal of the ground-mounted solar energy system must be returned to an environmentally stable condition.

(r) For roof-mounted PSES the owner shall provide evidence certified by an appropriately licensed professional that the roof is capable of holding the load of the PSES. PSES mounted on roofs of any building shall be subject to the maximum height regulations specified for buildings within the applicable zoning district.

(s) The applicant shall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for the solar energy facility.

(t) The PSES owner is required to notify the Township immediately upon cessation or abandonment of the operation. The PSES shall be presumed to be discontinued or abandoned if no electricity is generated by such system for a period of 12 continuous months and the owner has not initiated necessary remedial actions to return the PSES to a generating state. If the PSES owner fails to dismantle and/or remove the PSES within 18 months of cessation or abandonment, the Township may complete the decommissioning at the property owner's expense.

(6) Wind energy system.

(a) The definitions found herein apply only to principal wind energy systems and the regulations found in this section:

APPLICANT

Is the person or entity filing an application under this chapter.

FACILITY OWNER

Means the entity or entities having an equity interest in the wind energy facility, including their respective successors and assigns.

HUB HEIGHT

Means the distance measured from the surface of the tower foundation to the height of the wind turbine hub, to which the blade is attached.

NON-PARTICIPATING LANDOWNER

Means any landowner except those on whose property all or a portion of a wind energy facility is located pursuant to an agreement with the facility owner or operator.

OCCUPIED BUILDING

Means a residence, school, hospital, church, public library or other building used for public gathering that is occupied or in use when the permit application is submitted.

OPERATOR

Means the entity responsible for the day-to-day operation and maintenance of the wind energy facility.

TURBINE HEIGHT

Means the distance measured from the surface of the tower foundation to the highest point of the turbine rotor plane.

WIND ENERGY FACILITY

Means an electric-generating facility, whose main purpose is to supply electricity, consisting of one or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.

WIND TURBINE

Means a wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower, and pad transformer, if any.

(b) Permit application. The application shall contain the following:

[1] A narrative describing the proposed wind energy facility, including an overview of the project; the project location; the approximate generating capacity of the wind energy facility; the approximate number, representative types and height or range of heights of wind turbines to be constructed, including their generating capacity, dimensions and respective manufacturers, and a description of ancillary facilities.

[2] An affidavit or similar evidence of agreement between the property owner and the facility owner or operator demonstrating that the facility owner or operator has the permission of the property owner to apply for necessary permits for construction and operation of the wind energy facility.

[3] Identification of the properties on which the proposed wind energy facility will be located, and the properties adjacent to where the wind energy facility will be located.

[4] A site plan showing the planned location of each wind turbine, property lines, setback lines, access road and turnout locations, substation(s), electrical cabling from the wind energy facility to the substation(s), ancillary equipment, buildings, and structures, including permanent meteorological towers, associated transmission lines, and layout of all structures within the geographical boundaries of any applicable setback.

[5] Documents related to decommissioning including a schedule for decommissioning.

[6] Other relevant studies, reports, certifications and approvals as may be reasonably requested by the Township to ensure compliance with this chapter.

(c) The design of the wind energy facility shall conform to applicable industry standards, including those of the American National Standards Institute. The Applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanishcer Lloyd Wind Energies, or other similar certifying organizations.

(d) All wind energy facilities shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.

(e) All electrical components of the wind energy facility shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.

(f) Wind turbines shall be a non-obtrusive color such as white, off-white or gray.

(g) Wind energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

(h) Wind turbines shall not display advertising, except for reasonable identification of the turbine manufacturer, facility owner and operator.

(i) On-site transmission and power lines between wind turbines shall, to the maximum extent practicable, be placed underground.

(j) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

(k) Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.

(l) Wind turbines shall not be climbable up to 15 feet above ground surface.

(m) All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by non-authorized persons.

(n) Setbacks.

[1] Wind turbines shall be set back from the nearest occupied building a distance of not less than the maximum setback requirements for that zoning classification where the turbine is located or 1.1 times the turbine height, whichever is greater. These setback distances shall be measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.

[2] Wind turbines shall be set back from the nearest occupied building located on a non-participating landowner's property a distance of not less than five times the hub height, as measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.

[3] All wind turbines shall be set back from the nearest property line a distance of not less than the maximum setback requirements for that zoning classification where the turbine is located or 1.1 times the turbine height, whichever is greater. The setback distance shall be measured to the center of the wind turbine base.

[4] All wind turbines shall be set back from the nearest public road a distance of not less than 1.1 times the turbine height, as measured from the right-of-way line of the nearest public road to the center of the wind turbine base.

(o) Audible sound from a wind energy facility shall not exceed 50 dBA, as measured at the exterior of any occupied building on a non-participating landowner's property. Methods for measuring and reporting acoustic emissions from wind turbines and the wind energy facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 - 1989 titled "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier."

(p) The facility owner and operator shall make reasonable efforts to minimize shadow flicker to any occupied building on a non-participating landowner's property.

(q) The applicant shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television or similar signals, and shall mitigate any harm caused by the wind energy facility.

(r) The facility owner and operator shall, at its expense, complete decommissioning of the wind energy facility, or individual wind turbines, within 12 months after the end of the useful life of the facility or individual wind turbines. The wind energy facility or individual wind turbines will presume to be at the end of its useful life if no electricity is generated for a continuous period of 12 months.

(s) Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities.

(t) Disturbed earth shall be graded and re-seeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.

(7) Emerging energy facility. A private facility capable of converting renewable energy sources, other than solar, water, wind, or geothermal sources, into a viable energy source and utility provisions for a permitted use.

(a) Emerging energy systems may be located on or attached to an occupied building provided that the structural components of the emerging energy systems do not exceed the permitted building height requirements of the zoning district to which it is located.

(b) Emerging energy systems may be located on a lot with a permitted use provided that all structural components comply with the building setback requirements and lot coverage requirements of the zoning district on which it is located.

(c) A site plan, prepared, signed, and sealed by a qualified professional licensed in the Commonwealth of Pennsylvania, shall be submitted, which identifies property lines, lot area, location of existing natural and manmade features, location of the proposed emerging energy system, ownership information for adjoining properties, and setback measurements from property lines, street lines, and occupied buildings.

(d) Emerging energy systems may be located on a lot provided that it is located, designed, and installed considering the health, safety, and general welfare of the adjacent property owners. As part of the special exception application, the Zoning Hearing Board may attach reasonable conditions and safeguards.

(e) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

(8) Heliport. A place where aircraft can land and take off, subject to the following provisions:

(a) The site and its design shall be approved by the Pennsylvania Bureau of Aviation and the Federal Aviation Administration.

(b) Minimum lot area for heliport: two acres in an industrial district and 15 acres in any other district.

(c) The landing pad of a heliport shall be a minimum of 300 feet from any existing dwelling which the applicant for the heliport does not own.

(d) Any portion of a heliport shall be 75 feet from any other lot line.

(e) Conditions. The Zoning Hearing Board may place such necessary and reasonable conditions on the use to carry out the objectives of this chapter, including to avoid noise nuisances. These include limiting the types and sizes of aircraft, the hours of operations, the numbers of flights and the general direction of approach. However, such Board shall not place any conditions on the use that will seriously interfere with the safety of the operations.

G. Industrial uses.

(1) Manufacturing. Manufacturing uses shall include but not be limited to the production, processing, cleaning, and testing of materials, goods, foodstuffs, and products, and the commercial generation of electricity, provided:

(a) All manufacturing uses must meet the nuisance standards listed in this chapter.

(b) Outside storage shall meet the requirements of Use H4, Outside storage.

(c) Access to and from the site shall be only from an arterial street as identified on the North Whitehall Township Street Classification Map.

(2) Research. Scientific or industrial research, testing or experimental laboratory or similar establishment for research or product development, provided that:

(a) No research facility shall be a commercial production facility.

(b) No research facility shall be permitted which constitutes a danger to the community because of combustible or radioactive materials.

(3) Warehouse/wholesale. A building or group of buildings primarily used for the indoor storage, transfer, distribution, and/or the wholesale selling of products and materials to retailers, other merchants, or industrial, institutional, and commercial users, mainly for resale or business use. This use shall exclude retail sales.

(a) Small warehouse/wholesale establishment. Such use shall consist of less than 25,000 s.f. of gross floor area.

(b) Large warehouse/wholesale establishment. Such use shall consist of 25,000 s.f. of gross floor area or more.

[1] Access to and from the site shall be only from an arterial street as identified on the North Whitehall Township Street Classification Map.

