Township of Pine, PA Article V Regulations for Specified and Conditional Uses

§ 84-27 Purpose.

A. The purpose of this article is to regulate specific uses, including uses by right, uses subject to land development review, and conditional uses, because of the potential impacts to surrounding properties. These restrictions are applied to mitigate impacts, including noise, off-site parking, traffic, unsightliness, odors, dust, and fumes. The regulations promote the public health, general safety, and neighborhood character of the immediate neighborhood and the larger community.

B. The Board of Supervisors may, in approving a conditional use, waive any of the requirements imposed by this article or add additional reasonable conditions when it finds such action is deemed necessary by reason of the unique physical conditions of the particular property or by reason of the particular character of surrounding properties to implement the purpose of the Pennsylvania Municipalities Planning Code or the general purposes of this chapter.

C. For uses by right, including uses that require land development review, a variance from the Zoning Hearing Board shall be required to waive any of the requirements imposed by this article. Prior to making a determination, the Board of Supervisors and the Zoning Hearing Board shall have a recommendation from staff addressing the following:

(1) The size and intensity of such use.

(2) The capacity of adjacent and feeder streets to handle peak traffic loads and hazards created by the use as recommended by a traffic consultant.

(3) Unusual topography of the location, the nature, location and height of buildings, walls, stacks, fences, grades and landscaping on the site.

(4) The extent, nature and arrangement of parking, entrances and exits.

(5) Adequacy of fire and police protection.

(6) The availability of adequate sewer and water supply.

(7) All other standards prescribed by these regulations.

§ 84-28 Accessory uses/accessory structures.

[Amended 11-16-2009 by Ord. No. 352]

Accessory uses or structures are permitted in any zoning district in connection with any principal use lawfully existing within such district. No accessory use or accessory structure shall be established or constructed until the primary use or structure is constructed, unless evidence of compliance of such use or structure shall have first been determined.

A. When a residential use is the principal use within any zoning district, the following accessory uses or accessory structures are permitted:

[Amended 3-15-2021 by Ord. No. 393]

(1) Arbor;

(2) Barn;

(3) Boathouse;

(4) Boat dock;

(5) Detached carport;

(6) Detached private residential garage;

(7) Freestanding deck (not attached to the principal structure);

(8) Gazebo;

(9) Greenhouse;

(10) Guesthouse, which does not include kitchen facilities; provided, however, that such structures are used only for the housing or occasional housing of guests of the occupancy of the principal building and not as rental units or for permanent occupancy as dwelling or rooming units for persons other than such guests;

(11) Living quarters for employees working on the premises of a single-dwelling unit may be housed within an accessory structure, provided that all the requirements of this chapter and the Pennsylvania Uniform Construction Code are complied with;

(12) Outdoor fireplace;

(13) Picnic pavilion;

(14) Private swimming pool and/or bathhouse limited to use by the occupants of the principal structure and their guests;

(15) Solar energy systems;

(16) Sports courts which are limited to use by the occupants of the principal structure and their guests, provided that the illumination of such courts meets the limitations found elsewhere in the chapter;

(17) Springhouse/pump house;

(18) Storage, tool or utility shed;

(19) Structures for housing household pets; and

(20) Wind energy conversion systems.

B. Quantity of accessory uses or accessory structures per principal use: one each of any of the accessory uses or accessory structures, Subsection A(1) through (20) above, may be permitted on a single lot containing a residential use, except that one additional picnic pavilion or storage, tool or utility shed may be located on a single lot for each five acres of land within such single existing lot.

C. Required yards.

(1) Accessory structures shall not be erected and accessory uses may not be conducted within accessory structures which have been erected, altered, enlarged, or maintained in required front yards.

(2) Detached accessory structures may be erected within the required side or rear yards, provided that such an accessory structure is not located closer than 20 feet to the rear lot line or 10 feet to the side lot line, except that accessory structures used for agricultural uses shall conform to the requirements of § 84-30 of this chapter.

(3) Swimming pools or accessory pool structures thereto shall not be located closer than 20 feet to any lot lines of the lot on which the principal structure is located.

[Amended 8-5-2013 by Ord. No. 366]

D. Not authorized as accessory uses and/or accessory structures.

(1) Adult-oriented establishments shall not be considered accessory uses or uses permissible within accessory structures and shall be allowed only as a conditional use, subject to the specific provisions and requirements of § 84-29 of this chapter.

(2) Alcohol rehabilitation clinics shall not be considered accessory uses or uses permissible within accessory structures and shall be allowed only as a conditional use, subject to the specific provisions and requirements of § 84-31 of this chapter.

(3) Communications facilities, communications towers, telecommunications equipment buildings, pole-mounted/shared use communications facilities and collocation/shared use communications facilities shall not be considered accessory structures or accessory uses and shall be allowed only as a conditional use, subject to the specific provisions and requirements of § 84-42 of this chapter.

(4) Kennels (outdoor or indoor) shall not be considered accessory structures or accessory uses and shall be allowed only subject to the specific applicable provisions and requirements regarding kennels (outdoor or indoor) otherwise respectively set forth in this chapter.

(5) Methadone treatment facilities shall not be considered accessory structures or accessory uses and shall be allowed only as a conditional use, subject to the specific provisions and requirements of § 84-62 of this chapter.

(6) Mobile home parks shall not be considered accessory structures or accessory uses and shall be allowed only as a conditional use, subject to the specific provisions and requirements of § 84-64 of this chapter.

(7) Natural gas compressor stations, natural gas processing plants, and oil and gas development shall not be considered accessory structures or accessory uses and shall be allowed only as a conditional use, subject to the specific provisions and requirements of § 84-70.1 of this chapter.

[Added 3-15-2021 by Ord. No. 393[1]]

[1] Editor's Note: This ordinance also renumbered former Subsection D(7) as Subsection D(8).

(8) Outdoor advertising signs shall not be considered accessory uses or accessory structures and shall be allowed only as a conditional use, subject to the specific provisions and requirements of § 84-71 of this chapter.

E. If an accessory structure or building is attached to the principal structure, then it shall be considered part of the principal structure and shall be subject to all requirements relating to the principal structure. Detached accessory structures shall maintain a separation of at least 10 feet from the principal structure, and such detached accessory structures shall not exceed the gross square footage footprint of the principal structure.

F. Not considered an accessory use and/or accessory structure. The following, when associated with a residential use, shall not be considered an accessory use or accessory structure:

(1) Dish antenna of one meter or less in diameter;

(2) Fences, walls, and hedges six feet in height or less;

(3) Handicapped ramps, provided the ramp does not obstruct access to otherwise required parking;

(4) Piers or the like used as entrance features or mailbox supports;

(5) No-impact home based business; however such are subject to the additional requirements for specified conditional uses in § 84-67 of this chapter; and

(6) Water features.

G. For nonresidential uses in the B-1, C-1 and C-2 Zoning Districts, the following accessory uses or structures are allowed with conditional use approval:

(1) Detached garage;

(2) Decks, patios, terraces, and other outdoor areas used for sealing or dining associated with a permitted nonresidential use, so long as the deck, patio, terrace, or other outdoor area is no greater than 25%. of the area of the permitted indoor area (unless such area was approved as a part of a Land Development approval);

(3) Dish antenna of two meters or greater in diameter;

(4) Parish houses when associated with a place of worship; and

(5) Temporary outdoor display of retail merchandise.

H. For nonresidential uses in the B-1, C-1 and C-2 Zoning Districts, the following are not considered accessory uses/structures, but are required to comply with the requirements of the Code of the Township of Pine:

(1) Vending machines; provided, however, that the vending machine(s) shall not be located within any required setback area and, also, shall not located within 150 feet of any residential zoning district nor face any residential zoning district (or interfere with any sidewalk or walkway area), and be limited to only one vending machine for each product type per principal building or use;

(2) Dish antennas of two meters or less in diameter;

(3) Fences, walls, and hedges six feet in height or less;

(4) Fire escapes, but only when attached to that portion of the structure bordering on the side or rear yard;

(5) Solar energy systems;

(6) Walk-up service windows facing any public right-of-way when accessory to a permitted commercial use; and

(7) Wind energy conversion systems, subject to land development review and approval.

§ 84-29 Adult-oriented establishments.

An adult-oriented establishment may be authorized by the Board of Supervisors upon a finding that compliance with Chapter 90, the requirements of this chapter, as well as the following criteria, have been established by the applicant.

A. Location.

(1) There shall only be one adult-oriented business permitted on a single lot or parcel.

(2) Adult-oriented business shall be allowed in the C-1 District only.

(3) No adult-oriented establishment shall be located within 100 feet from any land or lot in the following Township of Pine zoning districts: E-1, S-1, R-1, R-2, R-3 or from any parcel of land or lot used principally as a residential use, whether situate in the Township of Pine or otherwise.

(4) The use as an adult-oriented establishment shall not create an enticement for minors because of its proximity to nearby uses where minors may congregate.

(5) An adult-oriented establishment shall be located only in buildings that have their main entrance facing upon Route 19 and such entrance shall be the entrance used for the adult-oriented business.

B. Measuring separation requirements.

(1) The separation requirements in this subsection shall be measured from the lot line of an adult-oriented business to the lot line of a protected land use or other adult-oriented business listed.

(2) Where a multitenant facility such as a shopping center is involved, measurement shall occur from the boundary of the leasehold interest instead of the property line.

(3) The distance between any two adult-oriented establishments shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of each such establishment.

(4) The distance between any adult-oriented establishment and the protected land uses in this section shall be measured in a straight line without regard to intervening structures from the closest point on the exterior parcel line of each such establishment to the closest point on the exterior parcel of the protected land use.

C. Separation requirement.

(1) An adult-oriented establishment shall not be permitted to locate within 1,500 feet of any other adult-oriented establishment whether such other adult-oriented establishment is situate in the Township of Pine or otherwise.

(2) No adult-oriented establishment shall be located within 600 feet of any parcel of land or lot, situate in the Township of Pine or otherwise, which contains any one or more of the following specified protected land uses:

(a) Civic club;

(b) College;

(c) Day-care center;

(d) Drive-in theater;

(e) Entertainment facility;

(f) Indoor theater;

(g) Park;

(h) Place of worship;

(i) Public and semipublic uses;

(j) Public or private school;

(k) Recreation facility;

(l) Trade school.

D. Hours of operation. An adult-oriented establishment may be open for business Monday through Saturday from 10:00 a.m. to 12:00 midnight. No adult-oriented establishment shall be open at any times on Sunday or on a legal holiday as per the Act of May 31, 1893, P.L. 188, § 1, as amended, 44 P.S. § 11.

E. Display of materials.

(1) No materials or merchandise of any kind offered for sale, rent, lease or loan or for view upon the premises of an adult-oriented establishment shall be exhibited or displayed outside of a building or structure.

(2) Any building or structure used or occupied as an adult-oriented establishment shall be windowless or have an opaque covering over all windows or doors of any area in which materials, merchandise or film is exhibited or displayed and no materials or merchandise of any kind shall be visible from outside of the building or structure.

F. Signage.

(1) Each entrance of an adult-oriented establishment shall be posted with a conspicuous written notice specifying that persons under the age of 18 are not permitted to enter and warning all other persons that they may be offended upon entry.

(2) An adult-oriented business shall have no more than one wall sign.

(3) The sign shall conform to the provisions of § 84-121, but shall contain no photographs, silhouettes, drawings or pictorial representations of any manner and may contain only the following:

(a) The name of the establishment and/or one or more of the following phrases:

[1] Adult bookstore;

[2] Adult movie theater;

[3] Adult encounter parlor;

[4] Adult cabaret;

[5] Adult lounge;

[6] Adult novelties;

[7] Adult entertainment;

[8] Adult modeling studio.

(b) The wall sign for adult movie theaters may contain the additional phrase "movie titles posted inside premises."

(c) Each letter forming a word on a wall sign shall be a solid color and each such letter shall be the same print type, size, and color. The background behind such letter on the display surface of the wall sign shall be a uniform, solid color.

§ 84-30 Agricultural uses.

Agricultural uses in the E-1, S-1, or any R District shall be subject to the following requirements:

A. Lot area.

(1) Unless otherwise specified, agricultural uses include all standard agricultural practices, provided that the lot area shall be not less than five acres. Agricultural uses shall include farm buildings and structures, greenhouses and roadside stands for the sale of products raised on the lot.

(2) Horses, ponies, cattle, goats, and any grazing animal shall not be kept, stabled or corralled on any lot less than five acres.

(3) Fowl shall not be permitted on any lot less than five acres.

(4) For commercial hog raising, the minimum lot area shall be not less than 50 acres, and the hog-raising use shall not be conducted closer than 500 feet to any adjacent lot line.

B. Side yard. Farm buildings and structures (other than dwellings), greenhouses and accessory structures shall not be erected closer than 50 feet to any adjacent lot line nor closer than 100 feet to a street right-of-way line.

§ 84-31 Alcohol rehabilitation clinic.

An alcohol rehabilitation clinic may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant.

A. Alcohol rehabilitation clinics shall have frontage on and direct access to an arterial or connector road.

B. The site shall be served by public water and public sewer.

C. No alcohol rehabilitation clinic may be operated within 500 feet of a residential zoning district.

D. A buffer yard shall be provided in accordance with § 84-111.

E. All alcohol rehabilitation clinics shall be licensed by the Commonwealth of Pennsylvania.

§ 84-32 Animal day care.

Animal day care shall be subject to the following requirements:

A. All animal day care shall comply with the appropriate health regulations prior to the issuance of any permit.

B. No outdoor area for the use of animals shall be permitted.

§ 84-33 Animal hospitals.

Animal hospitals may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant.

A. All animal hospitals shall comply with the appropriate health regulations prior to the issuance of any permit.

B. No outdoor area for the use of animals shall be permitted.

§ 84-34 Automotive dealerships, new and used.

Automotive dealerships, new and used, may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant:

A. The minimum site area shall be two acres.

B. No such use shall be located within 50 feet of any residential district boundary line.

C. No vehicle or other merchandise displayed outdoors shall be closer than five feet to any property line, buffer yard or right-of-way line. No vehicle shall be parked on adjacent property or in any public right-of-way, and adequate spacing of vehicles and merchandise shall be maintained to allow access around vehicles and merchandise.

D. The site shall have frontage on and direct vehicular access to an arterial or collector street.

E. All lots used for the outdoor display of automobiles shall have a completely enclosed building on the same lot which has not less than 2,000 square feet of gross floor area where all repairs, servicing, sales and customer car washing shall be performed.

F. Storage.

(1) Outdoor vehicle storage shall be surfaced with an asphalt or portland cement binder pavement providing an all-weather, durable and dustless surface and shall be graded and drained to dispose of surface water accumulation by means of a positive stormwater drainage system.

(2) Customer vehicles with external damage awaiting repairs shall be stored either inside a building or in an outdoor area, which is screened by a six-foot hedge or opaque fence.

(3) All permanent storage of material, merchandise and equipment shall be within the principal building, with the exception of refuse and trash which shall be stored in closed containers and in an area screened from view at all points on any public or private property or street when viewed from ground level.

G. Landscaping.

(1) A buffer yard shall be provided along all boundary lines.

(2) Such buffer yard shall be in conformity with the standards for the same set in § 84-111 of this chapter.

(3) The buffer yard shall be along abutting property to block any view of repair operations and stored material and equipment from all points on such property when viewed from ground level.

(4) Landscaping areas shall be a minimum of 10 feet in width along all street frontage(s) and adjacent properties.

H. All required off-street parking spaces shall be reserved exclusively for the parking of customer and employee vehicles and shall not be used for the display of merchandise.

I. No strings of lights or flags, flashers or other display paraphernalia shall be permitted on the lot, on any of the structures or poles or on merchandise displayed outdoors, except for such signs as may be otherwise allowed by this chapter.

J. Repairs.

(1) All repairs shall occur in an entirely enclosed building.

(2) No vehicle shall be displayed or offered for sale which does not have all of the mechanical and body components necessary for the safe and lawful operation thereof on the streets and highways of the Commonwealth of Pennsylvania.

§ 84-35 Bed-and-breakfast establishments.

Bed-and-breakfast establishments may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant.

A. The owner/operator of shall live on premises of the bed-and-breakfast establishment.

B. No alteration to either the exterior or the interior of any principal or accessory structure shall be made which changes the character and appearance of the residential premises.

C. No sign, other than one unlit address sign, not more than two square feet in area, shall be permitted.

D. The bed-and-breakfast establishment shall obtain and maintain licenses from the appropriate state and county agencies.

