Township of Richland, PA Article XVII Special Exceptions

§ 240-103 General provisions.

The following special exceptions are permitted in specific district classifications. They are subject to the general criteria against which all requests for special exceptions are evaluated which are located in Article XVI, § 240-100. In addition, approval of such special exceptions is subject to the following conditions:

A. Such use shall be one which is specifically authorized as a special exception use in the district in which it is to be located.

B. Such permits shall only be granted subject to any applicable conditions and safeguards required by this chapter.

C. Such permit may be granted subject to any additional conditions and safeguards as may be deemed by the Board to be advisable and appropriate.

D. Such use shall be found by the Board to be in harmony with the general purposes and intent of this chapter.

E. Such use shall not adversely affect the character of the district nor the conservation of property values nor the health and safety of residents or workers on adjacent properties and in the general neighborhood.

F. Such use shall be such appropriate size and so located and laid out in relation to its access streets that vehicular and pedestrian traffic to and from such use will not create undue congestion or hazards prejudicial to the general neighborhood.

G. Such use shall not conflict with the direction of buildings development in accordance with any Comprehensive Plan or portion thereof which has been adopted by the Planning Commission.

H. Within 10 days after an application for a special exception is filed, the application and accompanying plans shall be submitted to the Township Supervisors for their review and recommendations. If the Township Supervisors fail to file their recommendations within 10 days of receipt of the application by them, it shall be presumed that they have no recommendation. In any event, the recommendation of the Township Supervisors shall be regarded as advisory only to the Zoning Hearing Board and shall not be binding under any circumstances.

§ 240-104 Special exception conditions,

The following conditions shall apply to special exceptions that are permitted in certain specified districts.

A. Planned residential development. A planned residential development may be permitted as a special exception in an R-2, R-3 and R-4 Residential District to encourage renovations in residential development so that the growing demand for housing may be met by greater variety in type, design and layout of single-family dwellings and multifamily dwellings and by conservation and more efficient use of open space ancillary to said dwellings and uses; so that greater opportunities of better housing and recreation may extend to all citizens; and in order to encourage a more efficient use of the land and of public services and to reflect changes in the technology of land development so that economies secured may endure to the benefit of those who need homes. In aid of these purposes, and to ensure that the increased flexibility of regulations authorized herein and the requirements set forth within this chapter and by Article VII of the Pennsylvania Municipalities Planning Code, Act 247, as amended, are carried out, the following standards for planned residential development is herewith ratified:

(1) Submission procedure.

(a) The proposed planned residential development shall have a three-phase approval procedure in order to provide a expeditious method for processing the development plan.

(b) An application for the planned residential development, complete with approvals from all utilities, a statement outlining the development objectives setting forth the reasons why, in his/her opinion, a planned residential development would be in the public interest and consistent with the standards herewith set forth and an initial draft of the proposed development, shall be filed on behalf of the landowner to the Planning Commission for an initial review at their regular meeting. The Planning Commission shall review the submission for compliance with the procedures set forthwith in this section, Article VII of the Pennsylvania Municipalities Planning Code, the Richland Township Subdivision Ordinance[1] and all applicable ordinances of Richland Township. Within 10 days of the review, the Planning Commission shall give a written report to the developer and the Zoning Hearing Board.

[1] Editor's Note: See Ch. 215, Subdivision and Land Development.

(c) Within 60 days after tentative approval from the Planning Commission, the developer shall file application for a special exception to the Zoning Hearing Board. A public hearing pursuant to public notice on said application shall be held by the Zoning Hearing Board in the manner prescribed within Article XVI of this chapter and Article IX of the Pennsylvania Municipalities Planning Code. The Zoning Hearing Board shall review the development plans for compliance with the standards, conditions and regulations set forth within the provisions of this article. The Zoning Hearing Board shall make a written decision to the developer and the Planning Commission within 45 days after the hearing.

(d) Within 60 days after the approval from the Zoning Hearing Board, the preliminary plans, along with all supporting documents, shall be submitted to the Planning Commission for their review in accordance with the applicable procedures of the Richland Township Subdivision and Land Development Regulations then in effect. Final approval shall be in accordance with the applicable procedures of the Richland Township Subdivision and Land Development regulations then in effect.

(2) Minimum lot size. The minimum lot size for any planned residential development shall be 20 acres.

(3) Maximum lot size. The maximum lot size for any planned residential development shall be 60 acres.

(4) Permitted uses. The following uses are permitted:

(a) Single-family detached dwellings.

(b) Two-family detached dwellings.

(c) Multiple row dwellings, townhouses and garden apartments with a maximum of eight units per building.

(d) Multistory apartments not to exceed six stories or 60 feet above ground in height.

(e) Community buildings which are for the social, cultural or recreational use of the residents of the development to be located in an area to be consistent with the intent of this article.

(f) Open space and recreation facilities developed and maintained principally for use of residents of the development within Subsection A(6).

(g) Certain nonresidential uses such as buildings for convenience shopping and personal services, provided that such uses along with required parking occupy not more than 5% of the total land area of the development.

(5) In the event that development of the entire project is proposed to be divided into several phases, the Supervisors may require the construction of all or part of the open space-recreation facilities, community buildings or nonresidential uses in the initial phase of development.

(6) Dwelling standards.

(a) Single-family dwellings.

[1] Minimum 700 square feet living area.

[2] Maximum two stories and 35 feet maximum height.

[3] Lot width: 60 feet minimum at the building line

(b) Two-family dwellings.

[1] Maximum of eight duplexes for every one hundred single-family lots.

[2] Minimum of 700 square feet living area per unit.

[3] Maximum two stories with 35 feet maximum height.

[4] Lot width: 75 feet minimum at the building line.

[5] Lot area: 10,000 square feet minimum

(c) Apartment buildings.

[1] Maximum of eight units per building.

[2] Maximum of three stories or 45 feet in height.

[3] Maximum 16 units per acre

(d) Condominiums/townhouses.

[1] Maximum of eight units per building

[2] Maximum three stories or 45 feet in height.

[3] Maximum 16 units per acre

(7) Development standards and conditions. No multifamily, condominiums, townhouses or accessory buildings other than a sales office used for the activities within the development shall be constructed until the minimum size lots are sold or built upon.

(a) Four multifamily dwelling units may be constructed after the construction to 10 single-family dwellings or the sale of 10 single-family lots.

(b) The combination of eight dwelling units of multifamily, townhouses or condominiums may be constructed after the construction of 25 single-family homes or the sale of 25 single lots.

(c) The development must have a minimum of 33% of the dwelling units complete before the construction of any nonresidential building other than a sales office used for the activities within the development.

(d) The dwelling unit density shall conform to the following:

[1] Single family: five units per acre.

[2] Two-family: 10 units per acre.