(c) The following provisions shall be applicable to both small warehouses and large warehouses:

[1] Maximum building height for such use shall be 50 feet.

[2] A traffic impact study consistent with the requirements of Appendix E of Chapter 375, Subdivision and Land Development, of this Code shall be prepared and submitted as part of the application. The traffic impact study shall be prepared by a professional traffic engineer. In addition to the requirements of Appendix E of Chapter 375, Subdivision and Land Development, of this Code, the traffic impact study shall also include a truck routing map identifying anticipated routes to and from the proposed facility to the Township boundary. The truck routing map shall be consistent with existing truck routing signage and trip distribution data presented in the traffic study and will identify any new proposed truck routes and necessary truck routing signage.

[3] Buffer yards. Buffer yards shall be required between uses and along existing and proposed streets in accordance with the provisions of § 440-78B and the following requirements specific to warehouse or wholesale sales use:

[a] The buffer plantings are intended to be an impenetrable visual screen. However, it is not intended to be a monocultural planting. A variety of evergreen tree species in conjunction with deciduous and/or evergreen shrubs should be utilized to provide complete screening and aesthetic variety and appeal.

[b] A 30-foot buffer shall be required along the frontage of all streets.

[c] A 50-foot buffer shall be required between the industrial use and all other uses.

[d] Trees used for screen buffers shall be composed of 100% evergreen varieties. Shrubs may be a combination of evergreen and deciduous varieties. The required plant material shall be so arranged as to provide a 100% visual screen within eight years of planting. Where the screen buffer planting requires more than 50 trees, no more than 1/3 of these trees will be of a single variety.

[e] Where space is limited or there are other site constraints, walls, fences and/or earth berms may be used in combination with plant material subject to the approval of the Board of Supervisors.

[f] Plant materials shall be permanently maintained and any plant material which dies shall be replaced by the landowner.

[4] The minimum yard setbacks shall be as follows:

[a] Front yard: 50 feet.

[b] Side yard (each): 50 feet.

[c] Rear yard: 50 feet.

[d] Where a property abuts a residential use, the required side and rear yards shall be increased to 100 feet.

[5] Sufficient off-street queueing space shall be required at facility entrances to prevent vehicles from queueing on public streets while waiting for access to the facility.

(4) Mini storage (self-storage). Such use shall include the storage of items, limited to personal and small business property, within a warehouse structure or mini warehouse structure, provided:

(a) All storage units shall be fire-resistant and water-resistant.

(b) Outdoor storage shall be limited to recreational vehicles, boats and trailers. No junk vehicles shall be stored within view of a public street or a dwelling.

(c) Trash, radioactive or highly toxic substances, garbage, refuse, explosives or flammable materials, hazardous substances, animal carcasses or skins, or similar items, shall not be stored.

(d) Nothing shall be stored in interior traffic aisles, required off-street parking areas, loading areas or accessways.

(e) Major bodywork on vehicles shall not be permitted. The use shall not include a commercial auto repair garage unless that use is permitted in the district and the use meets those requirements.

(f) Adequate lighting shall be provided for security, but it shall be directed away or shielded from any adjacent residential uses.

(g) Any areas of the use that are within 200 feet of the existing right-of-way of an expressway, arterial street or collector street shall be separated from that street by a buffer yard with screening under § 440-78.

(h) Maximum building length: 250 feet.

(i) Minimum separation between buildings: 20 feet.

(j) No business activity other than leasing of storage units shall be permitted.

(5) Trucking company terminal. A use of land and structures for the purpose of handling freight from one truck to another, including some short-term warehousing. Such use shall be permitted, provided:

(a) Minimum lot area: five acres for a use with five or less loading/unloading bays; 10 acres for any other trucking company terminal.

(b) All tractor trailer truck parking, outdoor storage and/or loading/unloading areas that are visible from beyond the exterior lot lines of the use shall be screened by a 50-foot-wide buffer yard. Any entrance for trucks, loading/unloading area, outdoor storage or truck parking area shall be a minimum of 250 feet from any dwelling.

[1] Access to and from the site shall be only from an arterial street as identified on the North Whitehall Township Street Classification Map.

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

(d) Any tractor trailer truck parking, outdoor storage and/or loading/unloading areas that are visible from and are within 250 feet of the exterior lot lines of the use shall be separated from such lot lines by an earthen berm.

(e) Short-term warehousing of less than 30 days may be permitted under this use.

(6) Industrial equipment sales, rental and service. A business establishment specializing in the sales and/or repair of industrial equipment that may be used in manufacturing, fabricating, and processing.

(7) Junkyard. Such use shall be limited to an area of land, with or without buildings, that is used for the storage of used or discarded materials, including but not limited to wastepaper, rags, metal, building materials, house furnishings, machinery, vehicles and parts thereof, provided that:

(a) The proposed use of an area shall not be detrimental to adjacent land uses.

(b) Lot area: three acres minimum; 20 acres maximum.

(c) Such use shall be a minimum of 200 feet from any public road as measured from the street line.

(d) The land area used for such purposes shall not be exposed to public view from any residence or public street or road.

(e) Such uses shall be entirely enclosed by a solid fence or wall at least six feet high and constructed of plank boards, brick, cinder block or concrete, with access only through solid gates. Such fence or wall shall be kept in good repair and neatly painted in uniform color.

(f) A dense evergreen buffer shall be provided on the outside perimeter of the fenced area. Evergreens shall be four to five feet in height and planted on 10-foot staggered centers.

(g) The contents of such use shall not be placed or deposited to a height greater than the height of the fence or wall herein prescribed.

(h) The storage of paper shall be within a building.

(i) The storage of toxic chemicals shall be prohibited.

(j) Dumping of trash or landfill operations and burning of any materials shall specifically be prohibited.

(k) All such uses shall be sealed from groundwater contamination and shall provide groundwater monitoring wells.

(8) Fuel storage and distribution. Fuel storage and distribution tanks and related buildings, subject to the following provisions:

(a) Approval shall be secured from the Pennsylvania State Police Fire Marshall and the Pennsylvania Department of Labor and Industry for the underground storage of fuel.

(b) No retail sales shall be permitted on the premises.

(9) Solid waste facility. A facility using land for disposing of solid waste. The facility includes land affected during the lifetime of the operation including, but not limited to, areas where disposal or processing activities actually occur, support facilities, borrow areas, offices, equipment sheds, air and water pollution control and treatment systems, access roads, associated onsite and contiguous collection, transportation and storage facilities, closure and post-closure care and maintenance activities and other activities in which the natural land surface has been disturbed as a result of, or incidental to, the operation of the facility. The term does not include a construction/demolition waste landfill or a facility for the land application of sewage sludge. (Pa. Code, Title 25, Environmental Protection Part I, Chapter 271.1, as amended). A solid waste landfill is subject to the following provisions:

(a) Minimum lot area: 50 acres.

(b) The solid waste landfill operation shall be set back from any property line or street right-of-way line at least 300 feet.

(c) Direct access to an arterial road shall be required for the operation of a solid waste landfill.

(d) A traffic impact study shall be required.

(e) Operation of any solid waste landfill shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania and the rules and regulations of the Department of Environmental Protection (DEP) and all provisions of this chapter and all other applicable ordinances. In the event that any of the provisions of this chapter are less restrictive than any present or future rules or regulations of the Department, the more restrictive Department rules or regulations shall supersede and control in the operation of such solid waste landfill.

(f) Suitable measures shall be taken to prevent fires by means and devices mutually agreeable to the Department of Environmental Protection (DEP) and the municipality.

(g) Municipal waste shall not be burned at a solid waste landfill.

(h) A solid waste landfill operation shall be under the direction at all times of a responsible individual who is qualified by experience or training to operate a landfill.

(i) Measures shall be provided to control dust and a working plan for cleanup of litter shall be submitted to the municipality. To control blowing paper, there shall be erected a fence having a minimum height of six feet, with openings not more than three inches by three inches, 20 feet inside all boundaries. The entire area shall be kept clean and orderly. Cracks in, depressions in or erosion of cover shall be repaired daily.

(j) Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, every solid waste landfill shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations.

(k) Unloading of waste shall be continuously supervised.

(l) Hazardous materials, as listed on the Federal Hazardous Waste List promulgated under the Resource Conservation and Recovery Act as defined in CFR, Title 40, Chap. 1, Part 261, Subpart D, dated July 1, 1984, as amended, shall not be disposed of in a solid waste landfill.