E. The maximum number of overnight guests shall not exceed two per bedroom. In no case, shall more than a total of eight guests be permitted in each bed-and-breakfast establishment.

F. Guest parking shall include one off-street parking space for each bedroom as outlined in § 84-116. Off-street parking shall not be located in any minimum required front yard or be located a minimum of 10 feet from any property line and shall be screened by a six-foot compact hedge or opaque fence.

G. Meals shall be served to overnight guests only.

H. No events, meetings or other activities for people who are not overnight guests shall be permitted.

§ 84-36 Car washes.

Car washes shall be subject to the following requirements:

A. All machine washing and machine drying operations shall be conducted within a building.

B. The building exit for automobiles that have completed the washing and machine drying process shall be set back a minimum of 50 feet from the nearest point of any street property line.

C. No washing, vacuuming, steam cleaning, waxing, polishing or machine drying operation, and no building within which such operations are conducted, shall be permitted within 100 feet of any residential district.

D. All lot lines abutting or adjacent to residential districts or uses shall be screened by a solid masonry wall or fence not less than four feet or more than six feet in height.

E. Front yards shall be landscaped subject to the requirements applying to all districts in § 84-111.

F. All entrance and exit lanes and parking areas shall be surfaced with an asphalt or portland cement binder pavement so as to provide a durable and dustless surface, and shall be so graded and drained as to dispose of all surface water accumulation.

G. Queuing lane(s) for each bay shall be provided subject to the requirements applying to all districts in § 84-117.

H. All car washes shall connect to public sewers.

§ 84-37 Carriage homes.

Carriage homes, where permitted as a conditional use, may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant.

A. A carriage home development must be a minimum of five acres.

[Amended 11-16-2009 by Ord. No. 352]

B. A carriage home development shall have a maximum density of no greater than six such units per acre.

[Amended 11-16-2009 by Ord. No. 352]

C. There shall be no more than four carriage home units in any structure.

D. Common open space.

(1) A minimum of 15% of the land area of the development site shall be designated as common open space. The calculation of such common open space shall specifically not include streets, parking, rights-of-way, detention ponds, or access to detention ponds. Any land lying within 15 feet of any building shall also not be considered part of the required common open space.

(2) The common open space shall be developed and maintained subject to the standards set forth in § 84-119 of this chapter and shall contain the park and recreation facilities mandated therein.

E. Each carriage home unit shall have an attached garage of sufficient size to accommodate two vehicles.

§ 84-38 Cemeteries.

Cemeteries shall be subject to the following requirements.

A. No gravesite shall placed where wetlands exist or are suspected.

B. No crematoriums shall be operated within 1,000 feet of a residential dwelling.

C. If a gravesite causes the removal of a tree of significance, the cemetery is responsible for mitigation as outlined in § 78-48 of the Township of Pine Code.

§ 84-39 Civic clubs.

Civic clubs, where permitted as a conditional use, may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant:

A. The minimum site required shall be one acre.

B. Any outdoor recreation area adjoining a residential use or zoning district shall be screened by a buffer yard, which shall be in conformity with the provisions set forth in § 84-111 of this chapter.

C. Any outdoor storage of materials or equipment or other activity, which is required to be done outdoors, such as composting, chipping or recycling, shall be screened from adjoining residential properties by a six-foot opaque fence and by a buffer yard.

D. All other activities and operations shall be conducted within a completely enclosed building.

E. Ingress and egress shall be designed to maximize sight distance along adjacent public streets.

§ 84-40 College.

A college, where permitted as a conditional use, may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant:

A. The site shall have frontage on and direct vehicular access to an arterial or collector street.

B. Ingress, egress, and internal traffic circulation shall be designed to minimize hazards and congestion and provide for adequate emergency vehicle access.

C. A buffer yard shall be provided in accordance with the requirements of § 84-111 of this chapter and along all property lines that adjoin residential uses or districts.

D. Outdoor recreation facilities shall be located a minimum of 300 feet from any property line adjoining a single-family dwelling.

§ 84-41 Commercial or public parking garage or lot.

A commercial or public garage or lot may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant:

A. Commercial or public parking garage or lot shall be used exclusively for parking of passenger vehicles.

B. Commercial or public parking garages or lots shall be equipped and controlled to discourage illegal parking, vandalism, and other unlawful or nuisance-creating activities. When so equipped and controlled, such lots and garages may be open 24 hours a day.

C. No commercial repair work or services of any kind shall be conducted in any commercial or public parking garages or lots.

D. No sign of any kind other than designating entrances, exits and conditions of use shall be maintained on any commercial or public parking garages or lots.

§ 84-42 Wireless communications facilities.

[Amended 2-2-2015 by Ord. No. 373; 3-15-2021 by Ord. No. 393]

A. Purposes and findings of fact.

(1) The purpose of this section is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in the Township of Pine (also referred to herein as the "Township"). While the Township recognizes the importance of wireless communications facilities in providing high-quality communications service to its residents and businesses, the Township also recognizes that it has an obligation to protect public safety and to minimize the adverse visual effects of such facilities through the standards set forth in the following provisions.

(2) By enacting these provisions, the Township intends to:

(a) Accommodate the need for wireless communications facilities while regulating their location and number so as to ensure the provision for necessary services;

(b) Provide for the managed development of wireless communications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of both Township residents and wireless carriers in accordance with federal and state laws and regulations;

(c) Establish procedures for the design, siting, construction, installation, maintenance and removal of both tower-based and non-tower-based wireless communications facilities and small wireless facilities in the Township, including facilities both inside and outside the public rights-of-way;

(d) Address new wireless technologies, including, but not limited to, small wireless facilities, distributed antenna systems, data collection units, cable Wi-Fi and other wireless communications facilities;

(e) Minimize the adverse visual effects and the number of such facilities through proper design, siting, screening, material, color and finish and by requiring that competing providers of wireless communications services co-locate their commercial communications antennas and related facilities on existing towers;

(f) Ensure the structural integrity of commercial communications antenna support structures through compliance with applicable industry standards and regulations; and

(g) Promote the health, safety and welfare of the Township's residents.

B. General and specific requirements for nontower wireless communications facilities (nontower WCFs) outside the public rights-of-way.

(1) All applicants seeking to construct, erect, or relocate a nontower WCF outside the public rights-of-way shall comply with the following regulations. A written narrative that addresses how the applicant will meet each of the regulations listed below shall be submitted with a conditional use application, unless the proposed facility falls under the provisions of the Pennsylvania Wireless Broadband Co-location Act.[1]

[1] Editor's Note: See 53 P.S. § 11702.1 et seq.

(2) Conditional use application. A conditional use application shall be completed by any applicant desiring to place a nontower WCF outside the public ROW onto a wireless support structure that does not already hold a nontower WCF. The application shall be submitted to the Township and shall demonstrate that the proposed facility meets all of the following specifications:

(a) Location. Nontower WCF outside the public ROW are permitted in all zones subject to the restrictions and conditions prescribed below and subject to the prior written approval of the Township.

(b) Prohibited on certain structures. Nontower WCF shall not be located on single-family detached residences, single-family attached residences, or any residential accessory structure.

(c) Historic buildings. No nontower WCF may be located on a building or structure in an historic district that is listed on either the National or Pennsylvania Registers of Historic Places, or is eligible to be so listed, or is listed on the official historic structures and/or historic districts list maintained by the Township, or has been designated by the Township to be of historical significance.

(d) Nontower WCF shall be located on existing structures, subject to the following conditions:

[1] The installation of such nontower WCF does not cause the underlying support structure to exceed the maximum height permitted in the underlying zoning district by more than 20 feet.

[2] Nontower WCF applicants must submit documentation to the Township justifying the physical dimensions of the antenna and any accompanying related equipment. Such documentation shall be analyzed on an individual basis.

[3] Nontower WCF shall employ stealth technology and be treated to match the supporting structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the applicant shall be subject to the written standards promulgated by the Township and the approval of the Township.

[4] If the applicant proposes to locate the related equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district. A security fence of a minimum height of six feet shall surround any separate communications building and the proposed site and building shall comply with the applicable standards contained in Chapter 78 of the Code of the Township of Pine.

[5] The nontower WCF applicant shall present documentation to the Township that the owner of the property has granted an easement for the proposed WCF and that vehicular access will be provided to the facility.

(e) Noncommercial usage exemption. Township citizens utilizing satellite dishes and antennae for the purpose of maintaining television, phone, and/or internet connections at their respective residences for their personal, private use shall be exempt from the provisions of this § 84-42.

(f) Public safety communications. The applicant shall submit proof that the proposed antenna will not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

(3) Relocation or removal.

(a) The removal and replacement of nontower WCF and/or accessory equipment for the purpose of upgrading or repairing the antenna is permitted, so long as such repair or upgrade does not increase the overall size of the support structure or number of nontower WCF.

(b) Any material modification to a nontower WCF shall require a prior amendment to the original permit authorization.

(4) Financial security. Prior to receipt of any permit or approval for the construction or placement of a nontower WCF, the applicant shall provide to the Township financial security sufficient to guarantee the removal of the proposed antenna. Said financial security shall remain in place until the antenna is removed.

(5) Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the nontower WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this § 84-42. The applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.

(6) Inspection. The Township reserves the right to inspect any nontower WCF, its underlying support structure, as well as any related equipment, in order to ensure compliance with the provisions of this § 84-42 and any other provisions found within the Code of the Township of Pine, or applicable law. The Township and/or its agents shall have the authority to enter the property upon which a communications antenna is located at any time, upon reasonable notice to the operator, to ensure such compliance.

(7) Aviation safety. Nontower WCF shall comply with all federal and state laws and regulations concerning aviation safety.

(8) Maintenance. All nontower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair. Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents. All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

(9) Standard of care. Any nontower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the ANSI Code, National Electrical Safety Code, and National Electrical Code. Nontower WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

(10) Wind. Any nontower WCF shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222-E Code, as amended).

(11) Radio frequency emissions. No nontower WCF may, by itself or in conjunction with other nontower WCF, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

(12) Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a nontower WCF, as well as related costs. In the case that a co-location falls under the Pennsylvania Wireless Broadband Collocation Act,[2] the permit fees shall not exceed $1,000.

[2] Editor's Note: See 53 P.S. § 11702.1 et seq.

(13) Abandonment and removal. In the event that use of a commercial communications antenna is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned nontower WCF or shall be removed as follows:

(a) All abandoned or unused nontower WCF and accessory facilities shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the Township.

(b) If the antenna is not removed within two months of the cessation of operations at a site, or within any longer period approved by the Township, the antenna and any related equipment may be removed by the Township and the cost of removal assessed against the owner of the antenna.

(14) Insurance. Each person or entity that owns or operates a commercial communications antenna shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the commercial communications antenna. Such coverages shall be continuously maintained during the period that such commercial communications antenna is in place and the certificate of insurance shall provide that the Township shall be given written notification at least 30 days in advance of the expiration or cancellation of such coverages.

(15) Indemnification. Each person or entity that owns or operates a nontower WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the nontower WCF. Each person or entity that owns or operates a commercial communications antenna shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a nontower WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

(16) Co-locations and modifications that fall within the provisions of the Pennsylvania Wireless Broadband Collocation Act.[3]

(a) The Pennsylvania Wireless Broadband Collocation Act applies to applications for modification, replacement and collocation that meet all of the following requirements:

[1] The proposed collocation, modification or replacement may not substantially change the physical dimensions of the wireless support structure to which the wireless telecommunications facilities are to be attached.

[2] The proposed collocation, modification or replacement may not further increase the height of a wireless support structure which had already been extended by more than 10% of its originally approved height or by the height of one additional antenna array, provided, however, that nothing herein shall preclude an applicant from further increasing the height of a wireless support structure which had already been extended by more than 10% of its originally approved height or by the height of one additional antenna array if permitted and approved by the municipality.

[3] The proposed collocation, modification or replacement may not increase the dimensions of the equipment compound approved by the municipality.

[4] The proposed collocation, modification or replacement complies with applicable conditions of approval applied to the initial wireless telecommunications facilities, equipment compound and wireless support structure.

[5] The proposed collocation, modification or replacement may not exceed the applicable wind loading and structural loading requirements for the wireless support structure.

(b) An application for replacement, collocation or modification of a wireless telecommunications facility or wireless support structure entitled to processing under this section shall be reviewed for conformance with the Township's applicable building permit requirements, including requirements applicable to the added structural loading of the proposed antennas and accessory equipment, but shall not be subject to the issuance of new zoning or land use approvals or review beyond the initial zoning or land use approvals issued for the previously approved wireless support structure or wireless telecommunications facility. Replacement of wireless telecommunications facilities 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.

(c) Section 84-42B(1) through (3) shall not apply to facilities which are governed by the Pennsylvania Wireless Broadband Collocation Act.[4] To the extent permitted by law, the remaining provisions in § 84-42B(4) through (16) shall apply to co-location applicants desiring to place new nontower WCF on existing wireless communications facilities, as well as those applicants desiring to modify existing facilities. Any applicant proposing the co-location or modification of a nontower WCF shall submit a building permit application to the Township.

[4] Editor's Note: See 53 P.S. § 11702.1 et seq.

(d) Timing. Within 30 calendar days of the date that an application for a commercial communications antenna is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's ninety-day review period.

[3] Editor's Note: See 53 P.S. § 11702.1 et seq.

C. General and specific requirements for all tower-based wireless communications facilities located outside the public rights-of-way.

(1) All applicants seeking to construct, erect, or relocate a tower-based WCF in the public rights-of-way shall comply with the following regulations.

(a) Standard of care. Any tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

(b) Notice. Upon submission of an application for a tower-based WCF and the scheduling of the public hearing upon the application, the WCF applicant shall mail written notice in advance thereof (via certified U.S. mail/return receipt requested) to all owners of every property within 500 feet of the proposed facility. The WCF applicant shall provide proof of the notification to the Township.

(c) Conditional use authorization required. Tower-based WCFs are permitted in certain zoning districts by conditional use and at a minimum functional height. No WCF applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The WCF applicant shall demonstrate that the proposed antenna/tower/pole for the tower-based WCF is the minimum functional height.

[1] Prior to the Township's approval of a conditional use authorizing the construction and installation of tower-based WCF, it shall be incumbent upon the WCF applicant for such conditional use approval to prove to the reasonable satisfaction of the Township's Board of Supervisors that the WCF applicant cannot adequately extend or infill its communications system by the use of equipment such as redoes, repeaters, antenna(s) and other similar equipment installed on existing structures, such as utility poles or their appurtenances and other available tall structures. The WCF applicant shall further demonstrate that the proposed tower-based WCF must be located where it is proposed in order to serve the WCF applicant's service area and that no other viable alternative location exists.

[2] The conditional use application shall be accompanied by a propagation study and all supporting data evidencing the need for the proposed tower or other communication facilities and equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.

[3] The conditional use application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all state and federal laws and regulations concerning aviation safety.

[4] The conditional use application shall be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all applicable standards in this section.

[5] Where the tower-based WCF is located on a property with another principal use, the WCF applicant shall present documentation to the Township that the owner of the property has granted an easement for the proposed WCF and that vehicular access will be provided to the facility.

(d) Engineer inspection. Prior to the Township's issuance of a permit authorizing construction and erection of a tower-based WCF, a structural engineer registered in Pennsylvania shall issue to the Township a written certification of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during the conditional hearings or at a minimum be made as a condition attached to any approval given such that the certification be provided prior to issuance of any building permits.

(e) Visual appearance and land use compatibility. Tower-based WCF shall comply with the Township's written aesthetic standards. In the absence of such standards, tower-based WCF shall employ stealth technology which may include the tower portion to be painted silver or another color approved by the Township, or shall have a galvanized finish. All tower-based WCF and related equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. Towers requiring guy wires as a part of the tower construction are prohibited in the Township of Pine. The Township's Board of Supervisors shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.

(f) Co-location and siting. An application for a new tower-based WCF shall not be approved unless the applicant demonstrates and the Township's Board of Supervisors finds that the wireless communications equipment planned for the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building. The Township's Board of Supervisors may deny an application to construct a new tower-based WCF if the WCF applicant has not made a good faith effort to mount the commercial communications antenna(s) on an existing structure. The WCF applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within 1/4 mile radius of the site proposed, sought permission to install an antenna on those structures, buildings, and towers and was denied for one or more of the following reasons:

[1] The proposed antenna and related equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.