[3] Row dwelling: 16 units per acre.

[4] Multistory dwellings: 16 units per acre.

[5] For mixed types of structures, the overall density may not exceed 12 units per acre.

(8) Setback requirements and minimum distance between buildings and density requirements. More than one multifamily building, townhouse or condominium building may be placed on a single parcel of land with the position as detailed below:

(a) A minimum building setback of 70 feet shall be observed around the entire perimeter of the tract or lot used for multifamily, townhouse or condominium. No main or accessory building may be erected within the setback area. The property abutting the planned residential development area used for multifamily dwellings must be properly safeguarded with a maintained buffer planting strip of 10 feet.

(b) A front yard setback of 35 feet shall be observed for all buildings erected adjacent to streets.

(c) When more than one multifamily dwelling building is erected on a single site, lot or tract, the minimum distances between buildings shall be as follows:

[1] Front to front: 70 feet; front to rear: 60 feet.

[2] Side to side: not less than 25 feet.

[3] Front to side or rear to side: not less than 25 feet.

[4] Rear to rear: not less than 50 feet.

[5] All parking lots associated with multifamily, townhouse, row dwelling or recreational facilities and buildings shall be a minimum of 40 feet from lot or property lines.

[6] All buildings, including accessory buildings, shall cover not more than 35% of the area of the lot.

(d) Single-  and two-family.

[1] Front yard of 35 feet.

[2] Rear yard of 35 feet.

[3] Side yard of 10 feet.

[4] Side yard of corner lot: 35 feet.

(9) Roads and utilities. All improvements, stormwater systems, sanitary sewers, water lines, signs and utilities must be installed as per the standards of the appropriate authority and the Subdivision Ordinance of Richland Township[2] for the acceptance by the township and the appropriate authority. The road right-of-way shall be 50 feet minimum in width, with a paved cartway between concrete curbs of 22 feet.

[2] Editor's Note: See Ch. 215, Subdivision and Land Development.

(10) Public open space required. At least 250 square feet per family unit shall be set aside and maintained for an outdoor recreation area by the owner of the development, his successors and assigns and shall be developed with recreation equipment and playground area, including a six-foot high fence around the entire perimeter with appropriate gates. In lieu of maintenance by the developer, an association of homeowners in the development may provide such maintenance, but documents creating such an association shall be approved by the Township Solicitor before final approval is given for the planned residential development. Should neither the developer nor an approved homeowners' association maintain the public open space required in this subsection, then the township shall have the option to maintain the public open space and, if it chooses to do so, impose a lien on the individual properties in the development to collect the costs of such maintenance.

(11) Site improvement standards. The developer or owner of any planned residential development shall be responsible for the engineering, construction, installation and maintenance of site improvements as follows:

(a) Engineering site plan required. An engineering site plan shall be prepared by a registered surveyor or registered professional engineer and filed with the Township Supervisors prior to the start of any construction of an approved Planned residential development. The site plan shall be drawn at a minimum scale of one inch equals one hundred feet and shall indicate the exact location and dimensions of all buildings, streets, sidewalks, roads, parking areas, water lines, sanitary sewer lines, telephone lines, recreation areas, landscaping, walls, fences, right-of-way lines, property lines and any other features to be constructed or installed on the site. A topographic map shall be prepared at a minimum scale of one inch equals one hundred feet with a contour interval of five feet and shall indicate all existing and final grades for the site; spot elevations shall be indicated for streets, storm and sanitary sewers and other elevation features as deemed appropriate and necessary by the Zoning Officer.

(b) Perimeter survey. A perimeter survey of the parcel to be developed as a planned residential development shall be prepared by a registered surveyor. Permanent concrete markers, with a minimum standard of six inches by six inches by thirty inches with a copper rod, shall be installed on all corners around the perimeter of the site. The survey shall tie directly into adjoining property.

(c) Street paving. The engineering, construction, installation and maintenance of all streets within the planned residential development shall be the sole responsibility of the developers and shall be in accord with minimum township standards as set forth in the Richland Township Subdivision and Land Development Ordinance[3] then in effect.

[3] Editor's Note: See Ch. 215, Subdivision and Land Development.

(d) Street signs and street lights. Street signs and street lights shall be installed and maintained by the developer as required by the Richland Township Subdivision and Land Development Ordinance then in effect.

(e) Water lines and fire hydrants. The installation of all water lines, including fire hydrants, shall be in accord with requirements and specification of the Sewer and Water Authority having jurisdiction and Richland Township. Detailed engineering plans and specifications shall be filed with both the township and the Sewer and Water Authority having jurisdiction.

(f) Sanitary sewers. The installation of all sanitary sewers shall be in accord with plans and specifications submitted to and approved by the Sewer and Water Authority having jurisdiction.

(g) Storm sewers. The installation of a storm sewer system shall be in accord with plans and specification filed with and approved by Richland Township.

(h) Curbing. All curbing shall be as per township specifications and approved by Richland Township.

(i) Off-street parking and loading facilities shall be provided as required or permitted under § 240-105 herein.

(12) Final plat. A final plat as described in the Richland Township Subdivision and Land Development Ordinance then in effect shall be completed and submitted to Richland Township for revision and approval. Said final plat shall be recorded as required by the Richland Township Subdivision and Land Development Ordinance then in effect.

B. Hospital and nursing home. A hospital or nursing home may be permitted as a special exception in an R-3 or an R-4 Residential District and a nursing home may be permitted as a special exception in a C-3 Office Commercial District with the minimum requirements as hereinafter set forth.

(1) Height: as permitted in each district.

(2) Lot area. The minimum lot area shall be two acres.

(3) Yard areas: as required in each district.

(4) Percentage of lot coverage: as permitted in each district.

(5) Site plan: as required under Article IV,§ 240-19 herein.

(6) Off-street parking facilities: as required under Article XVIII herein.

C. Rooming house. A rooming house may be permitted as a, special exception in an R-2 or an R-3 Residential District provided that it does not accommodate more than four boarders and meets the requirements of a single dwelling in the district.

D. Mobile home park. A mobile home park may be permitted as a special exception in the R-3 Residential District with the minimum requirements as hereinafter set forth. Mobile homes may be permitted as a special exception in any district for the use of a watchman or security guard. No mobile home park shall be located or constructed in a manner or at a location inconsistent with the Richland Township Floodplain Ordinance.[4]

(1) Lot area. The minimum area for every mobile home park hereafter developed shall be 10 acres.

(2) Plot plan. Each application shall be accompanied by three copies of a plot plan drawn at a scale of one inch equals twenty feet, prepared by a licensed surveyor or engineer, showing limits and square footage of the proposed mobile home park and location and size of driveways, parking areas, drying areas, playgrounds, service buildings, other buildings and mobile home lots, together with required setbacks from rights-of-way and property lines. All mobile home lots shall be numbered in sequence on the plot plan.