(m) The disposal of sewage liquids and solids and other liquids shall be specifically prohibited in a solid waste landfill.

(n) Litter control shall be exercised to confine blowing litter to the work area and a working plan of clean-up of litter shall be accomplished.

(o) Salvaging shall be conducted by the operator only and shall be organized so that it will not interfere with prompt sanitary disposal of waste or create unsightliness or health hazards. The storage of salvage shall be controlled in a manner that will not permit the inhabitation or reproduction of disease transmitting organisms.

(p) The entire site, including the fill surface, shall be graded and provided with drainage facilities to minimize runoff onto and into the fill, to prevent erosion or washing of the fill, to drain off rainwater falling onto the fill, and to prevent the collection of standing water. The operator shall comply with local requirements and applicable municipal ordinances so that there is no adverse off-site impact from the drainage of surface water.

(q) Operation of any municipal waste landfill shall at all times be in full compliance with the Pennsylvania Clean Streams Law, Act 157 of 1980, 35 P.S. § 691.1 et seq., as amended.

(r) A dense evergreen buffer shall be provided outside of the fenced area. Evergreens shall be four to five feet in height and shall be planted in two rows 10 feet apart on 10-foot staggered centers. In addition, the buffer requirements of this chapter shall be met.

(s) A final inspection of the entire site shall be made by the Department of Environmental Protection (DEP) and the municipality and their authorized representatives to determine compliance with applicable Department of Environmental Protection's rules and regulations Title 25, Pa.Code, Chapter 273, as amended, and approved plans and specifications before the earthmoving equipment is removed from the site. Any necessary corrective work shall be performed before the municipal waste landfill project is accepted as completed. Arrangements shall be made for the repair of all cracked, eroded and uneven areas in the final cover during the first two years following completion of the municipal waste landfill. A bond shall be posted to ensure that all corrective work is completed.

(10) Slaughterhouse or stockyard. A building or structure where livestock is slaughtered and prepared for distribution to butcher shops or retail sales establishments such as grocery stores. A slaughterhouse is designed to accommodate the confinement and slaughtering of live animals and may include packaging, treating, storage or sale of the product on the premises.

(a) Minimum lot area: 10 acres.

(b) The building(s) where slaughtering takes place shall not be located closer than 250 feet from all exterior lot lines, and no closer than 500 feet from a residential lot line.

(c) The subject site shall have direct access to a collector or arterial road.

(d) Public sewer and water supplies shall be utilized.

(e) All aspects of the slaughtering, processing, rendering, and/or packaging operations, excepting the unloading and holding of live animals, shall be conducted within a completely enclosed building.

(f) All live animals held outside shall be within secure holding pens or runways, sufficiently large to accommodate all animals without crowding, and not located within the front yard.

(g) The applicant shall furnish a working plan for the recovery of escaped animals which minimizes the potential for animals to enter traffic or cross property lines, and which shall be continuously implemented.

(h) All animal waste shall be regularly cleaned up and properly disposed of, so as not to be objectionable at the site's property lines.

(i) The unloading of live animals from trucks into holding pens and their movement into the plant shall be continuously supervised by a qualified operator, whose responsibility it shall also be to immediately identify and appropriately dispatch any obviously ill or injured animals.

(j) The unloading of live animals and their movement into the plant shall be conducted in an orderly and calm manner so as to minimize noise levels.

(k) The loading and unloading of trucks shall be restricted to the hours between 8:00 a.m. and 8:00 p.m.

(l) No exterior animal holding pens and/or areas devoted to loading/unloading of animals shall be located within 200 feet of any property line nor within 500 feet of any land within a residential zone or upon which a residence exists.

(m) All animal holding pens and/or areas used for the loading/unloading of animals shall be screened from all adjoining properties and shall include a minimum 50-foot landscape strip.

(n) Sewer and water lines shall not meet within or beneath the plant and shall further be designed and installed to minimize the potential for leakage and contamination by maximizing the separation distance between lines and laying sewer lines at a greater depth than water lines.

(o) Where wastewater pretreatment is required by the EPA, or Pennsylvania DEP or Township Authority, wastewater shall be kept completely covered at all times to reduce the potential for release of odors. In no event shall wastewater be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with Pennsylvania DEP regulations.

(p) All unusable animal by-products shall be stored indoors in leakproof and vectorproof containers. In the case of slaughtering or processing operations which do not do their own rendering, the applicant shall provide evidence of a written contract with a rendering operation for the daily removal of such waste products. In no case shall any waste products remain on the site for more than 24 hours.

(q) The applicant must demonstrate written compliance with, and continue to comply with, all applicable Township, commonwealth, and federal standards and regulations.

(r) The use shall provide sufficiently long on-site stacking lanes and on-site loading/unloading areas, so that trucks waiting to be loaded/unloaded will not back up onto Township roads. No parking or loading/unloading shall be permitted on or along any Township road.

(s) Access. Vehicular access shall be arranged so as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby properties. Access drives used by trucks shall only intersect with collector or arterial roads.

(t) All access drives onto the site shall have a paved minimum of 35-foot-wide cartway for a distance of at least 200 feet from the street right-of-way. In addition, if portions of on-site access drives are unpaved, then a 50-foot-long gravel section of driveway shall be placed just beyond the preceding 200-foot paved section, to help collect any mud that may have attached to a vehicle's tires.

(u) The applicant shall furnish a traffic study prepared by a professional engineer with specific training in traffic engineering. This study shall demonstrate the acceptability of the proposed methods of traffic control, and further that the capacities of existing roadways and intersections will not be adversely impacted by the development.

(11) Sawmill/planing mill. A sawmill or planing mill shall include facilities where wood products are processed to finished items such as molding, trim, etc.

(12) Recycling facility. A facility employing a process that separates or classifies recyclable materials and creates or recovers reusable materials that can be sold to or reused by a manufacturer as a substitute for or a supplement to virgin raw materials. The term does not include transfer facilities, municipal waste landfills, composting facilities or resource recovery facilities.

(a) The proposed use of an area shall not be detrimental to adjacent land uses.

(b) Such use shall be a minimum of 700 feet from any public road as measured from the center line of the road.

(c) The land area used for such purposes shall not be exposed to public view from any residence or public street or road.

(d) Such use shall be entirely enclosed by a solid fence or wall, at least six feet high and constructed of plank boards, brick, cinder block, or concrete, with access only through solid gates. Such fence or wall shall be kept in good repair and neatly painted in a uniform color.

(e) Measures shall be provided to control dust and a working plan for cleanup of litter shall be submitted to the municipality. To control blowing paper, there shall be erected a fence having a minimum height of six feet, with openings not more than three inches by three inches, 20 feet inside all boundaries. The entire area shall be kept clean and orderly.

(f) A dense evergreen buffer shall be provided on the outside perimeter of the fenced area. Evergreens shall be four to five feet in height and planted on 10-foot staggered centers.

(g) The contents of such use shall not be placed or deposited to a height greater than the height of the fence or wall herein prescribed.

(h) There shall be no compacting of automobiles and no storage of auto chassis from which usable parts have been removed.

(i) The storage of paper shall be within a building.

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

(k) All such uses shall be sealed from groundwater contamination and shall provide groundwater monitoring wells in accordance with the requirements of the municipality.

(13) Mineral extraction. Such use shall include, but is not limited to, extractive operations for limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat and crude oil, and natural gas, subject to the following provisions:

(a) The following definitions are applicable to the regulations contained herein:

DERRICK

Any portable framework, tower mast, and/or structure that is required or used in connection with drilling or reworking a well for the production of oil or gas.

DRILLING

Any digging or boring of a new or existing well to explore, develop, or produce oil, gas, or other hydrocarbons, or to inject gas, water, or any other fluid or substance into the earth.

DRILLING EQUIPMENT

The derrick, all parts and appurtenances to such structure, and every piece of apparatus, machinery, or equipment used, erected, or maintained for use in connection with drilling.

(b) The activities and residual effects shall not create conditions hazardous or otherwise adverse to the value and use of adjacent properties or the well-being of the surrounding area and its residents.

(c) The site shall be reclaimed to a nonhazardous state permitting some reasonable future use and so that the extracting activities and resulting condition of the site will not result in environmental degradation of the surrounding area.

(d) All activities of these land uses shall comply with all setback requirements of the zoning district in which the site is located or a minimum of 100 feet, whichever is greater, to protect adjacent properties.

(e) Unique or environmentally significant natural features and significant historic or architectural structures and sites shall be protected from disruption or adverse effects from quarrying and/or mining activities.