[2] The proposed antenna and related equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower and the interference cannot be prevented at a reasonable cost.

[3] Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.

[4] A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.

(g) Permit required for modifications. To the extent permissible under applicable state and federal law, any WCF applicant proposing the modification of an existing tower-based WCF, which increases the overall height of such WCF, shall first obtain a permit from the Township. Nonroutine modifications shall be prohibited without a permit.

(h) Gap in coverage. A WCF applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage.

(i) Additional nontower WCF. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate nontower WCF on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional nontower WCF without obtaining the prior written approval of the Township.

(j) Wind. All tower-based WCF shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222-E, as amended).

(k) Site plan. A site plan shall be provided with the application for all tower-based WCFs, showing all existing and proposed structures and improvements, including but not limited to antenna and related support structures, building, fencing, lighting, buffering and ingress and egress.

(l) Height. Any tower-based WCF shall be designed at the minimum functional height. The maximum total height of a tower-based WCF which is not located in the public ROW, shall not exceed 150 feet, as measured vertically from the ground level to the highest point on the structure, including lightning rods, nontower WCF and subsequent alterations. Should the WCF applicant prove that another provider of wireless communications services has agreed to co-locate nontower WCF on the WCF applicant's tower-based WCF and requires a greater tower height to provide satisfactory service for wireless communications than is required by the WCF applicant, the total height of such tower-based WCF shall not exceed 150 feet, unless the WCF applicant secures a waiver from the Township's Board of Supervisors which may be given at the Board's sole reasonable discretion.

(m) Related equipment. Either one single-story wireless communications equipment building not exceeding 500 square feet in area or up to five metal boxes placed on a concrete pad not exceeding 10 feet by 20 feet in area housing the receiving and transmitting equipment may be located on the site for each unrelated company sharing commercial communications antenna(s) space on the tower-based wireless communications facility. Landscaping shall be provided along the perimeter of the tower base and transmitting equipment area to provide a visual screen or buffer for adjoining private properties and the public right-of-way.

(n) Public safety communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

(o) Maintenance. The following maintenance requirements shall apply:

[1] Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

[2] Such maintenance shall be performed to ensure the upkeep of the WCF in order to promote the safety and security of the Township's residents, and utilize the best available technology for preventing failures and accidents.

(p) Radio frequency emissions. Tower-based WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended and updated.

(q) Historic buildings or districts. Tower-based WCF shall not be located upon a property, and/or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures and/or historic districts list maintained by the Township.

(r) Signs. All tower-based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency.

(s) Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Township.

(t) Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Code of the Township of Pine, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

(u) Aviation safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

(v) Retention of experts. The Township may hire any consultant and/or expert necessary to assist the Township in reviewing and evaluating the application for approval of the tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these provisions. The WCF applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.

(w) Timing of approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Township, the Township shall notify the WCF applicant in writing of any information that may be required to complete such application. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF and the Township shall advise the WCF applicant in writing of its decision. If additional information was requested by the Township to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the 150-day review period. Tower-based WCF's constituting small wireless communications facilities (SWCF) shall be subject to the timelines set forth in § 84-42D.

(x) Nonconforming uses. Nonconforming tower-based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of this section.

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

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

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

[3] Any unused portions of tower-based WCFs, including nontower WCF, shall be removed within six months of the time of cessation of operations. The Township must approve all replacements of portions of a tower-based WCF previously removed.

(z) Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a tower-based WCF, as well as associated inspection, monitoring, and related costs.

(aa) FCC license. Each person or entity that owns or operates a tower-based WCF shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.

(bb) Reservation of rights. In accordance with applicable law, the Township reserves the right to deny an application for the construction or placement of any tower-based WCF for numerous factors, including but are not limited to, visual impact, design, and safety standards.

(cc) Insurance. Each person or entity that owns or operates a tower-based WCF greater than 40 feet in height shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF. Each person or entity that owns or operates a tower-based WCF 40 feet or less in height shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each tower-based WCF. All such coverages shall be continuously maintained during the period that such tower-based WCF is in place and the certificate of insurance shall provide that the Township shall be given written notification at least 30 days in advance of the expiration or cancellation of such coverages.

(dd) Indemnification. Each person or entity that owns or operates a tower-based WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the tower-based WCF. Each person or entity that owns or operates a tower-based WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of tower-based WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

(ee) Engineer signature. All plans and drawings for a tower-based WCF shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.

(ff) Financial security. Prior to receipt of a zoning permit for the construction or placement of a tower-based WCF, the WCF applicant shall provide to the Township and thereafter maintain financial security sufficient to guarantee the removal of the tower-based WCF. Said financial security shall remain in place until the tower-based WCF is removed.

(gg) Development regulations:

[1] Tower-based WCF that are 50 feet in height or less are permitted outside the public rights-of-way in the following zoning districts by conditional use:

[a] C-1 Community Service Center District.

[b] C-2 Planned Transition District.

[c] B-1 Rural Business District.

[d] All districts with existing public or semipublic uses on parcels 10 acres or greater in area.

[2] Tower-based WCFs that are greater than 50 feet in height are permitted outside the public rights-of-way in the following zoning districts by conditional use:

[a] C-1 Community Service Center District.

[b] C-2 Planned Transition District.

[c] B-1 Rural Business District.

[3] Sole use on a lot. A tower-based WCF shall be permitted as a sole use on a lot, provided that the underlying lot is a minimum of 6,000 square feet. The lot shall meet the minimum lot area of the district in which it is located. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 115% of the proposed WCF structure height or the minimum required setbacks for the district, whichever is greater.

[4] Combined with another use. A tower-based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:

[a] The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the WCF.

[b] Minimum lot area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based WCF, the equipment building, security fence, and buffer planting if the proposed WCF is greater than 50 feet in height.

[c] Minimum setbacks. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 115% of the proposed WCF structure height or the minimum required set-backs for the district, whichever is greater. Where the site on which a tower-based WCF is proposed to be located is contiguous to an educational use, child day-care facility or residential use, the minimum distance between the base of a tower-based WCF and any such adjoining uses shall equal 125% of the proposed height of the tower-based WCF.

(hh) Design regulations.

[1] The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. Application of the stealth technology chosen by the WCF applicant shall be subject to the written standards promulgated by the Township and the approval of the Township.

[2] To the extent permissible by law, any height extensions to an existing tower-based WCF shall require prior approval of the Township.

[3] Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's nontower WCF and comparable nontower WCF for future users.

[4] Any tower-based WCF over 50 feet in height shall be equipped with an anticlimbing device, as approved by the manufacturer.

[5] WCF requiring guy wires as a part of the WCF construction are prohibited in the Township of Pine.

(ii) Surrounding environs.

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

[2] The WCF applicant shall submit a soil report to the Township complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA-222-E, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.

(jj) Fence/screen.

[1] A security fence having a minimum height of six feet and a maximum height of eight feet shall completely surround any tower-based WCF greater than 50 feet in height, as well as guy wires, or any building housing WCF equipment.

[2] Landscaping shall be required to screen as much of a newly constructed tower-based WCF as possible and shall be completed in accordance with the provisions of Chapter 78 of the Code of the Township of Pine. The Township may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if, in the determination of the Township's Board of Supervisors, they achieve the same degree of screening. Existing vegetation shall be preserved to the maximum extent possible.

(kk) Accessory equipment.

[1] Ground-mounted related equipment associated to, or connected with, a tower-based WCF shall be placed underground or screened from public view using stealth technologies, as described above.

[2] All related equipment, utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.

(ll) Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility.

(mm) Parking. For each tower-based WCF greater than 50 feet in height, there shall be two off-street parking spaces provided.

(nn) Inspection. The Township reserves the right to inspect any tower- based WCF to ensure compliance with the provisions of this chapter and any other provisions found within the Code of the Township of Pine or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

D. General and specific requirements for small wireless communications facilities (SWCF) located in the public rights-of-way.

(1) Only small wireless communications facilities (SWCF), tower-based or non-tower-based, are permitted in the public rights-of-way.

(2) SWCF shall be a permitted use in every Township Zoning District if they are located in the public rights-of-way and comply with the following regulations.

(3) SWCF and related equipment shall not be located in areas exclusively served by underground utilities.

(4) SWCF and related equipment shall not be located within the front facade area of any structure.

(5) SWCF and related equipment shall not be located within 300 feet of an existing SWCF.

(6) SWCF shall be located on existing poles, such as existing utility, traffic signal or light poles. If the applicant demonstrates the use of an existing utility, traffic signal or light pole is not technologically feasible, the applicant shall locate its SWCF on a new utility or light pole compatible in design, scale and proportion to any existing utility, traffic signal or light pole located within 150 feet of the proposed placement.

(7) SWCF antennae installations in the public ROW, including, but not limited to, those on streetlights, traffic signal and joint utility poles, shall not include any equipment or components located above the surface grade. All equipment necessary to operate the SWCF shall be the smallest and least visibly intrusive equipment feasible and shall be placed underground.

(8) Antennae and all support equipment shall be treated to match the supporting structure. Facilities and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

(9) SWCF and related 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 ROW as determined by the Township. In addition:

(a) In no case shall ground-mounted equipment, walls, or landscaping be located within 24 inches of the face of the curb.

(b) Ground-mounted equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.

(c) Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Township.

(d) Any graffiti on the tower or on any related equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.

(e) Any underground vaults related to SWCF shall be reviewed and approved by the Township.

(10) The SWCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the SWCF applicant shall be subject to the approval of the Township.

(11) SWCF in the public ROW shall be consistent in height with any existing utility poles or light poles located within 150 feet and in all cases shall not exceed 50 feet in height.

(12) To the extent permissible under state and federal law, any height extensions to an existing SWCF shall require prior approval of the Township, and shall not increase the width of the supporting structure or the overall height of the SWCF to more than 50 feet.

(13) Any proposed SWCF shall be designed structurally, electrically, and in all respects to accommodate the SWCF and related equipment.

(14) Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a SWCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any SWCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

(a) The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;

(b) The operations of the Township or other governmental entity in the right-of-way;

(c) Vacation of a street or road or the release of a utility easement; or

(d) An emergency as determined by the Township.

(15) Standard of care. Any SWCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any SWCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

(16) Public safety communications. No SWCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

(17) Maintenance. The following maintenance requirements shall apply:

(a) Any SWCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

(b) Such maintenance shall be performed to ensure the upkeep of the SWCF in order to promote the safety and security of the Township's residents, and utilize the best available technology for preventing failures and accidents.

(18) Radio frequency emissions. SWCF shall not, by itself or in conjunction with other SWCF, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

(19) Timing of approval.

(a) Tolling. Within 10 calendar days of the date that an application for a small wireless communications facility is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. The shot clocks described below then reset once the applicant submits the supplemental information requested by the Township. For subsequent determinations of incompleteness, the shot clock will be tolled if the Township provides written notice within 10 days that the supplemental submission did not provide the information identified in the original notice delineating missing information.

(b) Applications to collocate small wireless communications facilities using existing structures. Within 60 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision.

(c) Applications to deploy small wireless communications facilities on new structures. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision.

(d) Batched applications. If an applicant files multiple siting applications on the same day for the same type of facilities, each application is subject to the same number of review days. However, if an applicant files a single application for a batch that includes both collocated and new construction of small wireless facilities, the longer ninety-day shot clock will apply.

(20) Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a SWCF, as well as associated inspection, monitoring, and related costs.

(21) Reimbursement for ROW use. In addition to application and permit fees and associated costs as described in this § 84-42 and elsewhere within the Code of the Township of Pine, every SWCF in the ROW is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each SWCF shall pay an annual fee to the Township to compensate the Township for the Township's cost incurred in connection with the activities described above.

(22) Insurance. Each person or entity that owns or operates a SWCF shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the SWCF. Such coverages shall be continuously maintained during the period that such commercial communications antenna is in place and the certificate of insurance shall provide that the Township shall be given written notification at least 30 days in advance of the expiration or cancellation of such coverages.

(23) Indemnification. Each person or entity that owns or operates a SWCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the SWCF. Each person or entity that owns or operates a SWCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a SWCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

(24) Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all SWCF in the ROW based on public safety, traffic management, physical burden on the ROW, 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.

E. Police powers. The Township, by granting any permit or taking any other action pursuant to this § 84-42, does not waive, reduce, lessen or impair the lawful police powers vested in the Township under applicable federal, state and local laws and regulations.

§ 84-43 Day-care centers.

Day-care centers may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant:

A. No permanently installed play equipment shall be located in the required front yards.

B. Day-care centers shall be located a minimum of 1,000 feet from any existing adult-oriented business.

C. Every application for a day-care center shall set forth:

(1) Each agency that must approve the establishment or operation of the center.

(2) A copy of an application or other request to each such agency for such approval and the status of each such application.

(3) Any facts known to the applicant which may result in the denial or delay of any required approval which has not been obtained as of the time of the filing of the application.

D. Day-care centers shall only be located within structures that are fully equipped with sprinklers and meet or exceed all Building and Fire Code requirements.

§ 84-44 Drive-in theaters.

Drive-in theaters shall be subject to the following requirements:

A. The minimum site required shall be five acres.

B. The site shall have frontage on and direct vehicular access to an arterial street or collector street.

C. The site shall not be located within 1,000 feet of any existing dwelling.

D. The volume and direction of outdoor speakers shall be designed and installed to comply with the limits set forth in this chapter.

E. Adequate area shall be provided on the site for cars to queue at the admission booths without obstructing the flow of traffic on public streets.

§ 84-45 Drive-throughs.

Drive-throughs, when used as a part of a permitted or conditional land use, shall be subject to the following requirements:

A. Drive-throughs shall be prohibited in the front yard and shall not be located to prevent direct pedestrian access from the public right-of-way to the principal building.

B. When adjacent to residential uses, drive-throughs, including both the facility and queuing lanes, shall be screened from the adjacent residential properties.

C. In the TVO district, drive-through establishments, as principal uses, shall meet the front yard setback requirements.

§ 84-46 Entertainment facilities.

Entertainment facilities shall be subject to the following requirements:

A. Entertainment facilities shall not include adult-oriented establishments.

B. Indoor entertainment facilities shall only be located within structures that are fully equipped with sprinklers and meet or exceed all Building and Fire Code requirements.

§ 84-47 Essential facilities.

Essential facilities, where permitted as a conditional use, may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant:

A. An electrical power substation, gas regulator building or other essential facilities building is necessary to service the district for which the conditional use is being requested.

B. The buildings will be designed within an enclosed building or screened, cyclone fence so that no dangerous wires or other sources of power are exposed.

§ 84-48 Farm markets.

A farm market shall be subject to the following requirements.

A. A parking area shall be provided as outlined in § 84-116.

B. Products sold at a farm market must be grown on site.

§ 84-49 Freestanding self-storage units.

Freestanding self-storage units may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant:

A. Freestanding self-storage units shall be in structures no greater than 14 feet in height.

B. Maximum lot size of a freestanding self-storage development shall be two acres.

C. Developments containing groupings of freestanding self-storage units shall be screened on all sides of the development.

D. Parking areas or open storage areas associated with a freestanding self-storage unit complex shall be completely enclosed by a fence in accordance with § 84-106.

§ 84-50 Fringe lots.

All fringe lots in planned residential developments shall comply with one of the following options:

A. Any fringe lot within a proposed planned residential development shall be at least 75% of the size of any lot or lots outside the proposed planned residential development abutting a common boundary line with the proposed lot.

B. Any fringe lot within a proposed planned residential development that is less than 75% of the size of any lot or lots outside the proposed planned residential development abutting a common boundary line with the proposed lot, shall then provide a minimum eighty-foot buffer yard parallel to the property line until the property line changes a bearing or course.

§ 84-51 Forestry.

[Amended 7-17-2023 by Ord. No. 400]

Forestry and logging in the Township shall be subject to the following requirements:

A. The objective of this section is to regulate the logging and timber-harvesting operations (a permitted use in all zoning districts) within the Township of Pine to:

(1) Preserve the community development objectives set forth in this chapter;

(2) Preserve environmental and economic benefits associated with proper forest management;

(3) Promote proper forest stewardship;

(4) Protect the rights of adjoining property owners; minimize the potential for adverse environmental impacts associated with any logging or timber-harvesting operation; and

(5) Avoid unreasonable and unnecessary restrictions on the right of property owners to log or harvest timber (which activity is a permitted use in all zoning districts).