(3) Minimum lot area for each mobile home. The minimum unit area for each lot used or occupied by and under each mobile home shall be as follows:

(a) Seventy-five percent of the lots in one mobile home park shall be not less than 2,600 square feet in area.

(b) Twenty-five percent of the lots in any one mobile home park shall be not less than 2,100 square feet in area.

(c) Density in any mobile home park shall not exceed 10 units per gross acre.

(4) Minimum width of mobile home lots. The minimum width of each mobile home lot shall be 35 feet.

(5) Minimum distance between mobile homes. No mobile homes shall be placed within 20 feet another; provided that, with respect to mobile homes parked end-to-end, the distance between mobile homes so parked shall be not less than 25 feet.

(6) Setbacks. The distance between mobile homes and the mobile home park boundary shall be not less than the yard setback required in the zoning district which abuts each boundary line. In no case shall a mobile home be parked less than 25 feet from the mobile home park boundary.

(7) Mobile home stands. The area of the mobile home stand shall be improved to provide adequate support for the placement and tie-down of the mobile home, thereby securing the superstructure against uplift, rotation and overturning.

(8) Permanent markers. Every mobile home lot shall be clearly defined on the ground by permanent markers. There shall be posted and maintained in a conspicuous place on each lot a number corresponding to the number of each lot as shown on the plot plan.

(9) Streets and driveways.

(a) The lane or driveway on which an individual mobile home lot fronts shall be not less than 28 feet in width. In cases where driveways dead-end, there shall be constructed at each deadend a cul-de-sac with a minimum turning radius of 40 feet.

(b) All streets and driveways shall be paved in accordance with standards and specifications required for local streets in the Richland Township Subdivision Regulations then in effect. All construction material for such roads shall meet established township requirements. Where any mobile home park has an entrance from a state highway, approval of said entrance from the State Department of Transportation must be secured before said development is approved.

(10) Water and sewer facilities. An adequate supply of water approved by the Pennsylvania Department of Environmental Protection shall be furnished from a public water supply system or from a private water system conforming to all applicable laws, regulations, resolutions and ordinances, with supply faucets located on each mobile home lot. In each mobile home park, all waste water from a faucet, toilet, tub, shower, sink, drain, washing machine, garbage disposal unit or laundry shall empty into an approved sewer system installed in accordance with state and township regulations.

(11) Service buildings. Each mobile home park shall provide service buildings to house the following facilities:

(a) All service buildings shall be permanent structures complying with ordinances regulating the construction of buildings.

(b) All service buildings shall be adequately lighted at all times of the day and night, shall be well ventilated, shall be constructed of such moistureproof material, including painted woodwork, as shall permit repeated cleaning and washing and shall be maintained at a temperature of not less than 68º F. during the period from October first to May first.

(c) All service buildings and the grounds of the park shall be maintained in a clean, sightly condition and kept free of any condition that will menace the health of any occupant or the public or constitute a nuisance or fire hazard.

(12) Storage tanks. Gasoline, liquefied petroleum, gas or oil storage tanks shall be so installed as to comply with all county, state and national fire prevention code regulations.

(13) Playgrounds. The purpose of this subsection is to provide for areas and facilities for recreational purposes appropriate to the needs of the occupants. At least 250 square feet of playground space shall be developed and maintained for each mobile home lot. Each mobile home park must provide not less than one playground, and no playground shall be less than 2,500 square feet in area. Such areas shall be used exclusively for playground purposes.

(14) Additions to mobile homes. No permanent or semipermanent structures shall be affixed to any mobile home as an addition to such mobile home, nor shall any accessory structure be permitted on any mobile home lot except one accessory building per mobile home not to exceed 120 square feet in area, and further excepting those accessory structures required by these regulations and an office structure. The prohibition herein against any addition or accessory building to a mobile home or mobile home lot shall not apply to a canopy or awning designed for use with a mobile home. The mobile home and any accessory building shall not exceed 40% of the total mobile home lot.

(15) Parking shall be provided as follows:

(a) Off-street parking shall be provided at the rate of two spaces for each mobile home lot.

(b) All parking areas shall be paved in accordance with paving standards established by the township.

(16) General conditions. All procedures for development of a mobile home park shall be the same as required for a use by special exception as specified in these zoning regulations.

[4] Editor's Note: See Ch. 138, Floodplain Management.

E. Sanitary landfill or similar waste disposal site. A sanitary landfill or similar waste disposal site may be permitted in the M Manufacturing District, provided that the operator meets all regulations and requirements of the Pennsylvania Solid Waste Management Act,[5] the Cambria County Solid Waste Management Study and the Pennsylvania Department of Environmental Protection.

[5] Editor's Note: See 35 P.S. § 6018.101 et seq.

F. Storage yard and buildings for contractor or excavating equipment. A storage yard and buildings for contractor or excavating equipment may be permitted as a special exception in L, M and C-2 Districts on a tract of land greater than two acres as follows:

(1) Storage yard for trucks, tractors, earth moving equipment and similar types of equipment, provided that the equipment or storage yard is set back a minimum distance of 25 feet from the nearest property line and the area is properly screened from adjacent properties.

(2) Storage of materials and supplies customarily incidental to the operation of a contractor's business, provided that all materials are stored within an enclosed building or structure.

G. Billboards. Billboards not to exceed 300 square feet may be permitted by the grant of a special exception by the Zoning Hearing Board, provided that it shall:

(1) Not be located closer than 50 feet to a public right-of-way.

(2) No billboards shall be attached to any building.

[Amended 12-16-2013 by Ord. No. 327]

(3) If freestanding, not to exceed 20 feet in height, measured from the ground to the top of the sign.

(4) Be on a parcel or lot not abutting or opposite a frontage in an R District unless the advertising face is not visible from the R District.

(5) Be no nearer than 300 feet to any R District if illuminated unless the advertising face is not visible from the R District.

(6) Be no nearer than 300 feet to any church, school, park, playground or recreational area owned and operated by a public body.

(7) Be no nearer than 400 feet to the center line of any restricted or limited access highway or the access ramps thereto if the face of the sign is visible therefrom.

H. Surface mining.

(1) Definitions. As used in this subsection, the following terms shall have the meanings indicated:

MINERALS

Includes, but is not limited to, bituminous coal, lignite, limestone and dolomite, sand, gravel, rock, stone, earth, slag, ore, vermiculite, clay and other mineral resources.

SURFACE MINING

Any extraction of any mineral which involves removal of the surface of the earth or exposure of the mineral or substance of the earth, wind, rain or sun or other elements of nature for sale or commercial purposes.