(f) Access to the site shall be from a community collector or arterial street.

(g) A narrative describing an overview of the project, including the number of acres to be involved, the number of wells to be drilled (if applicable), the location, and the number and description of equipment and structures, to the extent known, shall be provided.

(h) The contact information of the individual(s) responsible for the operation and activities at the site shall be provided to the Township and all emergency service and all emergency service responders. Such information shall include a phone number where such individual(s) can be contacted 24 hours per day, 365 days per year.

(i) A location map of the site showing the approximate location of derricks, drilling rigs, equipment and structures (as applicable), and all permanent improvements to the site, and any post-construction disturbance in relation to natural and other surroundings shall be provided. Included in this map shall be an area within the development site for the location and parking of vehicles and equipment used in the transportation of personnel and/or development and use of the site.

(j) A narrative and map describing the manner and routes for the transportation and delivery of equipment, machinery, water, chemicals, and other materials used in the siting, drilling, construction, maintenance, and operation of the site shall be provided.

(k) A certification or evidence satisfactory to the Township that, prior to the commencement of any activity at the site, the applicant shall have accepted and complied with any applicable bonding and permitting requirements, and shall have entered into a roadway maintenance and repair agreement with the Township, in a form acceptable to the Township Solicitor, regarding the maintenance and repair of Township streets that are to be used by vehicles for site construction, drilling activities, and site operations shall be provided.

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

(m) 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.

(n) Prior to submitting an application, the applicant is strongly encouraged to meet with Township staff to determine the requirements of and the procedural steps and timing of the application. The intent of this process is for the applicant to obtain necessary information and guidance from the Township before entering into any commitments or incurring substantial expenses with regard to the site and plan preparation.

(o) Federal or state law or regulation preempts ordinance requirements that conflict with federal or state statutes or regulations.

(14) Medical marijuana grower/processor. A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a Medical Marijuana Permit issued by the Department of Health of the Commonwealth of Pennsylvania under the Medical Marijuana Act (Act 16 of 2016)[6] to grow and process medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19 of the Medical Marijuana Act.[7] A medical marijuana grower/processor shall be subject to the following regulations:

(a) A medical marijuana grower/processor may only grow medical marijuana in an indoor, enclosed, and secure building, which includes electronic locking systems, electronic surveillance, and other features required by the Pennsylvania Department of Health. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle, or other motor vehicle.

(b) Marijuana remnants and by-products shall be secured and properly disposed of in accordance with the Pennsylvania Department of Health Policy and shall not be placed within any unsecure exterior refuse containers.

(c) The grower/processor shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is prohibited at medical marijuana grower/processor facilities. A medical marijuana grower/processor may not operate on the same site as a medical marijuana dispensary.

(d) Grower/processors may not locate within 1,000 feet of the property line of a public, private, or parochial school or day-care center. This distance shall be measured in a straight line from the closest exterior walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted. Any medical marijuana facility lawfully operating shall not be rendered in violation of these provisions by the subsequent location of a public, private, or parochial school or day-care center.

(e) A medical marijuana grower/processor shall at all times operate in compliance with all Pennsylvania Department of Health and Medical Marijuana Act regulations pertaining to such facilities. A medical marijuana grower/processor shall provide proof of registration with the Pennsylvania Department of Health and shall at all times maintain a valid, accurate, and up-to-date registration with the Pennsylvania Department of Health. Should registration be denied or revoked at any time, any permits shall immediately become void.

(f) A grower/processor facility shall not be open to the general public. Visitors, including vendors, contractors, and other individuals requiring access to the facility, shall be required to sign a visitor log and present government-issued identification in order to gain access to the site and facility.

(g) A grower/processor shall have security and surveillance systems to prevent unauthorized entry and to prevent and detect an adverse loss. A medical marijuana grower/processor shall submit a security plan to the Township. The security plan shall specify the type and manner of 24-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility as required by the Medical Marijuana Act and as supplemented by regulations promulgated by the Pennsylvania Department of Health pursuant to the Medical Marijuana Act.

[6] Editor's Note: See 35 P.S. § 10231.101 et seq.

[7] Editor's Note: See 35 P.S. § 10231.1901 et seq.

(15) Lawful uses not otherwise permitted. This section is intended to provide for any lawful use which is required to be permitted by the Pennsylvania Municipalities Planning Code[8] and which is not otherwise permitted in other use categories described in this section. Lawful use not otherwise permitted shall be subject to the following regulations in addition to all other applicable provisions of this chapter.

(a) The use must comply with the front, rear and side yards, minimum lot area, maximum building height and impervious surface area requirements of the district in which the use is proposed.

(b) The applicant must demonstrate that the use proposed will comply with all permit requirements of the Pennsylvania Department of Environmental Protection or any other Commonwealth or Federal Governmental Agency which regulates such use.

(c) A buffer area shall be established in accordance with the conditions imposed upon the granting of special exception approval which is sufficient to adequately screen the lawful permitted use from other uses in the vicinity.

[8] Editor's Note: See 53 P.S. § 10101 et seq.

H. Accessory uses.

(1) Home occupation. A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves some customer, client or patient traffic, whether vehicular or pedestrian, pickup, meeting location, delivery or removal functions to or from the premises in excess of those normally associated with a residential use. The business or commercial activity must satisfy the following requirements:

(a) The home occupation shall be accessory to a residence and carried on wholly indoors and within a dwelling or other structure accessory thereto and shall be clearly incidental and subordinate to its use for residential purposes by its occupants.

(b) The business activity shall be compatible with the residential use of the property and surrounding residential uses and shall meet the minimum and maximum area, height and dimensional requirements of the district in which the use is located.

(c) There shall be no use of show windows, display or advertising visible outside the premises, except as provided for signs herein.

(d) A sign displaying the name and address of the home-based business may be permitted, subject to the following requirements: no more than one such sign shall be erected on the lot; the area of the sign shall not exceed two square feet in size; and the sign shall be either fixed flat on the main wall of the building or may be erected in the front yard, but not within 10 feet of the cartway.

(e) There shall be no exterior storage of material or building material.

(f) The home occupation shall not constitute a possible nuisance to neighbors because of noise levels, odors, significantly increased traffic, extra lights and or night activity, the production or storage of hazardous products and by-products, or the keeping of dangerous animals.

(g) The home occupation shall be carried on only by inhabitants of the principal dwelling and not more than one additional employee.

(h) The total floor area of a premises devoted to any and all home occupations on that premises shall not be more than an amount equal to 25% of the ground floor area of the principal residential structure, or 400 square feet, whichever is less.

(i) 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.

(j) The business may not involve any illegal activity.

(k) The maximum number of off-street parking spaces shall be limited to six parking spaces, which shall not include any garage spaces. Parking spaces required by the home-based business in addition to those required for the residential use must be located to the side or to the rear of the principal residence.

(l) The following uses shall not be permitted as a home occupation: veterinarian office; nonhousehold stable; kennel; funeral home; retail store (other than occasional sale of custom crafts and art produced on the premises); restaurant; mechanical auto repair or body work (except farm equipment repair is permitted as accessory to an agricultural use); spray painting of vehicles; trucking company terminal; welding; pesticide company; hotel or motel; manufacturing (other than custom crafts such as ceramics); or boardinghouse.

(m) A home occupation shall not be conducted in a way that is perceptible in external effects (such as but not limited to noise, odors, traffic) from beyond the lot line between the hours of 9:00 p.m. and 7:30 a.m. This time limit shall also apply to any loading or unloading of vehicles on the property or on a street that causes noise to adjoining residents.

(2) No impact home-based business. A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:

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

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

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

(h) The business may not involve any illegal activity.

(3) Residential accessory use. Such use shall include a residential accessory structure or use, including but not limited to:

(a) Parking or storage of recreational vehicles and other recreational equipment. Recreational vehicles and recreational equipment shall include, but not be limited to, the following: travel trailers, truck-mounted campers, motor homes, folding tent campers, autos, busses or trucks adapted for vacation use, snowmobiles, minibikes, all-terrain vehicles, go-carts, boats, boat trailers, and utility trailers.

[1] A recreational vehicle longer than 25 feet shall not be stored for more than three days in any seven-day period within a required front yard setback. Storage of greater than three days shall utilize the side or rear setback area.

[2] A recreational vehicle stored on the lot of a single-family detached house other than within an approved mobile home park shall be set back a minimum of five feet from the lot line of an abutting single-family detached house.

[3] Any recreational vehicle that is required to be registered or licensed under state law to be operated and is not registered or licensed shall be kept out of view from any public street or existing dwelling (other than that of the owner).