B. Permit required, notification, insurance and surety.

(1) When a property owner wishes to conduct or permit to be conducted a logging or timber-harvesting operation on his property, such owner shall obtain a logging permit from the Township of Pine. The fee schedule for logging and timber-harvesting permits shall be as indicated in the current Township Fee Schedule.[1]

[1] Editor's Note: See Ch. A144, Fees.

(2) A logging and timber-harvesting permit shall not be required, and this section shall not apply to:

(a) Work performed on clearing subdivision roads and rights-of-way approved by the Board of Supervisors of the Township.

(b) Individual lots affected by the logging operation of less than one acre in size, provided that the entire logging or timber-harvesting operation does not exceed a total of one acre.

(3) The Township shall be notified in writing before any logging or timber-harvesting operation begins. At the time of notification, the Township shall determine if other Township permits or approvals are required. Should a logging and timber-harvesting permit be required, the Township shall be notified at the following times:

(a) Seven business days prior to starting the operation.

(b) Five business days prior to terminating the operation.

(4) Upon the issuance of a permit, the applicant shall submit a certificate of insurance evidencing the logging operator's workers' compensation insurance coverage with $1,000,000 E. L. each accident, $1,000,000 E. L. disease - each employee and $1,000,000 E. L. each disease policy limits with general liability insurance limits of $1,000,000 per occurrence, $2,000,000 general aggregate, and a $2,000,000 products and completed operations aggregate.

C. Submission requirements for permit application. The logging and timber-harvesting application shall be filed with the Township and shall contain the following:

(1) A project narrative/description containing the following information:

(a) Purpose of the proposed operation, including the total number of trees for harvesting and the types of trees to be harvested.

(b) If the proposed timbering or logging activity is within 10 feet of any unmarked property line, the total land area involved in the proposed logging operation shall be shown on a survey plan prepared by a licensed PA surveyor.

[1] Any timbering or logging activity that does not take place within 10 feet of an unmarked property line, is taking place farther than 10 feet from an unmarked property line, is within 10 feet of a marked property line, or is part of a property previously surveyed shall not be required to provide a survey plan prepared by a licensed PA surveyor.

(c) Written description outlining the revegetation of the landing area, skid trails, harvest area and any other disturbance locations.

(d) If the proposed timbering or logging activity is expected to exceed 20 acres, the applicant shall provide proof of written notification to each adjacent property owner of the proposed logging or timber-harvesting operation with a statement that the application is available to be viewed in the Township offices. A copy of such notification letter shall be included with the applicant's submission.

[1] If the proposed timbering or logging activity will be operating on two or more adjacent parcels, all property owners are to provide a letter consenting to the activity, and said letter shall be submitted with the applicant's submission.

(e) A narrative indicating that the logging operator shall address and comply with the requirements of all applicable commonwealth laws and regulations, including, but not limited to, the following:

[1] Erosion and sedimentation control regulations, 25 Pa. Code Chapter 102, promulgated pursuant to the Clean Streams Law (35 P.S. § 691.1 et seq.);

[2] Stream crossings and wetland protection regulations issued pursuant to the Stormwater Management Act (32 P.S. § 680.1 et seq.); and

[3] Stormwater management plans and regulations issued pursuant to the Stormwater Management Act (32 P.S. § 680.1 et seq.).

(f) Copies of all approved state permits, state permit applications, and all supporting documentation required for state permits.

D. Logging operation practices and regulations.

(1) All logging operation or removal of products shall adhere to the noise limitations outlined in § 84-113 in Chapter 84 (Zoning) of the Township Code, as amended.

(2) Any logging operation in existence at the time of the enactment of this section may continue without interruption, provided that application is made within 30 days of said enactment for a logging permit under the provisions of this section and that such permit is granted.

(3) The maximum term of any permit issued pursuant to this section shall be for six months. However, since the logging operation may be adversely affected or delayed by unusual circumstances of weather or other occurrences, additional six-month extensions may be granted by the Township.

(4) Any forestry or logging activity located in a Greenways Overlay District (GWO) shall comply with requirements of Article V, § 84-21.

(5) Trees falling on adjacent properties as a result of a logging or timber-harvesting operation shall immediately be returned to the landowner's property, who shall be responsible for any damage, cost, or restoration to the affected adjacent property.

(6) The Township of Pine shall have authority to order the suspension of any logging or timber-harvesting operation if activities are not in compliance with any state, county or Township codes or are in violation of the permit requirements and conditions.

(7) Felling or skidding on or across any public road or right-of-way is prohibited without the express written consent of the Township of Pine or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of such public road or right-of-way.

(8) No tops or slash shall be left on any public or private roadway or pedestrian trail providing access to adjoining residential property.

(9) No tops or slash shall be left on or across the boundary of any property adjoining the logging or timber-harvesting operation without the written consent of the owner thereof.

(10) All litter resulting from a logging or timber-harvesting operation shall be removed from the site before the operator vacates it.

(11) Upon completion of the logging or timber-harvesting operation, all disturbed areas, including, but not limited to, the landing area(s), skid trails and any disturbed areas, shall be revegetated pursuant to the erosion and sedimentation control plans, the stormwater management plans and the permit requirements.

E. Road maintenance, protection and bonding.

(1) The Township of Pine shall have the authority to suspend any logging or timber-harvesting operation should the Township determine that conditions of the logging or timber-harvesting operation will cause or make likely damage to a Township-maintained roadway.

(2) The permittee, logging operator, or a designated representative shall provide an additional bond or other security, in an amount and manner acceptable to the Township, whenever a Township-maintained roadway is utilized to access the logging or timber-harvesting operation.

(3) The repair of roads, bridges and culverts damaged as a result of a logging or timber-harvesting operation shall be repaired to the satisfaction of the Township.

(4) Cleanup of materials tracked onto roads. No person engaged in any forestry activities, including hauling, grading, excavation, or road cutting, within the Township shall cause or allow the tracking or disposition of mud, soil, stones, debris or any material of any kind on any road with the Township. Any material of any kind whatsoever tracked, placed, dropped or deposited on any road shall be completely removed from said road immediately.

(5) The permittee, logging operator, or a designated representative shall not create a new or utilize an existing access onto a state-maintained roadway without first showing proof that the access is permitted by the Commonwealth of Pennsylvania's Department of Transportation.

(6) The permittee, logging operator, or a designated representative shall not create a new or utilize an existing access onto a Township-maintained roadway without first obtaining permission from the Township for utilizing said access.

(7) Any disturbance along a Township-maintained roadway to create a new or improve upon an existing access shall be reconstructed back into its original condition as it was prior to the commencement of the logging or timber-harvesting operation.

F. Waivers and enforcement.

(1) The Township's Zoning Officer (or equivalent otherwise titled Township official), or his/her designee, shall be the enforcement officer for this section.

(2) The Township's Zoning Officer (or equivalent otherwise titled Township Official), or his/her designee, may enter the site of any logging or timber-harvesting operation before, during, or after active logging to:

(a) Review the logging plan or any other required documents for compliance with this section; and

(b) Inspect the operation for compliance with the logging plan and other on-site requirements of these regulations.

G. Violations, penalties and remedies.

(1) Timber harvesting and logging activities shall adhere to all violation, penalty, and remedy regulations as outlined in Article X in Chapter 84 (Zoning) of the Township Code and the PA MPC, as amended.[2]

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

§ 84-52 Garden apartments in structures 6,000 square feet or less.

Garden apartments in structure 6,000 square feet or less may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant.

A. Infill garden apartments shall be consistent in size, architecture, and character with neighboring structures.

B. No garden apartment shall have a height greater than three habitable stories or 45 feet.

C. A visual structural break in facade shall be provided between every garden apartment dwelling unit to eliminate long flat walls.

D. Garages shall not front on arterial or collector roads.

E. Off-street parking areas.

(1) Parking spaces shall be provided for a minimum of two vehicles per dwelling unit.

(2) At least one parking space per unit shall be enclosed within the principal building or an accessory building.

F. Balconies, if provided, shall not extend into any required yard and shall not extend more than eight feet from the face of any principal building.

G. Chimneys, spires, tanks, or similar architectural projections may exceed the prescribed height by not more than 25%.

§ 84-53 Garden apartments (new developments).

Garden apartments (new developments) may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant:

A. The minimum gross land area of the development site shall be 10 acres.

B. All new garden apartment developments shall have a minimum of two vehicular entrances if over 50 units are proposed.

C. The maximum density (dwelling units per acre) shall be as follows:

(1) For garden apartments: eight units per gross acre.

D. Building height.

(1) No garden apartment shall have a height greater than three habitable stories or 45 feet.

(2) Principal buildings having dwelling units above the second story shall be provided with elevators.

E. Facades.

(1) Alternating groups of three facades may have identical setbacks.

(2) No building shall have a length or a width greater than 300 feet.

(3) A visual structural break in facade shall be provided between every garden apartment dwelling unit to eliminate long flat walls.

(4) The requirements determining the spacing of buildings shall be flexible so as to encourage imaginative site design. The spaces between buildings shall be of sufficient size to guarantee adequate light, air, and emergency access. However, the minimum space permitted between any two buildings shall be 20 feet.

(5) Garages shall not front on arterial or collector roads.

F. Common open space.

(1) A minimum of 15% of the land area of the development site shall be designated as common open space. The calculation of such common open space shall specifically not include streets, parking, rights-of-way, detention ponds, or access to detention ponds. Any land lying within 15 feet of any building shall also not be considered part of the required common open space.

(2) The common open space shall conform to the provisions of § 84-119 of this chapter and shall contain the park and recreation facilities mandated therein.

G. Off-street parking areas.

(1) Parking spaces shall be provided for a minimum of two vehicles per dwelling unit.

(2) A minimum of 40% of such required parking shall be provided in enclosed structures.

H. Streetlights.

(1) Streetlights shall be required to be provided along all streets and access drives within the development and in all off-street parking areas in accordance with § 84-116.

(2) Such streetlights shall not exceed 15 feet in height and the lighting levels shall not exceed the levels prescribed in § 84-112.

(3) The maximum wattage permitted using metal halide as a source shall be 150 watts.

I. Balconies, if provided, shall not extend into any required yard and shall not extend more than eight feet from the face of any principal building.

J. Chimneys, spires, tanks, or similar architectural projections may exceed the prescribed height by not more than 25%.

K. A buffer yard shall be provided in accordance with the provisions of § 84-111 of this chapter along any residential use or district.

§ 84-54 Group care facility.

Group care facilities may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant:

A. The minimum area and bulk regulations for a group care facility shall be the same as those required for all uses in the district in which the facility is located.

B. A group care facility shall have frontage on and direct vehicular access to an arterial or collector road.

C. No group care facility shall be established within 1,000 feet of another group care facility.

D. Adequate provisions shall be made for access for emergency medical and fire vehicles.

E. Twenty-four-hour supervision shall be provided by staff qualified by the sponsoring agency.

F. Adequate open space opportunities for recreation shall be provided on the lot for the residents consistent with their need, and the area shall be secured by a fence with a self-latching gate.

G. Where applicable, certification or licensing by the sponsoring agency shall be a prerequisite to obtaining a certificate of occupancy, and a copy of an annual report with evidence of continuing certification shall be submitted to the Zoning Officer in January of each year.

§ 84-55 Heliport.

Heliports may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant:

A. The provisions of this section shall be enforced by the Building Inspector, Zoning Officer and any other official of the Township of Pine charged with the enforcement of the Township of Pine ordinances.

B. In determining whether or not to grant permits for applications filed under this section, the Township Planning Commission will determine whether or not the proposed location is properly zoned for heliports. Heliports shall only be permitted within the following zoning districts:

(1) C-1 Community Service Center.

C. Takeoff and landing.

(1) It shall be unlawful to take off or land a helicopter anywhere within the Township of Pine except at a site for which an approval or permit has been issued by the Township and which site is in compliance with all applicable laws, regulations and ordinances, except for such landings or takeoffs in connection with law enforcement purposes, medical transportation emergencies or other emergencies.

(2) All such landings or takeoffs in connection with law enforcement purposes, medical transportation emergencies or other emergencies shall be permitted only in strict conformity with the provisions for such landings or takeoffs set forth herein.

(3) All such landings and takeoffs by helicopters in connection with law enforcement purposes, medical transportation emergencies or other emergencies shall occur only at Pine-Richland Middle/High School: latitude: 40:35.9; longitude: 80:02.2; or Township of Pine Community Park: latitude: 40:36.1; longitude: 80:03.2, which two locations shall serve as the Township's only predesignated emergency landing zones.

(4) If extreme conditions exist which require an exception to the prohibition of landings and takeoffs at locations other than such predesignated emergency landing zones, an exception can be made with the concurrence of any on-scene representatives (official in charge) of the Police Department serving the Township of Pine, the Wexford Volunteer Fire Company, the McCandless-Franklin Park Ambulance Authority, or the Township's Emergency Management Coordinator.

(5) All landings and takeoffs made in connection with law enforcement purposes, medical transportation emergencies, or other emergencies, whether made at the Township's predesignated emergency landing zones or elsewhere, shall only be made subject to the following conditions:

(a) Prior to any landings or takeoffs, the operator of the helicopter shall contact the 911 Dispatch Center and shall request the dispatch of emergency services personnel to the landing/takeoff site, as per the standard operating procedures established by the above-referenced emergency services agencies for helicopter landings/takeoffs. The 911 Dispatch Center shall assign an incident number to and shall record the time of all transmissions in connection with the landing/takeoff. Prior to any landing/takeoff, the operator of the helicopter shall make radio contact with an official in charge from one of the above-referenced emergency services agencies and shall coordinate and receive clearance for such landing/takeoff. Such clearance shall then be communicated to the 911 Dispatch Center by the official in charge.

(b) No landings/takeoffs shall take place without prior acknowledgement and ground coordination by at least one of the aforementioned officials in charge at the site of the landing/takeoff.

(c) Following any such landing/takeoff, when so requested by the official in charge, the operator of any helicopter involved therein shall file a written incident report providing details of the events surrounding the landing/takeoff and shall include a description of the emergency conditions which necessitated such landing/takeoff. Such written incident report shall be filed with each of the aforementioned agencies within eight hours of each such landing/takeoff and may be sent via facsimile communication.

(d) Should such landing/takeoff subsequently be determined by the Township of Pine to have not been a legitimate emergency, or to have not been made in strict conformity with all procedures set forth herein, then, in the sole discretion of the Township of Pine, all costs and expenses associated with the involvement and use of personnel and equipment of the Police Department serving the Township of Pine, the Wexford Volunteer Fire Company, the McCandless-Franklin Park Ambulance Authority, or the Township of Pine (including but not limited to its Emergency Management Coordinator) shall be itemized by such respective agencies, shall be assessed against the operator of the helicopter involved, and shall be submitted to and required to be paid in full by such operator. The provisions of this subsection relating to assessment and payment of costs and expenses shall not be the exclusive remedy of the Township of Pine and shall be in addition to any other appropriate action or remedy, civil or criminal, applicable to such event or conduct associated therewith.

D. Application and issuance of permits.

(1) Prior to establishing or operating a heliport within the Township of Pine, any such operator must first apply for and receive a permit from the Township of Pine.

(2) Applications for permits to operate a heliport shall be filed with the Manager of the Township, who shall refer the application to the Township Planning Commission for review and recommendation prior to approval of the governing body.

(a) In connection with its review of the application, the Township Planning Commission shall hold a public hearing on the application.

(b) Public notice, as defined herein, of such hearing shall be given.

(c) In addition, notice shall also be given in any other manner deemed appropriate by the Township Planning Commission.

(d) The costs of such public notice shall be paid by the applicant.

(e) The governing body may also hold a public hearing, pursuant to public notice (given and paid for by the applicant as previously described in this subsection), in connection with its review of the application.

(3) Applications for a permit to operate a heliport must contain, at a minimum, the following information:

(a) The type and characteristics of helicopters to be used and proposed frequency of operation.

(b) A land development plan must be submitted and drawn to a scale of no more than one inch equaling 200 feet and must show the terrain elevation for at least 800 feet in all directions from the center limits of the landing of the proposed heliport. Such plan must also designate any obstructions, listing their height in feet, within the eight-hundred-foot radius and must designate the approach-departure path corridors.

(c) The land development plan shall also show the relationship of the heliport to the lot lines, streets and zoning lines; the location of all buildings or all areas to be used for passenger or cargo operations, maintenance or overhaul facilities, fueling, storage and hanger or tie-down facilities. All off-street parking, access drives, landscaped areas and traffic patterns shall also be shown.

(d) Any such other information as may be deemed required by the Township Manager or Township Planning Commission.