(2) Regulations of surface mining by special use permit in order to protect public health, safety and welfare by controlling the location of surface mining in relation to other land activities. Use and occupancy of land for surface mining in R-2 (as modified in § 240-38B), L-1 and M Districts shall be permitted as a special exception, provided that the applicant can show by sufficient substantial evidence that the mining operation:

(a) Will not occur within 100 feet of a public road.

(b) Will not occur within 300 feet of an incompatible use district.

(c) Will not disturb the natural vegetation within 100 feet of a watercourse.

(d) Will not occur within 300 feet of any public park, public building or other public institution, places having unique historic or patriotic interest or value (unless the owner of the site or the governmental body having jurisdiction over the site has consented to the mining operation).

(e) Will not substantially injure or detract from the lawful existing or permitted uses of neighboring properties.

(f) Will not injure any public, private residential or agricultural water supply source, and a copy of the surface and ground water monitoring plan must be submitted in the application for special exception.

(g) Will not adversely affect any public land or land used for a public purpose.

(h) Will not adversely affect the logical, efficient and economical extension of public services and facilities throughout the municipality.

(i) Will serve the best interest of the municipality, the convenience of the community and the public welfare.

(j) Will result in the land area subject to the application being placed in a condition which will allow the use of that land for economically and ecologically productive uses of the type permitted in the zoning district or districts in which that land is located upon completion of the mining operation.

(k) Will meet such reasonable conditions and safeguards as the Zoning Hearing Board may require to protect the public health, safety and welfare in accordance with the spirit and purpose of this zoning chapter, including, but not limited to, setback requirements, buffer zones, provisions for adequate access to the mine site and the routing and hours of operation of trucks and other vehicles serving the mine operation through the municipality and the minimizing of noxious, offensive and hazardous conditions resulting from the existence and operation of the mine and to provide for the posting of a bond to provide for the reconstruction of any township roads adversely affected by the mining operation.

(l) Will not occur within 300 feet from any occupied dwelling unless the consent of the owner of the dwelling has been obtained in advance of the filing of the application for special use permit.

(m) Will not occur within 100 feet of a cemetery.

(n) Will not represent a danger of flooding in areas downstream.

(3) Application for use permit. Acquisition of a special use permit shall be subject to an application petition. The application petition must be accompanied by the fee set by resolution which will be used to defray the cost of the initial application process. The applicant shall bear all costs of the initial application process should those costs exceed the fee set by resolution. Contemporaneous with the applicant's petition for a hearing for the granting of a special use permit, the applicant must submit with his petition the following information in writing:

(a) The location of the proposed surface mining operation.

(b) The anticipated depth of any excavation.

(c) The depth of the existing water table.

(d) The probable effect of the mining operation on the existing water table or confined aquifer.

(e) The relationship of the mine site to surface watercourses and bodies of water (in excess of 10 acres).

(f) The established water quality of surface waters which may be affected by the mining operation.

(g) The probable effect of the mining operation on the quality of those surface waters. (The Board may require the applicant to prepare studies of the present water quality of surface or underground waters which may be affected by the proposed mining operation and receive other qualified evidence on water quality.).

(h) The nature and content of the overburden to be removed in the course of mining.

(i) The underlying strata in which the minerals to be mined are located.

(j) The probable effect of blasting and other excavation methods upon lawful existing and permitted uses in the area surrounding the proposed mine site.

(k) The applicant shall attach to his application a copy of his own mine drainage application filed with the state and/or federal authorities.

(4) Preliminary hearing. The application shall be subject to a two-step hearing before the Zoning Hearing Board. The preliminary hearing shall be to establish the prerequisites to the granting of the special exception. The preliminary hearing shall be held within 45 days of the submission of the application, the application fee and the information required by Subsection H(3) above. The applicant must show by substantial evidence on the record as a whole that the mining operations comply with the requirements set out in Subsection H(2) above. The hearing shall be open to the public, and all interested parties shall be permitted to present testimony unless such testimony is merely cumulative.

(5) Application to be reviewed by the Planning Commission.

(a) The Zoning Hearing Board shall forward one copy of all applications for a special use permit for surface mining and a copy of the record of the hearing to the Planning Commission immediately upon receipt for review and comment by that agency on all aspects of the application as they relate to the purposes and requirements of this chapter. The Planning Commission shall prepare a report on the application within 45 days of the original hearing. The report shall be presented to the Zoning Hearing Board by an authorized representative of the Planning Commission. The report shall contain recommendations and any conditions the Planning Commission feels are necessary for accomplishment of the purposes of this chapter.

(b) Such conditions may include but shall not be limited to:

[1] Tarps over all coal trucks using township roads.

[2] Limiting truck routes.

[3] Limiting level of noise as measured at any occupied building.

[4] Limiting levels of dust and other pollutants as measured at any occupied building.

[5] Requiring blasting notices to owners and occupiers of dwellings up to one-half mile from the site.

[6] Times of the day and days of the week during which surface mining may occur.

[7] Public liability insurance to protect against claims for bodily injury and property damage.

(6) Final order of the Zoning Hearing Board. Within 20 days of receipt of the report and recommendation of the Planning Commission, the Zoning Hearing Board shall make a final order either denying the application or granting the application subject to those recommendations of the Planning Commission which the Board believes are required to effectuate the policies and purposes of this chapter.

(7) Regulation of the maximum acreage available for active surface mining. The Zoning Hearing Board shall have no power to grant special use permits covering more than 100 acres of ground in Richland Township at any one time nor shall there be more than a combined total of 100 acres of ground in Richland Township being surface mined at any given point in time, regardless of the number of surface mining operations. For the purposes of this provision, strip mines which were abandoned according to the definition in 52 Pa.C.S. § 1396.3 of Act No. 147 of November 20,1971,upon which an applicant wishes to engage in surface mining, shall not be counted towards the one-hundred- acre limit, provided that the applicant meets all other conditions of the Act.

(8) State and federal regulations. No mining operations shall be conducted under a special use permit issued pursuant to this chapter unless the mine operator shall have a currently valid permit to conduct surface mining operations issued by the appropriate state or federal agency having regulatory authority over the conduct of the surface mining operations. The applicant must also comply with all state and federal regulations of surface mining operations.

(9) Time limit of special use permits. Special use permits for surface mining granted by the Zoning Hearing Board shall remain in effect for two years; at the end of this time, the holder of a special use permit must reapply for an extension of two years for the permit from the Zoning Officer. The holder shall pay a renewal fee of $1,000. If the Zoning Officer is not satisfied that the permit holder has complied with all conditions of the permit and all applicable regulations, he may refuse the renewal. The decision to grant or refuse the extension of the permit shall be made in not less than three nor more than 10 days from the date of receipt of the application for the extension. The permit holder shall have 10 days from the denial of renewal to appeal the decision of the Zoning Officer to the Zoning Hearing Board and shall pay the sum of $500 to defray the cost of the appeal proceedings. Should the cost of the appeal proceedings exceed the five-hundred-dollar fee, the permit holder shall pay those costs in excess of the five-hundred-dollar fee.