[4] A recreational vehicle shall not be used as a permanent or short term dwelling unit in connection with the principal dwelling.

[5] A recreational vehicle shall not be parked within 10 feet inside from the curb of a public street or within 10 feet from the cartway of an uncurbed public street, or beyond the clear sight triangle, whichever is most restrictive.

[6] The recreational vehicle provisions of this subsection shall not apply within a manufactured/mobile home park.

[7] Any recreational vehicle legally parked on a Township street shall be able to be driven away under its own power or be attached to a tow vehicle at all times.

[8] Any recreational vehicle parked on a Township street shall be parked only along the road frontage of the property owner of the recreational vehicle and shall be parked there for no more than three days in any seven-day period.

(b) Parking of commercial vehicles and trucks. The parking of commercial vehicles is prohibited on a principally residential lot in a residential district, except for one of the following, provided that such vehicle(s) is needed by residents of the dwelling to travel to and from work:

[1] The parking of a maximum of two vehicles, each of up to 12,000 pounds aggregate gross vehicle weight; or

[2] The parking of one vehicle with an aggregate gross vehicle weight of over 12,000 pounds aggregate gross vehicle weight, provided such vehicle is kept a minimum of 75 feet from any dwelling on another lot.

(c) Structures, such as storage sheds, bathhouses, detached garages, and private greenhouses; provided that they do not exceed 20 feet in height and that they meet the following requirements:

[1] Structures shall be no closer than 10 feet to any side or rear property line, and shall comply with the front yard setback of the district in which it is located; and

[2] The impervious surface requirements of the district in which the use is located must be met and shall be calculated, including the accessory structures.

(d) Tennis courts or sports courts. Tennis courts or sports courts and any accessory construction associated with tennis courts or sports courts, including but not limited to fencing and paving, shall be no closer than 15 feet to any side or rear property line and shall not be located in the front of a dwelling. No lighting shall shine directly beyond a boundary of the lot where the court is located.

(e) Garage sale.

[1] A garage sale shall not include wholesale sales, nor sale of new merchandise of a type typically found in retail stores.

[2] If accessory to a dwelling, no garage sales as an accessory to a dwelling shall be held on a lot during more than four days total in any three consecutive months.

[3] The use shall be clearly accessory to the principal use.

(f) Swimming pool.

[1] A building permit shall be required to locate, construct or maintain a noncommercial swimming pool.

[2] The pool shall not involve any commercial use.

[3] Enclosure around in-ground pools. A new or existing in-ground pool shall be completely surrounded by a secure fence, wall, portion of a building and/or similar enclosure not less than four feet in height (above the surrounding average ground level). This enclosure shall be constructed to make it very difficult for small children to climb up or slip through the enclosure. All gates or door openings through such enclosure (other than a door to a building) shall be self-closing and include a self-latching device on the pool side for keeping the gate or door securely closed times when not in use.

[4] Enclosure around aboveground pool. Any existing or new aboveground pool shall include a secure fence, wall or other enclosure a minimum of four feet high above the surrounding average ground level. This enclosure may include the walls of the pool itself. Such pools shall be equipped with an access ladder that can be raised and locked in a position so that it is a minimum of four feet above the surrounding ground level or otherwise completely inaccessible to children when the pool is unattended.

[5] Location. A pool and any deck or shelter that is elevated above the average surrounding ground level shall meet the applicable setback requirement for an accessory building. Patios around pools that are level with the average surrounding ground level are not required to meet setbacks. Where practical, a pool shall be located to the rear of a dwelling. A pool is not permitted within a required front yard. The water surface of a pool shall be set back a minimum of 15 feet from all lot lines and shall not be located under or within 20 feet of overhead electrical lines or over a water or sewer easement or within 10 feet of a septic tank or septic drain field.

[6] Drainage. A proper method shall be provided for drainage of the water from the pool that will not overload or flood any a) on-lot septic system or b) portion of a building or property not owned by the owner of the pool. A pool shall not be located so as to interfere with the operation of a well or on-lot septic system.

[7] The Township may establish an inspection fee to ensure compliance with this chapter, and shall require that the applicant call for a final inspection of the pool by the Township prior to use. The Township does not assume responsibility for guaranteeing to the public that all new and existing pools fully comply with these provisions. A pool alarm must be installed and made operational within the pool and must be in place until the pool is drained or covered.

[8] Water service. Any inlet from a central water system shall be above the overflow level of the pool. If the water for a pool is supplied by a private water system, there shall be no crossed connection with the central water system.

[9] Nuisances. A pool shall not include illumination of adjacent residential properties beyond what is customary in a residential neighborhood. A pool shall also not include the playing of a radio or recorded music at a volume louder than is necessary for the convenient hearing of persons at the pool.

(4) Outside storage. Any outside storage or display, other than storage as a principal use of the land, necessary to the normal operation of a principal use, subject to the following provisions:

(a) No part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use, no required parking areas and no part of the required front yard shall be occupied by outside storage.

(b) Outside storage areas shall occupy an area of less than 1/2 of the existing building coverage.

(c) Outside storage areas shall be shielded from view from the public streets in accordance with the buffer requirements of this chapter.

(d) Uses requiring more substantial amounts of land area for storage or display may be exempt from the provisions of Subsection H(4)(b) above, when granted as a conditional use; provided that:

[1] No more than 25% of the lot area shall be used in outdoor storage; and

[2] In particular, uses appropriate for consideration under this provision include, but are not limited to, agriculture and horticulture, (Use A1), Vehicle sales (Use E12), Manufacturing (Use G1), Trucking company terminal (Use G5), and Recycling facility (Use G13), and Mineral extraction (Use G14).

(e) The storage of tractor trailers, panel trucks, vans and similar vehicles which supply or service establishments in commercial or industrial districts shall be permitted, provided that such vehicles shall be used by the establishment in the normal conduct of its business.

(5) Accessory family dwelling unit. One accessory dwelling unit to a single-family detached dwelling or within an existing dwelling (half of a twin dwelling) shall be permitted as a residence by family members or a family caregiver.

(a) Any on-lot septic system shall be recertified if the sewage flows will increase.

(b) The building shall maintain the appearance of a single-family detached dwelling or a single-family semidetached dwelling with a single front entrance. Additional entrances may be placed on the side or rear of the structure. The dwelling units may internally share the single front entrance.

(c) The conversion shall not be permitted if it would require the placement of an exterior stairway on the front of the building or would require the placement of off-street parking spaces in the required front yard (other than up to three spaces in a driveway).

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

(e) The accessory family dwelling unit shall occupy no more than 25% of the total usable floor area of the principal residence, not including any garage.

(f) Accessory family dwelling unit shall be part of the principal residence or may be contained in the existing accessory structure such as a garage.

(g) The required off-street parking for the principal dwelling plus one additional off-street parking space for the accessory family dwelling unit shall be provided.

(h) Each accessory family dwelling unit shall be registered with the Township, which shall keep a record of its use to ensure compliance with this chapter. A fee shall be imposed by the Township Board of Supervisors for the registration of said use, which said fee shall be fixed periodically by the Board of Supervisors by resolution. Registration of an accessory family dwelling unit shall expire upon conveyance of the property, at which time the new property owner may reregister said use if warranted.

(6) Accessory day care.

(a) In any case, seven or more children (other than children who are related to the primary caregiver) shall only be cared for at one time within a single-family detached dwelling with a minimum lot area of 20,000 square feet and a 20-foot minimum setback from all existing dwellings on another lot(s). In any case, four to six children (other than children who are related to the primary caregiver) shall only be cared for at one time within a single-family detached dwelling with a minimum lot area of 20,000 square feet and a 20-foot minimum setback from all existing dwellings on another lot(s). The care of fewer numbers of children may occur within any lawful dwelling unit.

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

(c) Any day-care center involving seven or more children shall be considered a principal use and meet the standards for such use, if permitted.

(d) The use shall be actively operated by a permanent resident of the dwelling.

(e) If four to six children who are not related to a permanent resident of the dwelling are cared for, then a minimum of 200 square feet of safe exterior play area shall be available.

(f) The use shall comply with any applicable state and federal regulations, including having an appropriate Pennsylvania Department of Human Services (or its successor agency) registration certificate or license if required by such agency.

(g) A use serving four or more children shall include convenient parking spaces within the requirements of Article VI shall be provided for persons delivering and waiting for children.

(h) The use shall include adequate measures to ensure the safety of children from traffic or other nearby hazards. This shall include a secure fence around any outdoor areas abutting streets that are routinely used for outdoor play.