(e) The location must have been inspected and approved by the Pennsylvania Department of Transportation as having complied with the dictates of the Aviation Code, as codified at 74 Pa.C.S.A. § 5101 et seq. The site and operations are in full compliance with the airport rating and licensing regulations of the Pennsylvania Department of Transportation, Title 67, 471.6, Heliport Rating.

(f) All safety and fire-protection facilities must have been installed in accordance with applicable laws, regulations and ordinances, with consideration having been given to any recommendations made by Township officials having qualifications concerning such matters.

E. Any permit issued under this section shall be revoked if any of the following occur:

(1) The Pennsylvania Department of Transportation Bureau of Aviation revokes the license or refuses to relicense the location after one of its periodic inspections.

(2) The Federal Aviation Administration withdraws or revokes its approval or clearances for the location.

(3) The Township has notified the operator and permittee of the location in writing that the site is no longer in compliance with the conditions of approval or applicable laws or ordinances of the Township of Pine.

F. When the approval or permit to operate the heliport has been revoked, the owner, lessee and/or applicant shall immediately close the location to all helicopter traffic and operation by publishing such notices and warnings as necessary to accomplish such purpose.

§ 84-56 Hospitals.

Hospitals, where permitted as a conditional use, may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant:

A. The minimum site area required for a hospital shall be five acres.

B. All hospitals shall be licensed by the commonwealth.

C. The site shall be served by public water and public sewers.

D. Water pressure and volume shall be adequate for fire protection.

E. Ingress, egress, and internal traffic circulation shall be designed to ensure access by emergency vehicles.

F. The parking and circulation plan shall be referred to the Volunteer Fire Company for comments regarding traffic safety and emergency access.

G. A buffer yard shall be provided in accordance with the requirements of § 84-111 of this chapter.

H. A private use helipad, if proposed as part of the hospital, shall meet the standards of § 84-55 of this chapter.

I. The site shall be served by a collector road or arterial road.

§ 84-57 Indoor theaters.

A. Adequate parking shall be provided in accordance with § 84-116.

B. Indoor theaters shall only be located within structures that are fully equipped with sprinklers and meet or exceed all Building and Fire Code requirements.

C. Indoor theaters shall not include adult-oriented establishments.

§ 84-58 Kennels.

[Amended 3-16-2009 by Ord. No. 348]

A. Kennels (excluding indoor kennels, as such are defined in Article II, § 84-10 hereof, which indoor kennels shall be regulated by Subsection B of this section) shall be subject to the following requirements:

(1) No site preparation or construction shall commence nor shall existing structures be occupied until final land development plan review has been completed and permits have been issued by all government agencies involved.

(2) No residential use may be established on any lot used as a kennel.

(3) Shelters for the housing of animals shall not be located closer than 100 feet to any lot line.

(4) Outdoor areas utilized by or for animals shall not be located closer than a minimum of 100 feet to any lot line.

(5) A bufferyard shall be required to be installed and maintained along all property boundary lines; such bufferyards shall meet all standards for a major separation bufferyard, as such are set forth in Article IV, § 84-111 of this chapter.

(6) Licensure by the Commonwealth of Pennsylvania and ongoing compliance with all applicable laws, rules, and regulations established by the Commonwealth of Pennsylvania and the Allegheny County Health Department [including but not limited to those relating to maximum capacity, minimum space per animal, enclosure (cage) specifications, and noise and odor control requirements].

(7) Appropriate provisions for the proper disposal of animal waste shall be demonstrated and maintained. Under no circumstances shall animal waste be placed into the public sewer system; best management practices shall be employed to provide for the removal and disposal of animal waste.

(8) The Township shall be permitted to conduct periodic inspections of the kennel's site to ensure compliance with the provisions of this chapter or any additional, specific conditions of land development approval.

B. Indoor kennels shall be the subject to the following requirements:

(1) Location.

(a) Indoor kennels shall only be allowed (and only as a conditional use) within those areas located in the C-1 Community Service Center District which are not part of the Traditional Village Overlay District (TVO), or not part of an approved Town Center Planned Residential Development (TC-PRD).

(b) Indoor kennels may be allowed in existing or newly constructed buildings, used either exclusively for an indoor kennel or as a part of a multitenant building whose then-established tenant(s) (at the time of the establishment of the indoor kennel) may include the following uses:

[1] Animal day care;

[2] Animal hospital;

[3] Commercial or public parking garage;

[4] Essential facility;

[5] Vacant tenant space;

[6] Veterinary service;

[7] Warehouse.

(c) Indoor kennels shall not be allowed in multitenant buildings whose then-established tenants (at the time of the establishment of the indoor kennel) include, but are not limited to, the following uses:

[1] Day-care center;

[2] Hospital;

[3] Life care community;

[4] Medical clinic;

[5] Nursing home;

[6] Offices;

[7] Places of worship;

[8] Public and semipublic uses;

[9] Residential use;

[10] Restaurants;

[11] Retail sales and services;

[12] Any other use(s) deemed to be incompatible with that of an indoor kennel, as such is determined by the Township's Board of Supervisors.

(2) No site preparation, construction, or occupancy shall occur until any required permits have been issued for such activities by all governmental agencies involved.

(3) No outdoor area(s) shall be permitted for the use of animals, and all shelters for animals shall be completely indoors.

(4) The portion of the building or structure used to house animals (including any such portions which are located below grade level) shall be equipped with code-approved, nontoxic noise-dampening material (which may include acoustic tile) to minimize noise impact upon adjacent uses or properties.

(5) Licensure by the Commonwealth of Pennsylvania and ongoing compliance with all applicable laws, rules, and regulations established by the Commonwealth of Pennsylvania, and the Allegheny County Health Department [including but not limited to those relating to maximum capacity, minimum space per animal, enclosure (cage) specifications, and noise and odor control requirements].

(6) Appropriate provisions for the proper disposal of animal waste shall be demonstrated and maintained. Under no circumstances shall animal waste be placed into the public sewer system; best management practices shall be employed to provide for the removal and disposal of animal waste.

(7) The Township shall be permitted to conduct periodic inspections of the indoor kennel's site to ensure compliance with the provisions of this chapter or any additional, specific conditions of use approval.

§ 84-59 Life care community.

Life care communities, where permitted as a conditional use, may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant:

A. Life care communities may be located on property which consists of one or more lots and contains a minimum of five acres. If more than one lot or parcel is used, they must be contiguous.

B. Building design and location shall permit ready accessibility by emergency vehicles.

C. Single-family dwellings, detached and attached, multifamily and garden apartments may be proposed in a life care community, provided that the gross site density shall not exceed 10 units per acre.

D. Ancillary uses, such as banks, deli, medical offices, may be authorized as part of any life care community which proposes 100 or more dwelling units, provided that they are primarily for use by the residents, are located within a residential building and do not constitute more than 15% of the total floor area devoted to residential use on the site.

E. The life care community may include congregate dining facilities, a library, social hall, exercise room, indoor swimming pool, arts and crafts room and similar accessory uses for the residents either within a residential building or in an accessory structure.

F. If a nursing home is proposed as part of the life care community, the proposed use shall be subject to the standards and criteria of § 84-69 of this chapter.

G. All mechanical equipment shall be screened from the view of adjoining properties in accordance with the requirements of this chapter.

H. Off-street parking requirements may be reduced upon satisfactory demonstration by the applicant that fewer than the number of parking spaces required by § 84-116 will be required for the proposed community.

§ 84-60 Light manufacturing, research and testing.

Light manufacturing, research and testing in structures 6,000 square feet or less, where permitted as a conditional use, may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant:

A. No curb cuts or driveways that provide access to or from a residential street shall be used or established.

B. No curb cuts or driveways shall be located within 150 feet of any residential district boundary line.

C. No trucks, tractors or trailers shall be maneuvered, parked, fueled, stored, loaded or unloaded within 100 feet of any residential district.

D. No vehicles or equipment accessory thereto shall operate engines or motors for refrigeration or other purposes between the hours of 10:00 p.m. and 7:00 a.m. the following day unless parked more than 150 feet from any residential district.

E. The applicant shall submit an analysis of the traffic impact of the proposed development that addresses the following:

(1) Projections of required parking;

(2) On-site-generated and off-site traffic to be expected on streets in the vicinity upon completion of the proposed development;

(3) Recommendations for techniques or improvements to deal with any projected traffic congestion or conflicts.

§ 84-61 Medical clinic.

A. A medical clinic shall not include an alcohol rehabilitation clinic or a methadone treatment facility.

B. The minimum site area required for a medical clinic shall be one acre.

C. All medical clinics shall be licensed by the Commonwealth of Pennsylvania.

D. The site shall be served by public water and public sewers.

E. Water pressure and volume shall be adequate for fire protection.

F. Ingress, egress, and internal traffic circulation shall be designed to ensure access by emergency vehicles.

G. The parking and circulation plan shall be referred to the Volunteer Fire Company for comments regarding traffic safety and emergency access.

H. A buffer yard shall be provided in accordance with the requirements of § 84-111 of this chapter.

§ 84-61.1 Medical marijuana dispensary.

[Added 3-15-2021 by Ord. No. 393]

A medical marijuana dispensary, where permitted as a conditional use, may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant:

A. A medical marijuana dispensary shall provide proof of registration with the Department of Health or proof that registration has been sought and is pending approval, 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 conditional use approval shall immediately become void.

B. A medical marijuana dispensary shall at all times operate in compliance with all Pennsylvania Department of Health regulations pertaining to such facilities.

C. A medical marijuana dispensary shall not be operated or maintained on a parcel within 1,000 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a residentially zoned property or a parcel containing a public private or parochial school, day care center, place of worship, public park, or community center. Nor shall a medical marijuana dispensary be located closer than 2,500 feet from another medical marijuana dispensary or from a medical marijuana grower/processor.

D. A medical marijuana dispensary must operate entirely within an indoor, enclosed and secure facility. No exterior sales and no sidewalk displays shall be permitted. No drive through, drop off, or pick up services shall be permitted.

E. No use of medical marijuana shall be permitted on the premises of a medical marijuana dispensary.

F. A medical marijuana dispensary shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of medical marijuana and unauthorized entrance into areas containing medical marijuana.

G. Parking shall be provided in compliance with Article VI, § 84-116 ("Off-street parking") as listed for medical clinic.

§ 84-61.2 Medical marijuana grower/processor.

[Added 3-15-2021 by Ord. No. 393]

A medical marijuana grower/processor, where permitted as a conditional use, may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant:

A. A medical marijuana grower/processor shall provide proof of registration with the Pennsylvania Department of Health or proof that registration has been sought and is pending approval, 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 conditional use approval shall immediately become void.

B. A medical marijuana grower/processor shall at all times operate in compliance with all Pennsylvania Department of Health regulations pertaining to such facilities.

C. A medical marijuana grower/processor must be located on a lot containing not less than one acre.

D. A medical marijuana grower/processor shall not be operated or maintained on a parcel within 1,000 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a residentially zoned property or a parcel containing a public private or parochial school, day care center, place of worship, public park, or community center. Nor shall a medical marijuana grower/processor be located closer than 2,500 feet from another medical marijuana grower/processor or from a medical marijuana dispensary.

E. A medical marijuana grower/processor must operate entirely within an indoor, enclosed and secure facility.

F. There shall be no emissions of dust, fumes, vapors or odors which can be seen, smelled, or otherwise perceived from beyond the lot line for the property where the medical marijuana grower/processor is operating.

G. Parking shall be provided in compliance with Article VI, § 84-116D ("Off-street parking").

§ 84-62 Methadone treatment facility.

A methadone treatment facility may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant:

A. A methadone treatment facility shall have frontage on and direct access to State Route 19.

B. For any building (or portion there of) which is proposed to contain a methadone treatment facility, the lot upon which such building (or portion thereof) sits shall not be located closer than 500 feet (or the then current Pennsylvania statutory-provided distance, which ever is greater) to a lot utilized for an existing school, public playground, public park, residential housing area, residential lot, single-family dwelling, child care facility, church, meeting house or other actual place of regularly scheduled religious worship established prior to the proposed methadone treatment.

C. Not withstanding Subsection B above, a methadone treatment facility may be established and operated closer than 500 feet (or the then current Pennsylvania statutory-provided distance, which ever is greater) to a lot utilized for an existing school, public playground, public park, residential housing area, residential lot, single-family dwelling, child care facility, church, meeting house or other actual place of regularly scheduled religious worship established prior to the proposed methadone treatment, if, by majority vote, the governing body approves a use for said facility at such location. At least 14 days prior to any such vote by the governing body, one or more public hearings regarding the proposed methadone treatment facility location shall be held within the municipality pursuant to public notice. All owners of real property located within 500 feet of the proposed location shall be provided written notice of said public hearing(s) at least 30 days prior to said public hearing(s) occurring.

D. All buildings proposed to contain a methadone treatment facility shall fully comply with the requirements of the then current edition of the International Building Code (IBC), as adopted by the Township of Pine.

E. In addition to the otherwise required number of parking spaces specified by § 84-116 of this chapter for the usage of the building proposed for a methadone treatment facility, additional parking shall be required specifically for the methadone treatment facility at a rate of one additional parking space for each 200 feet of area devoted to the methadone treatment facility.

F. Each building or portion thereof proposed for use as a methadone treatment facility shall have a separate and distinct entrance utilized solely for direct entrance into the methadone treatment facility. Such separate and distinct entrance shall face State Route 19. Access to the methadone treatment facility shall not be permitted via a shared building entrance or from a shared interior corridor within the building in which it is located.

G. Signage for the methadone treatment facility shall fully comply with § 84-121, which establishes sign regulations for the State Route 19 Corridor.

H. Unless otherwise approved, a controlled substance dispensation facility shall be subject to the requirements of § 84-62 of this chapter.

[Added 3-15-2021 by Ord. No. 393]

§ 84-63 Mixed use.

When any use within a mixed-use development is permitted as a conditional use, the use may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant:

A. Except where specifically authorized under provisions of this chapter, mixed uses are prohibited.

B. Mixed uses in the B-1 Zoning District shall be limited to structure 6,000 square feet or less, and a residential density of four units/acre.

C. Portions of buildings designated for commercial purposes shall not be used for dwelling purposes.

D. Portions of buildings designated for dwelling purposes shall not be used for commercial purposes.

E. Dwelling units in any R District shall not be converted or altered to allow other uses.

F. This provision shall not be deemed to prohibit the use of a portion of the building or structure as living quarters for caretakers or attendants of places of worship or institutions where such uses are authorized in any zoning district.

G. Mixed-uses in the C-1 Zoning District shall not exceed a residential density of six units/acre.

§ 84-64 Mobile home parks.

Mobile home parks may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant:

A. It shall be unlawful for any person to construct, alter or extend any mobile home park within the limits of the Township of Pine unless he holds a valid permit issued by the Allegheny County Health Department in the name of such person for the specific construction, alteration or extension proposed and also a permit issued by the Township of Pine hereunder.

B. It shall be unlawful for any person to buy, lease, rent, occupy, or have occupied any mobile home that has not been inspected and approved by the Pennsylvania Department of Community Affairs, Division of Industrialized and Mobile Housing. All units that have been inspected and approved shall bear the insignia of the Department of Community Affairs.

C. Applications.

(1) All applications for permits shall be made by the owner of the mobile home park or his authorized representative in accordance with the rules and regulations of the Allegheny County Health Department.

(2) An application shall be filed with the Township Planning Commission, using a form furnished by said Commission, for a permit to operate a mobile home park in the Township.

(a) Upon receipt of such application, the Planning Commission shall inspect the applicant's plans and proposed park to determine compliance with the provisions of this chapter.

(b) Following approval by the Allegheny County Health Department, the Planning Commission shall report its findings and recommendations to the Board of Supervisors for a final decision.

(c) If the Board of Supervisors approves the mobile home park, the applicant shall be issued a mobile home park permit, which shall be valid until January 31 of the next year.

(d) Renewal permits for a like period shall be issued by the Township Zoning Officer upon furnishing proof by the applicant that his park continues to meet the standards prescribed by the Allegheny County Health Department and this chapter.

(e) When the application is refused, the decision shall specify grounds for refusal by citing provisions relied upon.

D. Mobile home park registration.

(1) It shall be unlawful for any person to operate any mobile home park within the limits of the Township unless a certificate of registration is issued annually by the Allegheny County Health Department in the name of such person for the specific mobile home park. Proof of such registration shall be furnished the Township Zoning Officer by no later than February 1 of each year.