(10) Enforcement of requirements of this chapter.

(a) The Zoning Officer shall, on his own motion or upon receipt of any information concerning the violation of the permit conditions or this chapter or of any applicable state or federal regulation, conduct an investigation. If the Zoning Officer determines there is a violation, he may order a revocation of the permit and a termination of surface mining activities. The order shall be sent to the permit holder's principal place of business.

(b) The permit holder may appeal an adverse order of the Zoning Officer to the Zoning Hearing Board within 30 days and shall pay the sum of $500 to defray the cost of the appeal proceedings. Should the cost of the appeal proceedings exceed the five-hundred-dollar fee, the permit holder shall pay those costs in excess of the five-hundred-dollar fee.

(11) Zoning Hearing Board appeals. When a permit holder appeals an adverse order of the Zoning Officer under Subsection H(9) and (10) of this chapter, he must be granted a hearing within 30 days of the filing of this appeal. At that hearing, the Zoning Hearing Board shall take testimony from all interested parties unless the testimony is cumulative. The Zoning Hearing Board shall reverse, modify or affirm the order of the Zoning Officer within 30 days after the hearing.

I. Home occupations. A home occupation shall be permitted as a special exception in R-1, R-2, R-3 and R-4 Residential Districts where the following criteria are satisfied.

(1) The proposed use shall be consistent with the definition of a home occupation set forth in § 240-9 of this chapter.

(2) Off-street parking relating to the home occupation shall be limited to not more than three spaces for motor vehicles in excess of the number of motor vehicles registered to the occupants residing at the residence in which the home occupation is conducted.

(3) The Zoning Hearing Board may impose such other reasonable conditions upon the home occupation as may be necessary or as may be reasonably related to the guidelines set forth in § 240-101B of this chapter.

J. Sewage sludge.

(1) Definitions. As used in this subsection, the following terms shall have the meanings indicated:

DISPOSAL

The discharge, deposit, injection, dumping, spilling, leaking or placing of any sewage sludge from a municipal or private treatment plant into or on any land in the township, provided that the spreading of poultry and livestock manure generated from conventional agricultural activities on crop land or farm land for agricultural purposes shall not be included within this term and such activity shall not be regulated by this chapter.

SEWAGE SLUDGE

As defined in Chapter 75, Page 3, of the Pennsylvania Department of Environmental Protection, Solid Waste Management Rules and Regulations, i.e., the coarse screenings, grit and dewatered or air dried sludges, septic tanks and holdings tank pumping and other residues from sewage collection and treatment systems which require disposal.

(2) Regulations of sewage sludge disposal by special use permit in order to protect public health, safety and welfare by controlling the location of sewage sludge disposal in relation to other land activities. Use and occupancy of land for sewage sludge disposal in the M Manufacturing District shall be permitted as a special exception, provided that the applicant can show by sufficient substantial evidence that the disposal operation:

(a) Will not substantially injure or detract from the lawful existing or permitted uses of neighboring properties.

(b) Will not injure any public, private residential or agricultural water supply source.

(c) Will not adversely affect any public land or land used for a public purpose.

(d) Will not adversely affect the logical, efficient and economical extension of public services and facilities throughout the municipality.

(e) Will serve the best interest of the municipality, the convenience of the community and the public welfare.

(f) Will result in the land area subject to the application being placed in a condition which will allow the use of that land for economically and ecologically productive uses of the type permitted in the zoning district or districts in which the land is located upon completion of the disposal operation.

(3) Applications for special use permit. Acquisition of a special use permit shall be subject to an application petition. The applicant must submit with its petition the following information in writing:

(a) A copy of its application to the Pennsylvania Department of Environmental Protection (DEP) or a permit.

(b) Copies of any and all materials, documents or drawings submitted with said application to DEP.

(c) A description of the proposed application program, including the sources of the sludge and how it is to be transported to the site, a timetable for application, a description of any storage operations, the proposed utilization rate, the total acreage involved and the useful life of the proposed site.

(d) A topographical drawing, prepared by a registered engineer, to a scale no greater than one inch to 200 feet showing:

[1] Location of the site relative to public roads.

[2] Identity of owners of adjacent properties.

[3] Boundaries of the area to be used for land application.

[4] Location of public and private water supplies, wells, springs, streams, swamps or other bodies of water within one-fourth of one mile of the boundaries of the proposed land application site.

[5] Soil classifications of the land application area.

[6] Vegetation.

(e) A soils and geologic report indicating the physical characteristics of the site with respect to its suitability for application of sludge. The report shall be based on available soil survey and geologic data and accompanied by field test analysis. Field tests shall include soil borings by a soil scientist to confirm that soil profile characteristics are consistent with published soil survey data.

(f) A chemical analysis of the sludge from each proposed source. The analysis shall involve a minimum of 10 samples. The analysis shall include the following items:

[1] Total moisture content.

[2] Percentage of total nitrogen (wet and dry weight).

[3] Percentage of ammonia nitrogen (wet and dry weight).

[4] Percentage of organic nitrogen (wet and dry weight).

[5] Biochemical oxygen demand.

[6] pH.

[7] Percentage on a dry weight basis of cyanide, sodium, cadmium, zinc, copper, nickel, lead, chromium, mercury, molybdenum, potassium, phosphorus, calcium, manganese, iron, aluminum, magnesium and cobalt and other toxic substances and enteric pathogens as may be required by the Zoning Hearing Board.

[8] Total solids.

(g) For all applications, there shall be an application fee accompanying an application in the minimum nonrefundable amount as set by resolution. Said application fee shall be used to offset all township costs, including township engineering fees. As and when said costs exceed the fee set by resolution, the applicant shall pay as an additional application fee the additional costs incurred upon presentation of statements by the township to the applicant.

(h) A copy of the agreement between the generator of the sludge or the hauler and applicator and the land owner showing provisions as to the term of the agreement, the operation to be carried out in spreading sludge and the keeping of records.

(i) Where the proposed applications of sludge involves a leasehold arrangement between the owner of the property and the party applying the sludge, a land development plan shall be prepared and filed in accordance with the provisions of the Pennsylvania Municipalities Planning Code[6] and the Richland Township Subdivision and Land Development Regulations.[7]

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

[7] Editor's Note: See Ch. 215, Subdivision and Land Development.

(j) All monitoring reports required by the Department of Environmental Protection (DEP).

(k) Information sufficient to show that the disposal site complies with the standards set forth in Subsection J(4) below.

(4) Standards for issuance of special use permits.

(a) Application of sludge to the land shall be in accordance with the currently adopted standards of the Pennsylvania Department of Environmental Protection as set forth in Chapter 75, Title 25, Rules and Regulations, Department of Environmental Protection.