(i) Outside play areas in residential districts shall be limited to use between 8:00 a.m. and 9:00 p.m. if located within 200 feet of an abutting dwelling.

(7) Accessory agricultural uses. The purpose of these regulations is to encourage the continuation of farming and the preservation of farmland by allowing working farmers to market their products and services directly to the public as an accessory use and in a manner that is compatible with the rural residential character of the Township and with the Comprehensive Plan of the Township.

(a) Roadside stands for sale of agricultural commodities. Direct commercial sales of agricultural commodities upon property owned and operated by a landowner who produces not less than 50% of the commodities sold shall be authorized. Such direct sales shall be authorized without regard to the 50% limitation under circumstances of crop failure due to reasons beyond the control of the landowner. Each roadside stand must not exceed a maximum size of 400 square feet and must also provide, to the Township's satisfaction, a safe means of egress and ingress from a public street as well as sufficient off-street parking to accommodate customers. Said roadside stand need not be in the immediate proximity to a public roadway if the other standards as herein set forth are met. Sales of agricultural commodities other than from a roadside stand are subject to the requirements of Subsection H(7)(b), below. Sales of products other than agricultural commodities are permitted to be sold as part of an agritourism use.

(b) Sales of agricultural commodities other than from a roadside stand. Direct commercial sales of agricultural commodities upon property owned and operated by a landowner who produces not less than 50% of the commodities sold shall be authorized. Such direct sales shall be authorized without regard to the 50% limitation under circumstances of crop failure due to reasons beyond the control of the landowner. Sales of products other than agricultural commodities are permitted to be sold as part of an agritourism use. The sale of agricultural commodities other than from a roadside stand are subject to the following regulations:

[1] The minimum lot area shall be 10 acres, unless the agricultural operation on the lot has an anticipated annual gross income of at least $10,000.

[2] The maximum floor area for the retail agricultural sales shall be 3,000 square feet. The 3,000 square foot maximum shall not include areas from which agricultural commodities are sold that are also used for agricultural operations.

[3] Floor area shall include any area for customer access and circulation, for the display of products including floor area devoted to counters, tables, display cases, preparing products for customers and similar purposes. Floor area not included in the calculation of maximum limits are display areas outside the building or structure as well as inside floor area for storage and processing of products where the customer is completely restricted from access.

[4] Sales of agricultural commodities shall only be permitted as an accessory use to an agricultural operation.

[5] Sales shall be limited to agricultural commodities only.

[6] Buildings shall comply with the minimum setback requirements of the zoning district. Temporary buildings or stands shall be located behind the legal right-of-way line and be located so as not to constitute a traffic hazard, in the opinion of the Township.

[7] Parking. No less than four off-street parking spaces shall be provided behind the legal right-of-way and on the same side of the street as the stand or building conducting the use. Parking spaces need not be permanently paved, but must be improved with a material approved by the municipal engineer and appropriately marked.

(c) Agritainment.

[1] The use shall be accessory to an owner-occupied residential dwelling or agricultural operation, and the use shall be owned and operated by the owner(s) of the residential dwelling or agricultural operation.

[2] The use shall require a minimum lot of 10 acres, unless the agricultural operation on the lot has an anticipated annual gross income of at least $10,000, and no portion of the event, including parking, shall take place within 99 feet of the boundaries of the lot.

[3] The events held at the venue shall be private family or social events for invited guests, for which fees may be charged, and shall not be open to the general public.

[4] The event may be conducted in buildings on the residential or agricultural operation lot and in the outdoor areas of the lot, and the owner or his/her designated representative shall be present at all times during any event.

[5] The venue shall not host more than 150 persons at one time.

[6] Catered food, drinks (including beer and wine), and related event services may be provided by the owner or by providers retained by the owner. Alcoholic beverages shall not be permitted outside of the venue. All federal, state and local laws and regulations shall be complied with by the owner and any providers in connection with such services.

[7] Lighting, sound and music equipment and/or musicians may be provided at the venue, provided no sound or artificial light shall be permitted to leave the boundaries of the lot. Refer to Article V of this chapter for requirements.

[8] Parking shall be provided for patrons of the event, and no parking by patrons shall be permitted on any public road. The owner(s) shall ensure that ingress and egress during the event to the venue does not cause congestion on any public road. Refer to Article VI of this chapter for requirements.

[9] Signs for this use are regulated in § 440-65A as "all residential districts permitted principal nonresidential signs."

[a] Freestanding signs: maximum eight feet high.

[b] Maximum square footage of sign area: one sign on each street that the lot abuts, maximum 20 square feet for each sign.

[c] No wall signs or window signs allowed.

[d] Illumination of signs shall be external and within the regulations of § 440-68.

[10] The owner(s) shall be responsible to provide:

[a] Sanitation (municipal waste and recycling) facilities at the event commensurate with the number of patrons attending;

[b] Sanitary sewer facilities at the event commensurate with the number of patrons attending.

[11] No public liability or property insurance shall be required by the Township for this use.

[12] The operation of the use shall at all times comply with all federal, state and local laws and regulations.

[13] This use shall be subject to the submission of a site plan for review and approval by special exception based on the information required by §§ 440-10D and 24.

(d) Agritourism.

[1] The use shall require a minimum lot of 10 acres; unless the agricultural operation on the lot has an anticipated annual gross income of at least $10,000;

[2] The following activities, and activities that the applicant proves are closely similar, shall be permitted as an agritourism enterprise:

[a] Farmers' markets, providing all vendors and sales are located in an enclosed building;

[b] "U-pick" operations;

[c] Dairy, ice cream and bakery retail facilities;

[d] Wineries, winery tours and tasting rooms;

[e] Local farm products retail operations (including crafts, food products, garden and nursery products, and clothing products made from the wool of animals raised on the farm use, etc.);

[f] Corn mazes (with educational/interpretation components);

[g] Farm-related interpretive facilities and exhibits;

[h] Agriculturally related educational and learning experiences;

[i] Agriculturally related special events, agricultural fairs and festivals;

[j] On-site farm, garden, greenhouse and nursery tours;

[k] Walking and bicycle tours and trails;

[l] Horseback/pony rides, petting zoos and other animal exhibits.

[3] The following activities shall be prohibited:

[a] Restaurants, taverns, breweries and/or microbreweries;

[b] Flea markets;

[c] Any other use that is not agriculturally related, or is not related to the natural resources that are present on the property, or is deemed not to be incidental to the agricultural operation on the property, or is otherwise deemed to be too intense for the agricultural zoning district whereby the intent of the agricultural zoning district will not be preserved.

[4] It shall be the responsibility of the applicant and/or landowner to prove compliance with these regulations at the time of application for a zoning permit.

[5] Agritourism enterprises must be incidental to and directly supportive of the agricultural operation of the property and will not have significant impacts on the agricultural viability or rural character of neighboring properties.

[6] An agritourism enterprise shall be conducted by a resident or owner of the property and/or his/her immediate relatives. Up to four unrelated full-time employees may be employed by the owner or immediate relatives. Additional part time employees or volunteers may be permitted for special events, fairs or festivals.

[7] At least 50% of the products for display and sale shall be grown, prepared, or produced on the subject property; however, this limitation does not apply to the sale of agricultural commodities.

[8] The applicant shall identify the anticipated hours of operation for the agritourism enterprise. In no case shall the agritourism enterprise generate noxious odors, noise or glare beyond amounts that are typically generated by agricultural operations. Agritourism enterprises shall not routinely occur in a manner that generates traffic or noise heard by neighbors between the hours of 9:00 p.m. and 7:00 a.m. This shall not include commercial retail sale of agricultural products that are regulated under laws of the commonwealth.

[9] The parking area shall be designed in accordance with this chapter.

[10] All signage advertising the agritourism enterprise shall comply with Article VII of this chapter.

[11] For purposes of this section, existing and new buildings shall maintain a residential or agricultural appearance as viewed from a public street.

[12] The reuse of an existing barn or other existing buildings shall be given priority over the construction of new building(s). If a new building is proposed, any land development plan shall be in accordance with the regulations of Chapter 375, Subdivision and Land Development, of this Code. The total of all building floor areas utilized for an agritourism use after the adoption of this chapter shall not exceed 5% of the total lot area. All structures shall be subject to the requirements of the Pennsylvania Uniform Construction Code.[9]

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

[13] All food and beverages sold for consumption on-site shall comply with federal, state and local regulations. Food and beverages should be limited to only those value-added products that are produced from or grown on the farm, unless they are secondary and incidental to the primary agricultural use on the property. In all cases, the use of locally grown or produced food and/or beverages is encouraged.