(2) Every person holding a certificate shall file notice, in writing, with the Allegheny County Health Department and the Township Zoning Officer within 10 days after having sold, transferred, given away or otherwise disposed of all or part of his interest in or control of any mobile home park. If the certificate of registration is transferred by the Allegheny County Health Department, proof of such transfer shall be furnished the Township Zoning Officer forthwith.

(3) Whenever, upon inspection of any mobile home park, it is determined that conditions or practices exist which are in violation of any provision of this chapter, the Township Zoning Officer shall give notice, in writing, to the person to whom the certificate was issued, advising him that unless such conditions or practices are corrected within a reasonable period of time specified in the notice, but not to exceed 30 days, the license to operate in the Township shall be suspended. At the end of such period, such mobile home park shall be inspected, and, if such conditions or practices have not been corrected and the licensee has not requested a hearing, the Township Zoning Officer shall suspend the license and give notice, in writing, of such suspension to the person to whom the certificate is issued.

E. Mobile home inspections.

(1) A representative of the Township shall inspect a mobile home park at reasonable intervals, but not to exceed once every 90 days, and at reasonable times to determine compliance with this chapter. Following each inspection by the Township representative, a report of findings shall be made at the next regularly scheduled meeting of the Board of Supervisors.

(2) The Township Inspector shall also inspect each new mobile home unit immediately after installation to ensure compliance with all applicable regulations. Certificates of occupancy for each mobile home unit shall be applied for coincident with the application for a building permit and shall be issued by the Zoning Officer within 10 days after the installation of such unit shall have been completed in conformity with the provisions of this chapter. A record of all certificates shall be maintained by the Township Supervisors, and copies shall be furnished, on request, to any person who has a proprietary or tenancy interest in the unit affected. No mobile home shall be occupied without such a permit.

(3) The Township Zoning Officer is hereby designated as the person to make such inspections. Another or additional inspectors may also be authorized to make inspections or additional inspections at the discretion of the Township Supervisors.

(4) The Township Zoning Officer may, in his discretion, give notice for violations of this chapter and issue notice thereof, without express authority from the Township Supervisors in each instance.

F. Area and location standards.

(1) A mobile home park shall have a gross area of at least 10 contiguous acres of land.

(2) The location of all mobile home parks shall comply with the following minimum requirements:

(a) The location shall be free from adverse influence from swamps, marshes, garbage or rubbish disposal areas or other potential breeding places for insects or rodents.

(b) The location shall not be subject to flooding.

(c) The location shall not be subject to any hazard or nuisance, such as excessive noise, vibration, smoke, toxic matter, radiation, heat, odor or glare.

(d) The location shall be in an area appropriately zoned for such use.

(3) All mobile homes shall be located at least 25 feet from any park property line or public street right-of-way, which is not in the mobile home park.

(4) There shall be a minimum distance of 25 feet between an individual mobile home, including accessory structures attached thereto, and adjoining pavement of a park street or common parking area or other common areas and structures.

(5) The perimeter of a mobile home park shall be bordered on all sides by a planted strip of at least 15 feet width or of such greater width which, in the opinion of the Planning Commission and Board of Supervisors of the Township of Pine, may be necessary for the adequate protection of adjoining premises and highways. The plant material shall have initially a height and compactness of not less than 50% of the ultimately desired height and compactness, which shall be determined in each case separately by the Planning Commission and Board of Supervisors on the basis of site location, adjacent land areas, topography and other appropriate considerations. The park management is responsible for maintaining this planted strip is such a way as to achieve the purpose of providing a screening between the mobile home park and adjacent properties.

(6) Erection and placement of mobile homes.

(a) Mobile homes shall be separated from each other and from other buildings and structures by at least 30 feet on all sides.

(b) An enclosure of compatible design and material shall be erected around the entire base of each mobile home. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure and shall be installed at the same time that the mobile home unit is installed.

(c) 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.

(d) Each mobile home shall be installed upon an adequate, frost-free foundation for placement and tie-down to secure the structure against uplift, sliding, rotation, and overturning. The foundation shall not heave, shift, or settle under weight due to frost action, inadequate drainage, or other forces. The foundation shall be provided with anchors and tie-downs, such as cast-in-place concrete dead men, eyelets embedded in the foundation or runways, screw anchors, arrowhead anchors or other devices securing the stability of the mobile home. Anchors and tie-downs shall be placed at least at each corner of the foundation.

G. Site drawings.

(1) The ground surface in all parts of every park shall be graded and equipped to drain all surface water in a safe, efficient manner and in such a way as to protect adjacent property.

(2) Surface water collectors and other bodies of standing water capable of breeding mosquitoes and other insects shall be eliminated or controlled in a manner approved by the Pennsylvania Department of Environmental Protection.

(3) Wastewater from any plumbing fixture or sanitary sewer line shall not be deposited upon the ground surface in any park of a mobile home park.

H. Soil and ground cover.

(1) Exposed ground surfaces in all parts of every park shall be paved or covered with stone screenings or other solid material or protected with a vegetative growth that is capable of preventing soil erosion and emanation of dust during dry weather. All unpaved areas within the mobile home park shall be landscaped subject to the approvals of the Planning Commission and Board of Supervisors of the Township. Planting areas and landscaping shall conform to reasonably minimum standards as required by the Planning Commission and the Board of Supervisors. Lot areas not covered by building, sidewalks or paving shall be seeded with grass or other appropriate ground cover material compatible with the landscape and natural amenities for the district.

(2) Park grounds shall be maintained free of vegetation growth which is poisonous or which may harbor rodents, insects, or other pests harmful to man.

I. Nonresidential use of park.

(1) No part of any park shall be used for nonresidential purposes, except such uses that are required for the direct servicing and well being of park residents and for the management and maintenance of the park. Provision for such nonresidential uses shall be indicated on the plan submitted with the permit application.

(2) Nothing contained in this section shall be deemed as prohibiting the sale of a mobile home located on a mobile home lot and connected to utilities, but the sale of a mobile home lot to an individual by the mobile home park owner is prohibited.

J. Streets and walkways.

(1) Safe and convenient vehicular and pedestrian access shall be provided from abutting public streets or roads.

(2) All streets and walks, whether public or private, shall conform to the requirements of the Township Subdivision of Land Ordinance,[1] except that the right-of-way may be 40 feet in width.

[1] Editor's Note: See Ch. 78, Subdivision and Land Development.

(3) No public street access from individual lots shall be permitted. All vehicular accessways from mobile home lots, parking areas and any on-site facilities serving the mobile home park shall intersect with interior street systems within the mobile home park.

(4) All parks shall provide safe, convenient all-season pedestrian walkways of three feet minimum width, which are durable and convenient to maintain, from the entrance of each mobile home entrance to the parking area of that lot and to the street.

K. Off-street parking.

(1) Off-street parking shall be provided by a paved area of 20 feet by 20 feet in front of each mobile home foundation, paved with four-inch-thick asphalt plant mix or equivalent.

(2) No parking shall be permitted on the park street right-of-way.

L. Construction of lots.

(1) Mobile home lots within the park shall each have a minimum gross area of 5,000 square feet, and each lot shall have a maximum of one mobile home thereon.

(2) Each mobile home lot shall be improved to provide an adequate foundation for the placement of the mobile home and in such position as to allow a minimum of 25 feet between the mobile home and the right-of-way of the park street, which serves the lot.

M. Recreation areas.

(1) A recreational area, or areas, with suitable facilities shall be maintained within the park for the use of all park residents.

(2) At least 5% of the gross area of the park shall be developed for recreational purposes. Such areas shall be used exclusively for playground purposes and be located as to be free of traffic and other hazards.

(3) Playground areas shall be centrally located in relation to their service area.

N. Regulations for mobile home units.

(1) Each mobile home shall provide a flush toilet, bathtub or shower and lavatory which shall be contained in a separate private room within the mobile home unit.

(2) No permanent or semipermanent structure shall be affixed to any mobile home as an addition to such home, nor shall any accessory structure be permitted on any lot or in any mobile home park, except those accessory structures required and approved by these regulations. The prohibition herein against any addition or accessory to a mobile home shall not apply to a canopy or awning designed for use with a mobile home.

O. Water supply.

(1) An adequate supply of potable water shall be provided for mobile homes, service buildings, and other accessory facilities as required by this chapter. Where a public water supply system of satisfactory quantity, quality, and pressure is available, connection shall be made thereto, and its supply shall be used exclusively. Where a satisfactory public water supply system is not available, the development of a private water supply system shall be approved by the Department of Environmental Resources and the Allegheny County Health Department or other authorities having jurisdiction.

(2) An approved water supply shall be the source of the water in each mobile home park and the supply, pressure and distribution system shall be sufficient to sustain and operate the facilities and equipment of the Township's fire protection system.

(3) Water supply shall be in accordance with the requirements of the Department of Environmental Protection and the Allegheny County Health Department.

P. Water storage facilities.

(1) All water storage reservoirs shall be covered, watertight and constructed of impervious material.

(2) Overflows and vents of such reservoirs shall be effectively screened.

(3) Manholes shall be constructed with overlapping covers, so as to prevent the entrance of contaminated material.

(4) Reservoir overflow pipes shall discharge through an acceptable air gap.

Q. Water distribution system.

(1) All water piping, fixtures and other equipment shall be constructed and maintained in accordance with state and local regulations.

(2) The water piping system shall not be connected with nonpotable or questionable water supplies and shall be protected against the hazards of backflow or back-siphonage.

(3) The system shall be so designed and maintained as to provide a pressure of not less than 40 pounds per square inch, under normal operating conditions, at service buildings and other locations requiring potable water supply.

R. Individual water riser pipes and connections.

(1) Individual water riser pipes shall be located within the confined area of the mobile home stand at a point where the water connection will approximate a vertical position, thereby ensuring the shortest possible water connection and decreasing susceptibility to water pipe freezing.

(2) The water riser pipe shall have a minimum inside diameter of 1/2 inch and shall terminate at least four inches above the ground surface. The water outlet shall be provided with a cap when a mobile home does not occupy the lot.

(3) Adequate provisions shall be made to prevent freezing of service lines, valves, and riser pipes and to protect risers from heaving and thawing actions of the ground during freezing weather. Surface drainage shall be diverted from the location of the riser pipe.

(4) A shutoff valve below the frost line shall be provided near the water riser pipe on each mobile home lot. Underground stop-and-waste valves are prohibited unless their type of manufacturer and their method of installation are approved.

S. Sewerage system.

(1) An adequate and safe sewerage system shall be provided in all parks for conveying and disposing of sewage from mobile homes, service buildings, and other accessory facilities.

(2) Such system shall be designed, constructed, and maintained in accordance with the Department of Environmental Protection and all other state, county and local health regulations.

T. Individual sewer connections.

(1) Each mobile home lot shall be provided with at least a three-inch-diameter sewer riser pipe. The sewer rise pipe shall be so located on each stand that the sewer connection to the mobile home drain outlet will approximate a vertical position.

(2) The sewer connection shall have a nominal inside diameter of not less than three inches, and the slope of any portion thereof shall be at least 1/4 inch per foot. All joints shall be watertight.

(3) All materials used for sewer connections shall be semirigid, corrosion-resistant, nonabsorbent, and durable. The inner surface shall be smooth.

(4) Provision shall be made for plugging the sewer riser pipe when a mobile home does not occupy the lot. Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall extend at least 1/2 inch above ground elevation.

U. Sewer lines.

(1) All sewer lines shall be located in trenches of at least three feet in depth to be free of breakage from traffic or other movements and shall be separated from the park water supply system.

(2) All sewer lines shall be constructed of materials installed in a manner that is in accordance with the Department of Environmental Protection and the Allegheny County Health Department and shall have watertight joints.

V. Electrical system.

(1) Every park shall contain an electrical wiring system consisting of wiring, fixtures, equipment and appurtenances and shall be installed and maintained in accordance with the local electric power company's specifications, as well as applicable state and local codes regulating such systems.

(2) Power lines shall be located underground.

(3) All direct burial conductors or cable shall be buried at least 18 inches below the ground surface and shall be insulated and specially designed for the purpose. Such conductors shall be located not less than one-foot radial distance from water, sewer, gas, or communications lines.

(4) Each mobile home lot shall be provided with an approved disconnecting device and overcurrent protective equipment. The minimum service per outlet shall be 120/240 volts AC, 100 amperes.

(5) All exposed non-current-carrying metal parts of mobile homes and all other equipment shall be grounded by means of an approved grounding conductor run with branch circuit conductors of other approved method of grounded metallic wiring. The neutral conductor shall not be used as an equipment ground for mobile homes or other equipment.

W. Streetlighting. All mobile home parks shall be furnished with lighting units so spaced and equipped with luminaires placed at such mounting heights as will provide adequate levels of illumination for the safe movement of pedestrians and vehicles at night, which shall not be less than an average 0.4 footcandle on each street.

X. Telephone system. A telephone distribution system shall also be installed with connection to each mobile home lot, in accordance with telephone company regulations.

Y. Service buildings. The requirements of this section shall apply to service buildings, recreational buildings and other community service facilities when constructed, such as:

(1) Management offices, repair shops and storage areas;

(2) Laundry facilities; and

(3) Indoor recreation areas.

Z. Structural requirements.

(1) All portions of the structure shall be properly protected from damage by reason of ordinary uses, decay, corrosion, termites, and other destructive elements. Exterior portions shall be of such materials and be so constructed and protected as to prevent entrance or penetration of moisture and weather.

(2) All buildings shall have:

(a) Sound-resistant walls extending to the ceiling between male and female sanitary facilities. Walls and partitions in lavatories and other plumbing fixtures shall be constructed of dense, nonabsorbent, waterproof material or covered with moisture-resistant material.

(b) At least one window or skylight facing directly to the outdoors. The minimum aggregate gross area of windows for each required room shall be not less than 10% of the floor area.

(c) At least one window, which can be easily opened, or a mechanical device that will adequately ventilate the room.

(d) Toilets shall be located in separate compartments equipped with self-closing doors.

AA. Service buildings. All service buildings and other park service facilities and grounds shall be maintained in a clean, sightly condition free from any condition that will menace the health of any occupant or the public or constitute a nuisance or a fire hazard.

BB. Storage, collection and disposal. It shall be the responsibility of the operator of the park to contract for the collection of refuse. The storage, collection and disposal of refuse in the mobile home park shall be so conducted as to prevent health hazards, rodent harborage, insect breeding areas, accidents or fire hazards or air pollution and shall comply with the Allegheny County Health Department and all local regulations governing mobile home parks.

CC. Insect and rodent control. Grounds, buildings, and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform to the requirements of the Allegheny County Health Department regulations governing mobile home parks.

DD. Fuel supply.

(1) Natural gas piping systems, when installed in mobile home parks, shall be maintained in conformity with accepted engineering practices and the standards and regulations of the gas company.

(2) Each mobile home lot provided with piped gas shall have an approved shutoff valve installed upstream of the gas outlet. The outlet shall be equipped with an approved cap to prevent accidental discharge of gas when the cutlet is not in use.

(3) Liquefied petroleum gas systems provided for mobile homes, service buildings or other structures, when installed, shall be maintained in conformity with the rules and regulations of the authority having jurisdiction, including the National Fire Protection Association and the Building Officials and Code Administrators International, Inc., National Fire Prevention Code/1987, or as amended. These rules and regulations shall also include the following:

(a) Systems shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location.

(b) Systems shall have at least one accessible means for shutting off gas. Such means shall be located outside the mobile home and shall be maintained in effective operating condition.

(c) All liquefied petroleum gas piping outside of the mobile homes shall be well supported and protected against mechanical injury. Undiluted liquefied petroleum gas in liquid form shall not be conveyed through piping equipment and systems in mobile homes.

(d) Vessels of more than 12 and less than 60 US gallons' gross capacity shall be securely, but not necessarily permanently, fastened to prevent accidental overturning.

(e) No liquefied petroleum gas vessel shall be stored or located inside or beneath any storage cabinet, carport, mobile home, or any other structure unless such installations are specially approved by the authority having jurisdiction.

(4) Installation of fuel oil supply system.

(a) All fuel oil supply systems provided for mobile homes, service buildings and other structures shall be installed and maintained in conformity with the rules and regulations of the authority having jurisdiction, including the National Fire Protection Association.

(b) All piping from outside fuel-storage tanks or cylinders to mobile homes shall be securely, but not necessarily permanently, fastened in place.