(b) Area. No site shall be approved which contains less than 10 contiguous acres.

(c) Setback requirements.

[1] Sludge shall not be applied within 500 feet of a stream or water supply.

[2] Sludge shall not be applied within 50 feet of adjoining property lines.

[3] Sludge shall not be applied within 300 feet of occupied dwellings.

(d) Slope concentrations. Sludge applications shall not take place on slopes exceeding 20% percent.

(e) Soil coverage. Sludge applied to land shall be injected under the surface of the soil or, if spread on the surface, shall be plowed under within 24 hours.

(f) Weather conditions. Sludge shall not be applied when the ground is saturated, snow covered, frozen or during periods of rain.

(g) Waste material storage. Waste materials shall be applied to the land immediately upon delivery to the site and shall not under any circumstances be stored upon the site for any purpose or for any period of time in excess of five days.

(h) Sources of sewage sludge. No sewage sludge shall be permitted to be applied anywhere within the township unless its source is from a municipal or private treatment facility located within Cambria County, Pennsylvania.

(5) Preliminary hearing. The application shall be subject to a two-step hearing before the Zoning Hearing Board. The preliminary hearing shall be to establish the prerequisites to the granting of the special exception. The preliminary hearing shall be held within 45 days of the submission of the application, the application fee and the information required by Subsection J(3) above. The applicant must show by substantial evidence on the record as a whole that the disposal operations comply with the requirements set out in Subsection J(2), (3) and (4) above. The hearing shall be open to the public, and all interested parties shall be permitted to present testimony, unless such testimony is merely cumulative.

(6) Application to be reviewed by the Planning and Zoning Commission.

(a) The Zoning Hearing Board shall forward one copy of all applications for a special use permit for sewage sludge and a copy of the record of the hearing to the Planning Commission immediately upon receipt for review and comment by that agency on all aspects of the application as they relate to the purposes and requirements of this chapter. The Planning Commission shall prepare a report on the application within 45 days of the original hearing. The report shall be presented to the Zoning Hearing Board by an authorized representative of the Planning Commission. The report shall contain recommendations and any conditions which the Planning Commission feel are necessary for accomplishment of the purposes of this chapter.

(b) Such conditions may include but shall not be limited to:

[1] Establishment of a monitoring well to test water quality prior to, during and after the application program along with subsequent quarterly monitoring during the application program. The location of the monitoring well shall be approved by the Zoning Officer prior to the drilling. In the event that groundwater is found to flow in several directions, a monitor well for each direction may be required.

[2] As part of the monitoring program, a quarterly chemical analysis and laboratory testing of the sludge to be paid for at the applicant's expense to ensure that the sludge content remains within the limits established by the Pennsylvania Department of Environmental Protection and this chapter, which results shall be furnished to the township.

[3] As part of the monitoring program, semiannual soil analysis to be paid for at the applicant's expense to ensure that the sludge content pH remains above 6.0.

[4] Keeping and maintaining of records of the quantity, dates, sources and location of the sludge application, which records are to be supplied to the township upon request.

[5] Posting of a performance bond in order to assure that the various tests and duties imposed upon the applicant are fully performed. The applicant shall assure the township by means of a corporate bond or the deposit of funds or securities in escrow sufficient to cover the cost, as estimated by the Zoning Officer. of performing the various tests and duties imposed upon him by this chapter over the expected useful life of the site plus five years. The bond shall be furnished under such conditions and form and with surety as be approved by the Township Solicitor to guarantee and secure that all such tests and duties are fully and adequately performed and are paid for by the applicant and that the township shall, in no event, be held liable for the cost of any such duties or tests. In lieu of a bond, the applicant may deposit cash or securities with the township or a bank or trust company to guarantee and secure the same requirements as set forth above. In the event that such cash or securities are deposited, said deposit must be made pursuant to an escrow agreement prepared and approved by the Township Solicitor. The escrow agent for the deposit of such cash or security shall be located in Cambria County and shall be subject to approval by the Township Solicitor.

[6] Deliver to the township a liability indemnification with bond good for the useful life of the proposed site plus five years on a form to be prepared by or approved by the Township Solicitor, pursuant to the terms of which the applicant, individually and with surety, specifically agrees to fully indemnify and hold harmless the township and all of its officers, agents and employees from any and all liability, expense or damages whatsoever and litigation defense costs accruing to any of the same as a result of any use or any land in the township pursuant to the provisions hereof. The amount of the indemnification bond shall be equal to the costs of removal and/or cleanup of any site and any engineering or legal fees pertaining thereto as estimated by the Zoning Officer and Township Solicitor at the time of issuance of any permit plus 15% percent per year thereof for the useful life of the site plus five years.

[7] Submit to the township an insurance policy covering liability for any harm to persons and/or damage to properties resulting from the aforesaid activities. Said insurance policy shall be in full force and effect for the entire duration of the above operations and for at least two years following the termination of said operations. The amount of said insurance coverage shall be specified by the Board of Supervisors based upon their judgment as to the potential for harm or damage.

(7) Final order of the Zoning Hearing Board. Within 20 days of receipt of the report and recommendation of the Planning Commission, the Zoning Hearing Board shall make a final order either denying the application or granting the application subject to those recommendations of the Planning Commission which the Board believes are required to effectuate the policies and purposes of this chapter.

(8) State and federal regulations. No operation shall be conducted under a special use permit issued pursuant to this chapter unless the applicant shall have a currently valid permit to dispose of sewage sludge issued by the appropriate state or federal agency having regulatory authority over the disposal of sewage sludge. The applicant must also comply with all state and federal regulations concerning the disposal of sewage sludge.

(9) Time limit of special use permits. Special use permits for disposal of sewage sludge granted by the Zoning Hearing Board shall remain in effect for two years; at the end of this time, the holder of a special use permit must reapply for an extension of two years for the permit from the Zoning Officer. The holder shall pay a renewal fee of $1,000. If the Zoning Officer is not satisfied that the permit holder has complied with all conditions of the permit and all applicable regulations, he may refuse the renewal. The decision to grant or refuse the extension of the permit shall be made in not less than three nor more than 30 days from the date of receipt of the application for the extension. The permit holder shall have 10 days from the denial of renewal to appeal the decision of the Zoning Officer to the Zoning Hearing Board and shall pay the sum of $500 to defray the cost of the appeal proceedings. Should the cost of the appeal proceedings exceed the five-hundred-dollar fee, the permit holder shall pay those costs in excess of the five-hundred-dollar fee.

(10) Enforcement of requirements of this chapter

(a) The Zoning Officer shall, on his own motion or upon receipt of any information concerning the violation of the permit conditions or this chapter or of any applicable state or federal regulation, conduct an investigation. If the Zoning Officer determines there is a violation, he may order a revocation of the permit and a termination of disposal activities. The order shall be sent to the permit holder's principal place of business.