[14] Applicant must provide evidence that sufficient sanitary sewer facilities will be provided in accordance with all applicable DEP regulations.

[15] Applicant shall provide evidence that all other applicable state and federal permits for operation of an agritourism enterprise have been obtained.

[16] There shall be no outside display, sales, or storage permitted, unless this activity is fully screened with a combination of opaque wood fencing, and dense landscaping. This activity shall be prohibited within 100 feet along all public rights-of-way. This shall not be interpreted to prohibit outside sales or display of products during a permitted special event, agricultural fair or festival.

[17] This subsection shall not regulate agricultural uses that are permitted under other provisions of this chapter or laws of the commonwealth.

(8) Accessory nonresidential structure. Accessory buildings or structures, or uses customarily incidental to nonresidential uses except outside storage or display. Such use shall comply with area and dimensional requirements of the district in which it is located and the requirements for accessory structures as set forth in Article II, whichever is more restrictive.

(9) Accessory wind energy system. Wind turbines are permitted as an accessory use subject to the following:

(a) For lots smaller than one-half acre in area, wind turbines shall be roof-mounted and cannot be higher than 45 feet above the ground to the highest point of the rotor or blade. The maximum rotor diameter for wind turbines shall be six feet. For lots between one-half acre and one acre, the tower height shall be limited to 100 feet, or 20 feet above the tree line, whichever is lower. For lots greater than one acre or more, the tower height shall be limited to 120 feet or 40 feet above tree line, whichever is lower.

(b) No tower is permitted that requires any lighting under federal, state, or local law.

(c) There shall be a minimum of 30 feet between the ground and the lowest point of the rotor blade. No blades may extend over parking areas, driveways, or sidewalks.

(d) Unauthorized access to the tower shall be prevented by design, with a minimum of 12 feet from the ground to the bottom of the ladder. All doors to residential wind turbine towers and electrical equipment shall be locked.

(e) No part of the wind turbine structure, including guy wire anchors, may extend within 10 feet of the property boundaries of the installation site. Wind turbines shall be set back a distance equal to the total height of the wind turbine from all inhabited structures off-site, overhead utility lines, and public roads or rights-of-way.

(f) All wind turbines shall be equipped with manual-electronic or mechanical -and automatic over -speed controls to limit the blade rotation speed to within the design limits of the accessory wind energy system.

(g) Small wind turbines shall not be installed in any location where their proximity would interfere with existing fixed broadcast, retransmission, or reception antenna. This includes interference with residential radio, television, or wireless phone, or other personal communication system reception. No wind turbines shall be installed in any location along the major axis of an existing microwave communication link where its operation is likely to produce electromagnetic interference in the link's operation.

(h) Noise from wind turbines shall not exceed 50 decibels, or 10 decibels above ambient noise in any one hour, whichever is higher. Noise is measured from the closest neighboring inhabited dwelling or nearest habitable dwelling setback on abutting property, whichever is closer.

(10) Accessory solar energy system (ASES).

(a) The ASES layout, design and installation shall conform to applicable industry regulations and with all applicable fire and life safety requirements.

(b) All on-site utility, transmission lines less than 34.5 kV, and plumbing shall be placed underground to the greatest extent possible.

(c) The ASES shall be designed to use the energy created primarily for on-site use.

(d) All solar energy systems should be designed and located to ensure solar access without reliance on and/or interference from adjacent properties.

(e) All ASES shall be situated to eliminate concentrated glare onto nearby structures or roadways.

(f) Roof-mounted or wall-mounted accessory solar energy system.

[1] A roof-mounted or wall-mounted ASES may be located on a principal or accessory building.

[2] ASES mounted on roofs or walls of any building shall be subject to the maximum height regulations specified for buildings within each of the applicable zoning districts.

[3] Wall-mounted ASES shall comply with the building setbacks in the applicable zoning districts.

[4] Solar panels shall not extend beyond any portion of the roof edge.

[5] The owner shall provide evidence certified by an appropriately licensed professional that the roof is capable of holding the load of the ASES.

(g) Ground-mounted accessory solar energy system.

[1] The minimum setbacks from side and rear property lines shall be equivalent to the building setbacks in the applicable zoning district.

[2] A ground-mounted ASES shall not be located in the required front setback.

[3] Ground-mounted ASES are prohibited in front yards unless unique physical circumstances or conditions exist that preclude it from being located in a side or rear yard. Such physical conditions may include, but are not limited to, topography, restricted solar access in other yards, other resource constraints, unusual situation of the principal use on the parcel, etc.

[4] Freestanding ground-mounted ASES solar panels shall not exceed 25 feet in height above the ground elevation surrounding the systems.

[5] The area beneath the ground-mounted ASES is considered pervious cover. However, use of impervious construction materials under the system could cause the area to be considered impervious and subject to stormwater planning.

[6] Ground-mounted ASES shall not be placed within any legal easement or right-of-way location, or be placed within any stormwater conveyance system, or in any other manner that would alter or impede stormwater runoff from collecting in a construed stormwater conveyance system.

[7] If a ground-mounted ASES is removed, any earth disturbance as a result of the removal of the ground-mounted solar energy system shall be graded and returned to environmentally stable condition.

(11) Temporary structures or use. Temporary structure, building or use. A permit shall be required for temporary structures or uses necessary during construction or other special circumstances of a nonrecurring nature. A temporary structure or use is subject to the following provisions:

(a) The time period of the initial permit shall be six months. This permit may be renewed for three-month time periods.

(b) Temporary nonconforming structures or uses shall be subject to authorization by the zoning officer or governing body.

(c) Such structure or use shall be removed completely within 30 days of the expiration of the permit without cost to the municipality.

(12) Keeping of livestock accessory to a residential use. These regulations do not apply to a permitted residential use that is part of an agricultural operation. Livestock shall be permitted on residential properties in accordance with the following regulations:

(a) A minimum lot area of five acres shall be required.

(b) No more than two animals shall be permitted for every five acres of lot area.

(c) Accessory structures shall be located only in the side or rear yards and no closer than 100 feet from the property lines.

(d) Poultry. The following regulations shall apply specifically to the raising and keeping of chickens on a noncommercial basis at a residential property:

[1] A minimum lot area of 40,000 square feet shall be required.

[2] Five chickens are permitted for the first acre, and one additional chicken is permitted for each 1/4 acre.

[3] No rooster shall be permitted on any lot less than five acres.

[4] Chicken runs, pens, henhouses, and chicken coops shall be set back from any lot line not less than 50 feet or the minimum yard setbacks for the district in which they are located, whichever is greater.

[5] All structures relating to chickens shall be located to the rear of the residence.

[6] No facility for storing manure or feed shall be located within 75 feet of any lot line.

[7] The exterior areas of henhouses and chicken coops shall not be illuminated.

[8] A written waste storage and removal plan shall be submitted. The henhouse, chicken run and pen and surrounding area must be kept free from trash and accumulated manure.

(e) One roadside stand shall be permitted in conjunction with this use for the sale of any products produced on the premises subject to the following:

[1] All displays, structures or stands shall be located at least 25 feet from the edge of the existing right-of-way and at least 50 feet from any intersection.

[2] All displays, structures, and stands must be temporary in nature, shall not exceed 150 square feet in size, and shall be removed dining the time when not in use.

[3] Zoning permits are required and shall be renewed annually.

(f) Beekeeping. The keeping or maintenance of an apiary as an accessory residential use for the consumption of bee products or enjoyment. It shall be unlawful to keep any bees in the Township except as provided herein.

[1] Terms. As used in this article, the following words and terms shall have the meanings ascribed in this section unless the context of their usage clearly indicates another meaning:

Africanized honeybee - Hybrids of the African honeybee with various European honeybees that are aggressive compared to the European subspecies.

Apiary - Any place where one or more colonies or nuclei of bees are kept.

Bee - Any stage of the common hive or honeybee (Apis mellifera) or other species of the genus Apis.

Bee disease - Any American or European foul brood, sac brood, bee paralysis or other disease or abnormal condition of eggs, larval, pupal or adult stages of the honeybee.

Beekeeper - An owner of an apiary or a person who has charge of an apiary or one or more colonies of bees in the Township.

Colony - An aggregate of bees consisting principally of workers, but having, when perfect, one queen and at times many drones.

Department - The Pennsylvania Department of Agriculture.