(c) All fuel oil supply systems provided for mobile homes, service buildings and other structures shall have shutoff valves located within five inches of storage tanks.

(5) Storage tanks.

(a) All fuel storage tanks or cylinders shall be securely placed and shall not be less than five feet from any mobile home exit.

(b) Storage tanks located in areas subject to traffic shall be protected against physical damage.

EE. Fire extinguishers. Portable fire extinguishers of a type approved by the fire prevention authority shall be kept in public service buildings under park control, and a sufficient number shall be maintained throughout the park in readily accessible and well-marked positions. All fire extinguishers shall be maintained in good working condition.

FF. Fire protection. The mobile home park area shall be subject to the rules and regulations of the Pennsylvania Uniform Construction Code and subsequent editions issued thereafter.

GG. Fire hydrants.

(1) Fire hydrants shall be installed in accordance with the following requirements:

(a) The water supply source shall include a four-and-one-half-inch foot valve, two two-and-one-half-inch hose ports, and one pumper port. The water supply source shall be connected to a minimum six-inch lateral equipped with gate valves. The main shall also be a minimum of six inches.

(b) Each of two nozzles, held four feet above the ground, shall deliver at least 500 gallons of water per minute with a residual pressure of 20 pounds per square inch at the highest point in the park.

(c) Fire hydrants shall be located within 600 feet of every mobile home, service building or other structure in the park and shall be installed in accordance with the Township's specifications.

HH. Litter. Mobile home park areas shall be kept free of litter, rubbish, and other flammable materials.

II. Management responsibilities.

(1) The person to whom a license for a mobile home park is issued shall operate the park in compliance with this chapter and shall provide adequate supervision to maintain the park, its facilities, and equipment in good repair and in a clean, safe, and sanitary condition.

(2) The park management shall supervise the placement of each mobile home on its mobile home lot, which includes securing its stability and installing all utility connections and shall notify the Township Zoning Officer immediately after the installation of each new mobile home unit.

(3) The park management shall give the health officer free access to all mobile home lots, service buildings and other community service facilities for the purpose of inspection.

(4) The management shall maintain a register for the past two years containing the names of all park occupants, along with the date of arrival and departure. Such register shall be available to any authorized person inspecting the park. The management shall notify the appropriate officer, in accordance with state and local taxation laws, of the arrival and departure of each mobile home or residential occupants thereof.

(5) No lot in any mobile home park shall be rented for a period of less than 90 days.

(6) The owner of the mobile home park shall be responsible and shall provide for all maintenance of grounds, including individual lots and common open spaces, structures and roadways and pedestrian ways within the park.

JJ. Removal of mobile homes. No mobile home in a mobile home park shall be removed from the Township without first obtaining a permit from the Township Tax Collector and the Township Wage Tax Collector. The former permit shall be issued upon payment of a fee as set by the current Township of Pine fee schedule[2] and real estate taxes assessed against the home and unpaid at time the permit is requested, and the latter shall be free of charge upon payment of wage taxes due and unpaid at time the permit is requested.

[2] Editor's Note: See Ch. A144, Fees.

KK. Notice of violations. Whenever the Township Zoning Officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, or of any regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person to whom the permit or certificate was issued, as hereinafter provided. Such notice shall:

(1) Be in writing;

(2) Include a statement of the reasons for its issuance in accordance with the requirements of Section 616.1 of the Pennsylvania Municipalities Planning Code;[3]

[3] Editor's Note: See 53 P.S. § 10616.1.

(3) Allow a reasonable time for the performance of any act it requires; provided, however, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been served with such notice by any other method authorized or required by the laws of this commonwealth; and

(4) Contain an outline of remedial action, which, if taken, will effect compliance with the provisions of this chapter, or any part thereof, and with the regulations adopted pursuant thereto.

LL. Hearing procedures.

(1) Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter, or of any regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Zoning Hearing Board, provided that such person shall file in the office of the municipal authority, an application requesting such hearing and setting forth a brief statement of the grounds thereof within 10 days after the notice was served.

(2) The filing of the request for a hearing shall operate as a stay of the notice and the suspension.

(3) Upon receipt of such application, the Board shall set a time and place for such hearing and shall give the applicant written notice thereof.

(4) At such hearing, the applicant shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn.

(5) The hearing shall be commenced not later than 60 days after the day on which the application was filed, provided that, upon receipt of a written request from the applicant, the Board may postpone the date of the hearing for a reasonable time beyond such sixty-day period when, in its judgment, the applicant has submitted good and sufficient reasons for such postponement.

(6) A record of all proceedings shall be made, and a fee shall be charged the applicant to cover costs as permitted by the Pennsylvania Municipalities Planning Code.

§ 84-65 Mortuary.

Mortuaries may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant:

A. The minimum site area shall be one acre.

B. The site shall have frontage on and direct vehicular access to an arterial street or collector street.

C. Adequate area shall be provided on the site for vehicles to form a line and queue on the property.

D. Entrances, exits, and waiting lanes shall be adequately indicated by pavement markings.

§ 84-66 Motels and hotels.

Motels and hotels shall be subject to the following requirements:

A. No motel and hotel shall have a lot area less than 50,000 square feet or a lot area per sleeping unit of less than 1,000 square feet.

B. Front, side and rear yards of a motel and hotel shall be permanently landscaped and maintained in good condition.

C. Each motel or hotel sleeping unit shall have a minimum floor area of 400 square feet.

§ 84-67 No-impact home-based business.

A no-impact home-based businesses may be authorized by the Zoning Officer where permitted as a use secondary to a dwelling unit upon a finding that compliance with the following specific criteria have been established by the applicant. Where a no-impact home based business is permitted as a conditional use, it may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant:

A. No more than 15% or 350 square feet of the floor area of the dwelling units, whichever is less, shall be devoted to the no-impact home-based business.

B. No more than one person, other than residents of the dwelling or members of the immediate family, shall be employed.

C. No stock-in-trade shall be displayed or sold on the premises.

D. A no-impact home-based business shall not be conducted in any accessory structure.

E. There shall be no outdoor storage of commercial vehicles, equipment, or materials used in the no-impact home-based business.

F. Not more than one vehicle used in commerce shall be permitted in connection with any no-impact home-based business and any such vehicle shall be stored in an enclosed garage at all times.

G. The conduct of any no-impact home-based building, including but not limited to the storage of goods or equipment, shall not reduce or render unusable the garage required for parking for the dwelling unit.

H. Parking required for a no-impact home-based business shall be provided off the street and on the lot other than in a required front yard.

I. No mechanical, electrical, or other equipment, which produces noise, electrical or magnetic interference, vibration, heat, glare, or other nuisance outside the residential or accessory structure, shall be used.

J. No no-impact home-based business shall be permitted which is noxious, offensive or hazardous by reason of hours of operation, vehicular traffic, generation or emission of noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, refuse, radiation or other objectionable emissions.

K. No signage shall be allowed in the E-1, S-1, R-1, R-2, or R-3 Districts. In all other districts one unlighted sign, not over one square foot in area, attached flat against the dwelling and displaying only the occupant's name and occupation, shall be permitted to advertise the presence or conduct of the no-impact home-based business.

L. Instruction for no more than three attendees shall be allowed.

M. Any building or lot where more than two domesticated animals are housed, groomed, bred, boarded or trained in exchange for a fee or other compensation shall not be considered a no-impact home-based business.

§ 84-67.1 Nightclub.

[Added 11-16-2009 by Ord. No. 352]

A nightclub may be authorized by the Board of Supervisors as a conditional use upon a finding of compliance with this chapter (including § 84-137 thereof), as well as compliance with the following specific criteria have all been established by the applicant:

A. Location.

(1) There shall be only one nightclub permitted on a single lot or parcel.

(2) A nightclub shall be allowed in the C-1 District only.

(3) A nightclub shall not be located within 100 feet from any land or lot in the following Township of Pine Zoning Districts: E-1, S-1, R-1, R-2, R-3, or from any parcel of land or lot used principally as a residential use, whether situate in the Township of Pine or otherwise.

(4) A nightclub shall not create an enticement for minors because of its proximity to nearby uses where minors may congregate, including but not limited to schools, churches, or libraries.

(5) A nightclub shall be located principally within an enclosed building that has its main entrance facing upon State Route 19 and such entrance shall be the primary entrance used for the nightclub use. Outdoor areas used by a nightclub may only comprise an area equal to 10% of the indoor area used by the nightclub, and such outdoor area may only be used for dining purposes.

(6) Nightclubs shall not utilize outdoor speakers or generate noise in excess of the limits otherwise permitted by this chapter.

B. Measuring separation requirements.

(1) The separation requirements hereof shall be measured from the lot line of the lot used by the nightclub to the lot line of any residential district.

(2) Where a nightclub is located within a multitenant facility, such as a shopping center, measurement shall occur from the boundary of the leasehold interest, instead of the property line.

(3) The separation requirements hereof shall be measured in a straight line, without regard to intervening structures, from the closest point on each parcel.

C. Hours of operation. A nightclub may be open for business no longer than on Mondays through Thursdays from 10:00 a.m. to 12:00 midnight; on Fridays and Saturdays from 10:00 a.m. to 2:00 a.m. (the following day); and on Sundays from 10:00 a.m. to 10:00 p.m.. Such hours of operation may be further limited or restricted (as an additional condition) upon a finding that such is reasonable and necessary due to the proximity of the nightclub to adjacent uses.

D. A proposed night club must demonstrate specific compliance with the regulations concerning fire protection; lighting; noise limitations; odors; off-street parking; and off-street loading, all as required by Article VI (Requirements Applying to All Districts) of this chapter.

§ 84-68 Nursery.

Nurseries may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant:

A. In the case of a nursery, this chapter shall not be deemed to prohibit display of flowers or plants outside of an enclosed building, provided such display is within the lot lines no closer than 10 feet.

§ 84-69 Nursing home.

Nursing homes shall be subject to the following requirements:

A. The minimum site area required for a nursing home shall be one acre.

B. All nursing homes shall be licensed by the commonwealth.

C. The site shall be served by public water and public sewers.

D. Water pressure and volume shall be adequate for fire protection.

E. Ingress, egress, and internal traffic circulation shall be designed to ensure access by emergency vehicles.

F. The parking and circulation plan shall be referred to the Volunteer Fire Company for comments regarding traffic safety and emergency access.

G. Nursing homes shall have a bed capacity of at least 20 beds but no more than 200 beds.

H. A buffer yard shall be provided in accordance with the requirements of § 84-111 of this chapter.

§ 84-70 Offices.

Offices in structures 6,000 square feet or less, where permitted as a conditional use, may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant:

A. The site shall have frontage on and direct vehicular access to an arterial or collector street.

B. Ingress, egress, and internal traffic circulation shall be designed to minimize hazards and congestion.

C. A buffer yard shall be provided along all property lines adjoining residential uses or zoning classifications in accordance with the requirements of § 84-111 of this chapter.

§ 84-70.1 Natural gas compressor stations, natural gas processing plants and oil and gas development.

[Added 3-15-2021 by Ord. No. 393]

Natural gas compressor stations, natural gas processing plants, and oil and gas development may be authorized by the Board of Supervisors as a conditional use upon findings of compliance with the applicable requirements of this chapter (including § 84-137 thereof), and compliance with the following specific criteria, have all been established by the applicant:

A. An oil or gas well site which would be located more than 1,000 feet from any preexisting building which is not the same property as the oil or gas well site is allowable as a conditional use. Otherwise, such siting and/or use shall be prohibited.

B. A natural gas compressor station or a natural gas processing plant, or any similar facilities performing the equivalent functions, located more than 1,000 feet from any preexisting building which is not on the same property as the natural gas compressor station or the natural gas processing plant or similar facility is allowable as a conditional use. Otherwise, such siting and/or use shall be prohibited.

C. The provisions of this section shall apply to all oil and gas well sites, natural gas compressor stations, and natural gas processing plants upon which construction is begun after the effective date hereof.

D. Oil and gas well sites, natural gas compressor stations, and natural gas processing plants that were constructed prior to the effective date hereof shall not be required to meet the requirements of this section; provided, however, that any modification to an existing oil or gas well site that occurs after the effective date hereof and which materially alters the size, scope, type, location, number of wells and other accessory equipment or structures of such oil or gas well site, or any physical modifications to an existing natural gas compressor station or natural gas processing plant, shall require compliance with and approval, as a conditional use, pursuant to the provisions of this section.

E. Federal or state law or regulations preempt certain ordinance requirements that conflict with federal or state statute or regulation. The Township acknowledges that it is preempted from regulating the operational methods of the oil and gas industry and may only regulate land uses.

F. No oil or gas well site, natural gas compressor station, or natural gas processing plant or an addition to an existing oil or gas well site, natural gas compressor station, or natural gas processing plant shall be constructed or located within the Township unless an approval, as a conditional use, has been issued by the Township to the applicant, owner or operator (pursuant to the provisions of this section) approving the construction or preparation of the site for oil or gas development or for construction of natural gas compressor stations or natural gas processing plants.

G. The application for approval, as a conditional use, of an oil and gas development, oil or gas well site, natural gas compressor station, natural gas processing plant or for an addition to any of the aforesaid, shall be accompanied by a fee for same as established in the Township's schedule of fees (Chapter A144 of the Code of the Township of Pine).

H. Any modification to an existing and permitted oil or gas well site that materially alters the size, location, number of wells or accessory equipment or structures, or any modification to an existing and permitted natural gas compressor station or natural gas processing plant, shall require compliance with the provisions of this section and approval of a modification to the original approval issued by the Township pursuant to the provisions hereof. Like-kind replacements shall not require such a modification.

I. Before submitting an application pursuant to this section, the applicant is strongly encouraged to meet with the Township's 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's staff before entering into any commitments or incurring substantial expenses with regard to the oil or gas well site and plan preparation. A pre-application conference is optional on the part of the applicant and shall not be deemed the beginning of the time period for review as prescribed by law. Pre-application conferences are intended for the benefit of the applicant in order to address the required application submittals, are advisory only, and shall not bind the Township to approve any such application or to act within any time limit relative to the date of such conference.

J. The applicant shall provide the following to the Township at the time of initial submission of an application for conditional use approval:

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

(2) A narrative describing an overview of the project as it relates to natural gas compressor stations or natural gas processing plants.

(3) The address of the oil or gas well site, natural gas compressor station or natural gas processing plant, as such has been determined by the Township (or county) for information to be provided to Northern Regional Police Department, Wexford Volunteer Fire Company, and McCandless/Franklin Park Ambulance Authority (hereinafter collectively referred to as "emergency responders").

(4) The contact information of the individual or individuals responsible for the operation and activities at the oil or gas well site, natural gas compressor station, or natural gas processing plant, which contact information shall also be provided by the applicant to all emergency responders. Such information shall include a phone number where such individual or individuals can be contacted 24 hours per day, 365 days a year. Annually, or upon any change of relevant circumstances, the applicant shall update such information and provide it to the Township and all emergency responders.

(5) A location map of the oil or gas well site showing the approximate location of derricks, drilling rigs, equipment and structures and all permanent improvements to the site and any post construction surface disturbance in relation to natural and other surroundings. Included in this map shall be an area within the oil or gas well site for the location and parking of vehicles and equipment used in the transportation of personnel and/or development and use of the oil or gas well site. Such location shall include an off-street area within the property containing the oil and gas well site for vehicles to stand while waiting to gain access to the oil or gas well site (so that normal flow of traffic on public streets shall remain unimpeded thereby) and such shall be configured to allow for the normal flow of traffic on all public streets and same shall be required to remain undisturbed.

(6) A location map which shows the location(s) of any proposed natural gas compressor station or proposed natural gas processing plant, and which includes location(s) for any equipment and structures to be used and for all permanent improvements proposed for an oil and gas well site. For any permanent buildings to be erected on the oil and gas well site or for natural gas compressor stations or natural gas processing plants, building elevations and construction material descriptions shall be included with the location map.

(7) 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 oil or gas well site, natural gas compressor station, or natural gas processing plant. Such map shall indicate all state, county, and local roads and transportation infrastructure that may be used. The proposed routes must be designed to minimize impact on roads within the Township.

(8) A certification (or other evidence satisfactory to the Township) that, prior to the commencement of any activity at the oil or gas well site, natural gas compressor station, or natural gas processing plant, 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's solicitor, regarding the maintenance and repair of the Township's roads and streets that are to be used by vehicles for site construction, drilling activities and site operations.