(b) The permit holder may appeal an adverse order of the Zoning Officer to the Zoning Hearing Board within 30 days and shall pay the sum of $500 to defray the cost of the appeal proceedings. Should the cost of the appeal proceedings exceed the five-hundred-dollar fee, the permit holder shall pay those costs in excess of the five-hundred-dollar fee.

(11) Zoning Hearing Board appeal. When a permit holder appeals an adverse order of the Zoning Officer under Subsection J(9) and (10) of this chapter, he must be granted a hearing within 30 days of the filing of his appeal. At that hearing, the Zoning Hearing Board shall take testimony from all interested parties unless the testimony is cumulative. The Zoning Hearing Board shall reverse, modify or affirm the order of the Zoning Officer within 30 days after the hearing.

K. Telecommunications towers.

(1) Definitions. As used in this subsection, the following terms shall have the meanings indicated:

TELECOMMUNICATIONS TOWER

An elevated radio, television or microwave transmission or receiving tower which is used to transmit, receive, retransmit or otherwise convey radio, television or microwave signals.

(2) Tower regulations.

(a) Permitted by special exception. Cooling towers, fire towers, stacks, water towers, radio towers, television towers and telecommunications towers may be erected in the L Light Industrial and M Manufacturing Districts so long as they do not exceed 90 feet, including antenna, and so long as such towers and stacks:

[1] Shall be located not less than 25 feet from any lot line, and the required setback shall be increased by one foot for each vertical foot of structure that exceeds the allowable height for the district in which it is to be erected.

[2] Accessory appurtenant structures, support cables and other structures associated with any tower shall be located not less than 15 feet from any lot line or any setback in that district.

[3] All towers, support cables and appurtenant structures shall be within a protective fence with locking gates. Such fences shall be six feet in height with two feet of barbed wire over that six feet.

[4] All safety lighting shall be installed and maintained and all operations shall be conducted in accordance with Federal Aviation Administration (FAA), Federal Communications Commission (FCC) or other applicable regulations.

[5] All proposed towers and stacks must be certified in writing by a registered professional engineer, at the expense of the owner, to be structurally sound, as proposed, before construction may begin and, as constructed, within 30 days of its completion.

[6] All towers and stacks exceeding 40 feet in height must be certified as structurally sound by a registered professional engineer, every second year, at the expense of the owner, beginning on the first business day in June in the second year following their construction.

[7] All towers and stacks exceeding 25 feet in height must be made structurally sound or removed at the property owner's expense within 60 days of a written finding by Richland Township or its designate that they are not structurally sound.

[8] All towers and stacks must be removed and the site returned to a natural state, with all towers and appurtenances removed, at the owner's expense, and the use by special exception terminated within six calendar months of the discontinuance of their use as a tower or stack. The township must be notified of the abandonment of the use.

L. Group home facilities.

(1) Group home facilities are permitted in all residential districts by special exception.

(2) Group home facilities are hereby deemed as a type of residential use and not as an institutional use. The following regulations are adopted in the interest of protecting the residents of such facilities, to ensure the residential character of the structure and of the surrounding neighborhood and to prevent other types of facilities (specifically nonvoluntary and penal living arrangements) which are likely to be disruptive to the residential character of the neighborhood from being classified as group home.

(3) All group homes shall hold a valid license, specifically as a group home, from the Pennsylvania Department of Public Welfare or other governmental agency and shall meet all current department regulations, including those standards governing indoor space and applicable state and local building and fire safety codes.

(4) The residential exterior appearance of the structure shall be maintained. No external alterations, additions or changes to the exterior of the structure are permitted except as may be required by the Pennsylvania Department of Welfare or other governmental agency or whereas needed for safety reasons or to accommodate the physically handicapped.

(5) There shall be no more than one kitchen or cooking facility, and the group home facility shall consist of living space of a minimum of 250 square feet per occupant for any one facility. Meals shall be served to occupants and visitors only. No separate cooking facility is permitted for any occupant.

(6) No group home shall be located within 1,000 feet of another group home and, additionally, not more than one home shall be located on any street or roadway within Richland Township.

(7) Facilities which house persons who are likely to pose a physical threat to the community may not be deemed group homes under provisions of the chapter. Such persons include, but are not necessarily limited to, individuals who have a potentially violent behavioral disorder or disorders or who have been convicted of a violent crime or crimes or who have pleaded guilty or who have been found not guilty or culpable due to insanity or lack of mental capacity.

M. Two-family dwellings - subdivided for individual ownership. This special exception use will permit the construction of two-family dwelling structures intended and designed to be subdivided for separate ownership at the common party wall of the structure, with or without a community landowner association.

[Added 12-23-2005 by Ord. No. 302]

(1) Covenants. Covenants shall be established that run with any change in ownership of the land.

(a) Said covenants shall establish requirements for the overall structure to maintain each dwelling unit to have the same color and type of exterior finish, roof and other visible aspects of the exterior of the structure.

(b) Said covenants shall be enforceable by a community landowner association and/or by the Township.

(c) Said covenants shall provide that each subdivided lot shall be used exclusively as a lot for the existing subdivided family residence and for no other purpose. This provision shall not prevent merger of said lots for purposes permitted within the R-2 Zone.

[Added 3-3-2008 by Ord. No. 311]

(2) Setback required. A zero setback shall be required at the party wall. All other setback requirements from front, rear and side property boundaries shall be in accordance with the R-2 or R-3 Zoning District regulations, as applicable.

(3) Minimum lot area and width. The minimum overall lot area for two-family dwellings intended for separate ownership of each dwelling unit shall be in accordance with the R-2 or R-3 Zoning District regulations, as applicable.

(4) Dwelling standards. The minimum dwelling unit building area shall be in accordance with the R-2 or R-3 Zoning District regulations, as applicable.

(5) Multi-lot approval. Approval may be requested for some or all of the lots in a proposed land development as per the special exception application; provided, however, that actual subdivision of the lot cannot occur until a building permit has been issued; the footers, block and/or foundation are constructed; and all underground utilities are installed.

[Amended 3-3-2008 by Ord. No. 311]

N. Wind energy facilities.

[Added 3-3-2008 by Ord. No. 311]

(1) Definitions. As used in Subsection N, the following terms shall have the meanings indicated:

APPLICANT

The person or entity filing an application under this Subsection N.

FACILITY OWNER

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

HUB HEIGHT

The height of the wind turbine hub, to which the blade is attached.

OCCUPIED BUILDING

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

OPERATOR

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

PARTICIPATING LANDOWNER

A landowner on whose property turbines are located pursuant to a lease agreement with the facility owner or operator.