Flyaway barrier - A barrier composed of dense vegetation or man-made materials which direct the bees quickly into the sky.

Hive - Any frame hive, box hive, box, or other receptacle or container, natural or artificial, or any part thereof, which may be used or employed by a beekeeper as a domicile for bees which are expected to establish a permanent nest.

[2] Registration, Certification, and Permits.

[a] No beekeeper may own or maintain an apiary within the Township without first registering all apiaries with the Department as required by the Pennsylvania Bee Law, 3 Pa.C.S.A. § 2101 et seq., as amended.

[b] A beekeeper owning or maintaining an apiary in the Township shall promptly notify the Township Code Enforcement Officer without unnecessary delay, and in no event longer than 48 hours, if the Department revokes said beekeeper's registration.

[c] No beekeeper may own or maintain an apiary within the Township without first obtaining an annual registration permit from the Township. An application for an annual registration permit shall be made in writing and upon such form or in such format as established by the Township and shall be accompanied by the prescribed permit fee in the amount established from time to time by resolution of Township Board of Supervisors. The application shall be accompanied by a lot plan that includes the size of the lot, the location and number of hives, the location of each water source, the distance of the hives from the property lines, and, if required, the location of any flyway barriers. The application shall also be accompanied by written evidence that the applicant has completed a beekeeping educational program with a minimum of eight hours of instruction or has a letter of validation from an officer of the PA State Beekeepers Association, an officer of a local bee club or a certified Master Beekeeper. The issuance of a permit shall not obviate the necessity for compliance with all other Township ordinances.

[d] Beekeepers that wish to own or maintain an apiary on property that they do not own must include written permission from the property owner or landlord that explicitly indicates that the beekeeper has permission to own or maintain an apiary on the subject property. Such written permission shall be supplied to the municipality as part of the beekeeping registration application.

[3] Maximum Number of Hives. For property with a minimum of 2,000 square feet of lot area, a beekeeper is permitted to keep two hives. For every additional 2,000 square feet of lot area, the beekeeper is permitted two additional hives.

[4] Hive type. No beekeeper shall keep or maintain bees in any hive other than a modern movable frame hive, which permits thorough examination of every comb to determine the presence of bee disease.

[5] Location of hives. Location of hives must comply with the following criteria:

[a] Hives shall not be located within 10 feet of any side or rear property line.

[b] Hives shall not be located within a front yard.

[c] Hives shall not be located within 50 feet of a swimming pool or permanently kenneled animal.

[d] Apiaries may be located in any zoning district.

[6] Hive orientation. To the extent possible, hive entrances shall face away from neighboring property and in such a direction that bees fly across the beekeeper's property at sufficient distance to gain a height of at least six feet at the property line. The use of barriers may be employed to redirect the bees' flight pathway and establish bee flight pathways above six feet. Should the flight path not be able to be obtained as described above, then a "flyway barrier" shall be placed at least six feet in height, shall be placed along the side of the hive(s) that contains the entrance to the hive(s), shall be located within five feet of the hive(s), and shall extend at least two feet on either side of the hive(s). A "flyway barrier" shall consist of a solid fence, dense vegetation, dense hedge, or combination thereof. No flyway is required for hives that are located on porches or balconies at least 10 feet above grade, except where such porch or balcony is located less than five feet from a property line.

[7] A supply of fresh water shall be maintained in a location readily accessible to all bee colonies on the site throughout the day to prevent bees from congregating at neighboring swimming pools or other sources of water on nearby properties between April 1 through November 1.

[8] Maintenance. All beekeepers, shall, to the best of their ability, maintain their colonies per the Voluntary Best Management Practices for Maintaining European Honey Bee Colonies in the Commonwealth of Pennsylvania as provided and amended by the Pennsylvania Apiary Advisory Board. All beekeepers shall ensure that no bee comb or other materials are left upon the ground of the apiary site. Upon removal from the apiary, all such materials shall be properly maintained in a sealed container or placed within a building or other bee-proof enclosure, so long as bees are present on the property.

[9] Inspections. If an inspection is required as a result of a nuisance complaint, the designated Township Code Enforcement Officer will inspect the property only and not the beehives. It is recommended that the state or local beekeeping organization be contacted to assist in understanding how the complaint arose and to what extent it is actually caused by the honeybees/beekeeper (i.e., "bee" stings are often caused by yellow jackets, hornets and wasps and mistakenly blamed on honeybees because the honeybee colonies can be seen unlike many other aggressive stinging insects). A notice of 48 hours shall be given to the beekeeper prior to any inspection.

[10] Nuisance. It shall be unlawful for any beekeeper to keep any hive in such a manner as to cause any unhealthy condition, interfere with the normal use and enjoyment of human or animal life, or interfere with the normal use and enjoyment of the properties surrounding the property on which the bees are kept. By way of example and not of limitation, the following activities are hereby declared to be a public nuisance and are, therefore, unlawful:

[a] The use of receptacles for honeybees that does not comply with the Pennsylvania Bee Law, 3 Pa.C.S.A. § 2101 et seq., as amended.

[b] Hive placement and related bee movement such that the bees, without provocation, interfere with the reasonable freedom of movement of persons in a public right-of-way, or the location of bees have a proven impact to the general safety, health, and welfare of the general public.

[11] Prohibitions. Aggressive or Africanized honeybees may not be kept on any property in the Township.

[12] The sale of honey must comply with state and federal laws and regulations and with the existing Township Code of Ordinances.

(13) Mobile food vendors. A mobile food vendor is a self-contained food service operation, located in a readily movable motorized, wheeled, or towed vehicle, used to store, prepare, display or serve food intended for individual portion service. Such use may include, but is not limited to, food trucks or canteen trucks.

(a) Mobile food vendors must comply with all federal, state and local licensing, which includes registering for and obtaining a local business license, up-to-date records on health inspections, as well as any and all other permitting regulations and all business tax, sales tax and other tax requirements.

(b) It shall be unlawful to operate a mobile food service vehicle to sell or offer for sale any food, service, or merchandise at any location within the Township unless a permit has been issued by the Township and in compliance with the other requirements of this article. A Township permit shall not be required for mobile food service vehicles hired to cater a private event.

(c) Mobile food vendors may not operate within the public right-of-way or on any Township property except as may be specifically allowed by the Township. No unattended mobile food service vehicle shall be left at any time in the right-of-way or parked on any other public property overnight.

(d) A mobile food service vehicle with a valid permit may operate on private property if allowed as a permitted use subject to § 440-37. The mobile food vendor shall have the written permission of the property owner, which shall be made available to the Township immediately upon request.

(e) Mobile food service vehicles, including any canopies, signage, equipment, and seating areas, may not occupy required parking spaces for the principal use, and shall not block fire lanes or designated traffic lanes.

(f) Mobile food vendors may operate beginning at 7:00 a.m. and ending at 9:00 p.m. unless otherwise restricted by the Township or by the property owner.

(g) Mobile food vendors which are the principal use of a property shall be regulated as an E5 Eating place use.

(h) Signage for each mobile food service vehicle shall be limited to signs on the exterior or interior of the vehicle and one sandwich board sign. All signs on the exterior of the vehicle shall be secured and shall not project more than six inches from the vehicle. One sandwich board sign may be placed outside the mobile food service vehicle, provided that the base of a sandwich board sign must be placed no further than two feet beyond the mobile food service vehicle. Sandwich board signs shall not exceed eight square feet per side or 48 inches in height and shall not obstruct or impede pedestrian or vehicular traffic.

(14) Outdoor seating associated with food and/or beverage service establishments. Such use shall be permitted as an accessory to eating places, bars, taverns, or craft beverage production facilities and meet the following requirements:

(a) The area used for outdoor seating shall comply with all applicable requirements of the zoning district in which it is located.

(b) Outdoor seating areas shall be separated from abutting residential uses by an opaque fence or wall along side and/or rear yards. The opaque fence or wall shall be a minimum of five feet high and a maximum of six feet high.

(c) Outdoor seating shall not impede pedestrian traffic flow or vehicular sight distance. A minimum pathway of at least five feet free of obstacles shall be maintained.

(d) All activities, including the playing of music, shall comply with the noise limitations of Township ordinances.

(e) Any lighting associated with the outdoor seating area shall not disturb neighboring properties and shall comply with all lighting regulations of Township ordinances.

(f) Refuse facilities shall be provided. All trash shall be removed from the outdoor seating area and from the area surrounding the outdoor seating area on at least a daily basis.

(g) The outdoor seating area shall not occupy areas that are required by the establishment to meet the parking requirements of this chapter.