TURBINE HEIGHT

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

WIND ENERGY FACILITY

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

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.

(2) Permit applications. Along with the application for special exception, the applicant shall submit a permit application which shall contain the following:

(a) A narrative describing the proposed wind energy facility, including an overview of the project; the project location; the generating capacity of the wind energy facility; the 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.

(b) 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.

(c) 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 by located.

(d) A site plan showing the planned location of each wind turbine, property lines, setback lines, access road and turnout locations, substations(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.

(e) Documents related to decommissioning.

(f) Other relevant studies, reports, certifications and approvals as may be reasonably requested by the municipality to ensure compliance with this Subsection N.

(3) Design and installation. All proposed wind energy facilities shall comply with the following design and installation criteria:

(a) Design safety certification. 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.

(b) Uniform Construction Code. To the extent applicable, the wind energy facility shall comply with the Pennsylvania Uniform Construction Code, 34 Pa. Code § 403.1 et seq.

(c) Controls and brakes. 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.

(d) Electrical components. 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.

(e) Visual appearance; power lines.

[1] Wind turbines shall be a nonobtrusive color such as white, off-white or gray.

[2] Wind energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administrator or other applicable authority that regulates air safety.

[3] Wind turbines shall not display advertising, except for reasonable identification of the turbine manufacturer, facility owner and operator.

[4] On-site transmission and power lines between wind turbines shall, to the maximum extent practicable, be placed underground.

(f) Warnings.

[1] A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

[2] 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.

(g) Climb prevention; locks.

[1] Wind turbines shall not be climbable up to 15 feet above ground surface.

[2] All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.

(4) Setbacks. In addition to the setback requirement for a manufacturing district, the following setbacks shall apply:

(a) Occupied buildings.

[1] Wind turbines shall be set back from the nearest occupied building a distance not less than the normal setback requirements for that zoning classification or 1.1 times the turbine height, whichever is greater. The setback distance 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 nonparticipating 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.

(b) Property lines. All wind turbines shall be set back from the nearest property line a distance of not less than the normal setback requirements for that zoning classification or 1.1 times the turbine height, whichever is greater. The setback distance shall be measured to the center of the wind turbine base.

(c) Public roads. 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.

(5) Waiver of setbacks.

(a) Property owners may waive the setback requirements in Subsection N(4)(a)[2] (occupied buildings on a nonparticipating landowner's property) and Subsection N(4)(b) (property lines) by signing a waiver that sets forth the applicable setback provision(s) and the proposed changes; provided, however, that such waiver shall not affect the setback requirements for a Manufacturing District.

(b) The written waiver shall notify the property owner(s) of the setback required by this Subsection N, describe how the proposed wind energy facility is not in compliance, and state that consent is granted for the wind energy facility to not be set back as required by this Subsection N.

(c) Any such waiver shall be recorded in the Recorder of Deeds Office for the county where the property is located. The waiver shall describe the properties benefited and burdened and advise all subsequent purchasers of the burdened property that the waiver of setback shall run with the land and may forever burden the subject property.

(d) Upon application, Richland Township may waive the setback requirement for public roads for good cause.

(6) Use of public roads.

(a) The applicant shall identify all state and local public roads to be used within Richland Township to transport equipment and parts for construction, operation or maintenance of the wind energy facility.

(b) Richland Township's Engineer or a qualified third-party engineer hired by Richland Township and paid for by the applicant shall document road conditions prior to construction. The engineer shall document road conditions again 30 days after construction is complete or as weather permits.

(c) Richland Township may bond the road in compliance with state regulations.

(7) Local emergency services.

(a) The applicant shall provide a copy of the project summary and site plan to local emergency services, including paid or volunteer fire department(s).

(b) Upon request, the applicant shall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for the wind energy facility.

(8) Noise and shadow flicker.

(a) Audible sound from a wind energy facility shall not exceed 50 dBa as measured at the exterior of any nonparticipating occupied residence, school, hospital, church, public library or other building used for public gathering that existed on the date of issuance of a permit under this Subsection N. 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."

(b) The facility owner and operator shall make reasonable efforts to minimize shadow flicker to any nonparticipating occupied residence, school, hospital, church, public library or other building used for public gathering that existed on the date of issuance of a permit under this Subsection N.

(9) Waiver of noise and shadow flicker provisions.

(a) Property owners may waive the noise and shadow flicker provisions of this Subsection N by signing a knowing waiver of their rights.

(b) The written waiver shall notify the property owner(s) of the sound or flicker limits in this Subsection N, describe the impact on the property owner(s), and state that the consent is granted for the wind energy facility to not comply with the sound or flicker limit in this Subsection N.

(c) Any such waiver shall be recorded in the Recorder of Deed Office of the county where the property is located. The waiver shall describe the properties benefited and burdened and advise all subsequent purchasers of the burdened property that the waiver of sound or flicker limit shall run with the land and may forever burden the subject property.

(10) Signal interference. 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.

(11) Liability insurance. There shall be maintained a current general liability policy covering bodily injury and property damage with limits of at least $1 million per occurrence and $1 million in the aggregate. Certificates shall be made available to Richland Township upon request.

(12) Decommissioning.

(a) 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 their useful life if no electricity is generated for a continuous period of 12 months.

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

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

(d) An independent and certified professional engineer shall be retained to estimate the total cost of decommissioning ("decommissioning costs"), without regard to salvage value of the equipment, and the cost of decommissioning with the net salvage value of the equipment ("net decommissioning costs"). Said estimates shall be submitted to Richland Township after the first year of operation and every fifth year thereafter.

(e) The facility owner or operator shall post and maintain decommissioning funds in an amount equal to net decommissioning costs, provided that at no point shall decommissioning funds be less than 25% of decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or federal or commonwealth-chartered lending institution chosen by the facility owner or operator and participating landowner posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business within the commonwealth and is approved by Richland Township.

(f) Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to Richland Township.

(g) If the facility owner or operator fails to complete decommissioning within the period prescribed by Subsection N(12)(a), then the landowner shall have six months to complete decommissioning.

(h) If neither the facility owner or operator nor the landowner complete decommissioning within the periods prescribed by Subsection N(12)(a) and (g), Richland Township may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating landowner agreement to Richland Township shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns, that Richland Township may take such action as necessary to implement the decommissioning plan.

(i) The escrow agent shall release the decommissioning funds when the facility owner or Operation has demonstrated and the municipality concurs that decommissioning has been satisfactorily completed or upon written approval of the municipality in order to implement the decommissioning plan.

(13) Public inquiries and complaints.

(a) The facility owner and operator shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project.

(b) The facility owner and operator shall make reasonable efforts to respond to the public's inquiries and complaints.

(14) Remedies. Each violation of this Subsection N shall be punishable as set forth in Article XV of this chapter.