(9) An inventory, analysis, and evaluation of existing road conditions on Township roads along the proposed transportation route identified in its development plan, including photography, video recording, and core boring as determined to be necessary by the Township's Engineer. The roadway maintenance and repair agreement will identify the responsibilities of the applicant-operator to prepare, maintain, and repair Township roads before, during and immediately after construction and drilling operations associated with the oil or gas well site, natural gas compressor station, or natural gas processing plant. The applicant-operator shall agree therein to take all necessary corrective action and measures as directed by the Township pursuant to the roadway maintenance and repair agreement to ensure the Township's roadways are repaired and maintained during and immediately after construction and, also, during drilling operations associated with the oil or gas well site or operation of the natural gas compressor station or natural gas processing plant.

(10) A description of, and commitment to maintain, safeguards that shall be taken by the applicant-operator to ensure that Township roads and streets used in construction or operation activities shall remain free of dirt, mud and debris resulting from site development activities and, also, the assurance of the applicant-operator that such roads and streets will be promptly swept or cleaned by it if dirt, mud and debris occur as a result of such usage.

(11) A copy of the preparedness, prevention and contingency plan of the applicant-operator for the proposed oil or gas well site, natural gas compressor station, or natural gas processing plant and verification that such a copy has also been provided to all emergency responders.

(12) A statement that the applicant-operator, upon changes occurring to the operation's preparedness, prevention and contingency plan, will provide to the Township and all emergency responders an updated, revised copy of the preparedness, prevention and contingency plan during such time as construction, drilling, extraction activities and/or any operations are taking place at the oil or gas well site, natural gas compressor station or natural gas processing plant.

(13) Assurance that, at least 30 days prior to commencement of drilling and/or any operations, the applicant-operator shall provide an appropriate site orientation and training course of the preparedness, prevention and contingency plan for all emergency responders regarding the oil or gas well site, natural gas compressor station, or natural gas processing plant. The cost and expense of the orientation and training shall be the sole responsibility of the applicant-operator. The applicant-operator shall not be required to hold more than one site orientation and training course annually.

(14) A copy of all documents concerning the proposed project submitted to the Department of Environmental Protection, or if no documents have been so submitted, a narrative describing the environmental impacts of the proposed project on the site and surrounding land and measures proposed to protect or mitigate such impacts.

(15) Copies of all permits and plans from appropriate federal, state, and county regulatory agencies or authorities issued in accordance to applicable environmental requirements, for the proposed use. Such permits shall include, but not be limited to, an ESCGP-1 permit and an "NPDES Construction Activities" permit for any regulated earth disturbance activity which is controlled by the Pennsylvania Department of Environmental Protection and/or Allegheny County Conservation District.

K. Within 30 business days after receipt of an application for conditional use approval and the required fee, the Township will determine whether the application is complete and adequate and advise the applicant accordingly.

(1) If the application has been determined to be complete and adequate, the Township shall then proceed to schedule such application for a public hearing (pursuant to public notice) in accordance with the applicable provisions of the Code of the Township of Pine and the Pennsylvania Municipalities Planning Code.

(2) If the application is determined to be incomplete and/or inadequate, the Township will notify the applicant of the nature of the missing or inadequate material.

L. Natural gas compressor stations, natural gas processing plants, and oil and gas development may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of the applicable provisions of this chapter, as well as the following specific criteria, have been established by the applicant:

(1) Access.

(a) No oil or gas well site, natural gas compressor station, or natural gas processing plant shall have access solely through a local street; whenever possible, access to the aforementioned uses should be from a collector street.

(b) Accepted professional engineering standards pertaining to minimum traffic sight distances for all access points, including those specified by regulations adopted by the Pennsylvania Department of Transportation, shall be adhered to and maintained.

(2) Structure height.

(a) Permanent structures associated with an oil or gas well site, both principal and accessory, shall comply with the general height regulations for the Township's zoning district in which the oil or gas well site is to be located.

(b) Permanent structures associated with natural gas compressor stations or natural gas processing plants shall comply with the general height regulations for the Township's zoning district in which the natural gas compressor station or natural gas processing plant is to be located.

(c) There shall be an exemption provided to the height restrictions herein otherwise specified for the temporary placement of drilling rigs, drying tanks, and other accessory uses necessary for the actual drilling or redrilling of an oil or gas well, subject to the following:

[1] The duration of such exemption shall not exceed the actual time period of drilling or redrilling of an oil or gas well.

[2] The time period of such drilling and exemption shall not exceed six months.

[3] The applicant or operator shall give the Township prior written notice of the beginning date for its exercise of the exemption.

(3) Setbacks.

(a) Drilling rigs shall be located a minimum setback distance of 1.5 times their height from any property line, public or private street, or building not related to the drilling operations on either the same lot or an adjacent lot.

(b) The drilling pad for the oil or gas well site shall comply with all general setback requirements of the Township's zoning district in which the oil or gas well site is to be located.

(c) Natural gas compressor stations or natural gas processing plants shall comply with all general setback requirements of the Township's zoning district in which the natural gas compressor station or natural gas processing plant is to be located.

(d) Exemption from the setback and buffer standards established in this subsection may be granted by the Township upon a showing by the applicant/operator that it is not feasible to meet the setback requirements from surface tract property lines and that adequate safeguards have or will be provided to justify the exemption.

(e) Drilling pads, natural gas compressor stations or natural gas processing plants shall be set back 200 feet from buildings or sites registered or eligible for registration on the National Register of Historic Places or the Pennsylvania Register of Historic Places.

(4) Screening and fencing.

(a) Security fencing shall not be required at oil or gas well sites during the initial drilling, or redrilling operations, provided that, in lieu thereof, manned twenty-four-hour on-site supervision and security is continuously provided by the applicant and/or operator.

(b) Upon completion of drilling or redrilling operations, security fencing (consisting of a permanent chain link fence with opaque cover) shall be immediately installed at the oil or gas well site to secure well heads, storage tanks, separation facilities, water or liquid impoundment areas, and other mechanical and production equipment and all structures on the oil or gas well site.

(c) Security fencing shall: be at least six feet in height; have an opaque covering; be equipped with lockable gates at every access point; and have openings no less than 12 feet wide.

(d) Emergency responders shall be given means to independently access all security measures present at the oil or gas well site in case of an emergency.

(e) Warning signs shall be placed on the security fencing surrounding the oil or gas well site and provide notice of the site's potential dangers and the appropriate contact information for use in case of an emergency.

(f) In construction of oil or gas well sites, the natural surroundings shall be considered and attempts made to preserve existing trees and other natural vegetation.

(5) Lighting.

(a) Lighting at the oil or gas well site, or other facilities associated with oil and gas development, either temporary or permanent, shall be directed downward and inward toward the activity, to the extent practicable, so as to minimize the glare on public roads and upon nearby buildings within 100 feet of the oil or gas well site.

(b) Lighting installed and used at a natural gas compressor station or a natural gas processing plant shall, when practicable, be limited to only security lighting.

(6) Noise.

(a) The applicant shall take the following steps to minimize, to the extent possible, noise resulting from an oil or gas well site, natural gas compressor station, or natural gas processing plant.

(b) Prior to drilling of an oil or gas well or the operation of a natural gas compressor station or a natural gas processing plant, the applicant shall establish, by generally accepted testing procedures, the continuous seventy-two-hour ambient noise level at the property line nearest a residence or public building, school, medical, emergency or other public facility, or 100 feet from the nearest residence or public building, medical, emergency or other public facilities, whichever point is closer to the affected residence or public building, school medical, emergency or other public facility. In lieu of the establishment of the ambient noise level established by the continuous seventy-two-hour test, the applicant may assume and use, for the purpose of compliance with this ordinance, a default ambient noise level of 55 dBA. The sound level meter used in conducting any evaluation shall meet the American National Standard Institute's standard for sound meters or an instrument and the associated recording and analyzing equipment, which will provide equivalent data.

(c) The applicant shall provide the Township with documentation of the established ambient noise level prior to commencement of oil and gas development or construction of a natural gas compressor station or natural gas processing plant.

(d) The noise generated during the operations of an oil or gas well, oil and gas development, natural gas compressor station or natural gas processing plant shall not exceed the previously established average ambient noise level (existing prior to the starting of such operations) by more than:

[1] Five decibels during drilling activities;

[2] Ten decibels during hydraulic fracturing (fracking) operations;

[3] Five decibels for a natural gas compressor station or a natural gas processing plant; provided, however, that this allowable increase shall not exceed the average ambient noise level for more than 10 minutes within any one-hour period.

(e) The operator shall install effective sound mitigation devices on all permanent facilities to address sound levels that would otherwise exceed the noise level standards when such facilities are located near a residence, public building, school, medical, emergency or other public facilities.

(f) The Township may grant an exemption from the noise standards established herein during the drilling stage or at the oil or gas well site, the natural gas compressor station, or the natural gas processing plant, for good cause shown and upon written agreement between the applicant/operator and the Township.

(g) Noise complaints received by the Township shall be addressed by the applicant-operator, within 24 hours following receipt of notification, through the applicant-operator's continuous monitoring of noise levels for a period of 48 hours at the nearest property line to the complainant's residential or public building or 100 feet from the complainant's residential or public building (including schools or medical, emergency or other public facilities), whichever is closer. The applicant-operator shall report the findings to the Township and shall mitigate the problem to the allowable level if the noise level exceeds the allowable rate.

(h) Natural gas compressor stations and natural gas processing plants, or facilities performing the equivalent functions shall be constructed so as to mitigate sound levels, or have installed mitigation devices to mitigate sound levels that would otherwise exceed the ambient noise level standards at residential or public buildings (including schools or medical, emergency or other public facilities).

(7) Prohibitions.

(a) No drilling of oil or gas wells shall be allowed in the floodway designated as such in the Flood Insurance Study (FIS) and shown on the Federal Emergency Management Agency (FEMA) maps.

(b) Drilling of oil or gas wells in the 100-year floodplain is discouraged, but may be permitted by the Township, in its discretion, if the following provisions are met:

[1] If no other area provides access to the oil or gas deposit, then oil and gas drilling may be permitted in the floodplain. The applicant must provide conclusive documentation that no other location allows access to the oil or gas deposit other then a location within the floodplain.

[2] An adequate emergency evacuation plan shall have been produced by the applicant and filed with the Township.

[3] No storage of chemicals shall be permitted within the floodplain. An exemption from this requirement may be granted by the Township if the applicant can show that such storage will not potentially cause any harm to property, persons or the environment in the case of a 100-year flood; and further provides security to the Township assuring the applicant's ability to remedy any damage or injury that may occur.

[4] Only necessary and needed structures will be permitted within the floodplain.

[5] All structures within the flood zone shall be designed to withstand a 100-year storm event.

[6] An engineer, registered in Pennsylvania and qualified to present such documentation that structures will not cause additional flooding on adjacent, upstream and/or downstream properties, shall provide such documentation to the Township.

(8) Violations, enforcement, penalties, remedies, and unsafe structures.

(a) Oil and gas development, oil or gas wells, oil or gas well sites, natural gas compressor stations, and natural gas processing plants shall all be subject to the provisions of Article X ("Administration") of this chapter regarding fees, notifications of violation, violations and penalties, other remedies, and unsafe structures.

(9) Compliance with certain other requirements.

(a) An oil and gas development, oil or gas well, oil or gas well site, natural gas compressor stations, and natural gas processing plants must demonstrate specific compliance with the conditions and regulations concerning: fire protection, hazardous materials, steep slope controls, and storm water management set forth in §§ 84-107, 84-110, 84-124 and 84-125, respectively, of Article VI ("Requirements Applying to all Districts") of this chapter. The provisions of the aforesaid §§ 84-107, 84-110, 84-124, and 84-125 are incorporated herein by reference as fully as if set forth at length herein.

(b) An oil and gas development, oil or gas well, natural gas compressor stations, and natural gas processing plants shall additionally comply with all of the separate conditions and regulations pertaining to excavations and grading set forth in Chapter 48 ("Excavations and Grading") of the Code of the Township of Pine. The provisions of the aforesaid Chapter 48 are incorporated herein by reference as fully as if set forth at length herein.

(c) Oil and gas development, including the development, construction and operation of oil or gas well sites, oil or gas wells, natural gas compressor stations, and natural gas processing plants, shall be subject to the separate conditions and regulations pertaining to contractors' offices, equipment sheds, and construction staging areas as set forth in Subsection E(2) of § 84-84 of Article V of this chapter. The provisions of the aforesaid Subsection E(2) of § 84-84 of Article V of this chapter are incorporated herein by reference as full as if set forth at length herein.

§ 84-71 Outdoor advertising signs.

Outdoor advertising signs may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant:

A. The submission by the applicant of a land development application, which shall contain the information, maps, plans and narrative and graphic materials set forth in Chapter 78, Article IV, § 78-20D of the Code of the Township of Pine.

B. All lots upon which outdoor advertising signs are to be located must conform to the area requirements of the C-1 Zoning District, be located entirely within that zoning district and, in addition, have frontage on State Route 19 between the Township's northern boundary and the Pine Meadow Drive/Swinderman Road intersection with Route 19 only.

C. The leased portion of any lot upon which the outdoor advertising is to be located shall contain a minimum of 5,000 square feet in area.

D. All outdoor advertising signs shall contain only one face for the display of lettered, written, printed, pictorial, or sculpted matter on only one side of its structure, and such face shall be oriented to be viewed from only one direction of travel from the nearest adjacent roadway (cross roadway viewing shall not be permitted).

E. The display area upon the face of an outdoor advertising sign shall be a maximum of 300 square feet (12 feet by 25 feet), and all portions of any display shall fit within such area with no extensions beyond the edge of the outdoor advertising sign's framework.

F. All utility lines serving the outdoor advertising sign, or those extended to provide such service, must be installed completely underground. Such requirement may be waived if the outdoor advertising sign is powered by nontraditional alternative energy sources (for example solar power).

G. All outdoor advertising signs shall be set back from the below described items as follows:

(1) From a roadway intersection: 300 feet.

(2) From any other outdoor advertising sign (whether such is located in the Township of Pine or otherwise) on the same side of the roadway: 1,200 feet.

(3) From any other outdoor advertising sign (whether such is located in the Township of Pine or otherwise) on the opposite side of the roadway: 600 feet.

H. The maximum height of outdoor advertising signs shall not exceed 20 feet, as measured from the grade of the roadway from which the advertising message is principally visible, and the bottom edge of the outdoor advertising sign shall be no more than eight feet above the elevation of the adjacent roadway, which height shall be sufficient to prevent unauthorized access upon the outdoor advertising sign.

I. A buffer yard shall be required between outdoor advertising signs and any adjacent lot(s). Such buffer yard shall be a minimum of 40 feet and shall conform to the standards for a major separation buffer yard set forth in § 84-111B of this chapter.

J. The land area utilized for an outdoor advertising sign shall not be otherwise required to support another underlying use upon such lot, including, but not limited to, buffer yard, parking area or setback necessary to any preexisting use upon such lot.

K. All displays on the face of outdoor advertising signs shall be stationary, and no animated, sequential, flashing, moving, or oscillating signs or displays shall be permitted.

L. Except as otherwise specifically provided within this section, illumination of outdoor advertising signs shall comply with the requirements of § 84-121.

M. Illumination of the display shall be designed so that it shall be focused on the face of the display itself so as to prevent glare upon the surrounding area. All sources of illumination shall be external and equipped with shields to prevent spillage of light off the display.

N. Except as otherwise may be specified herein, all development of outdoor advertising signs shall comply with the following of the land development standards contained in § 84-23 (Town Center Design Overlay District) of this chapter, specifically those pertaining to greenways, § 84-23D(5), sidewalks, § 84-23D(7), and streetlighting, § 84-23D(9). In the immediate vicinity of the outdoor advertising sign, plantings within the greenway shall be limited to shrubbery, ground cover and understory trees so as to not block the display of its visual image from the adjacent roadway.

O. All income derived from the outdoor advertising sign by its owner and the owner of the land upon which it is located shall be subject to earned income/net profit tax in accordance with Chapter A145 of the Code of the Township of Pine, Act 511 of 1965, Pennsylvania's Local Tax Enabling Act, (53 P.S. § 6901 et seq.) and otherwise applicable law.

P. All outdoor advertising signs (including any and all supporting structures thereof) shall be dismantled and removed from the premises upon which they are located within 180 days of there cessation of use.

Q. All outdoor advertising signs shall be constructed to all applicable structural standards for such devises, and all applications for the conditional use approval shall verify compliance with such standards as documented and sealed by a registered engineer.

R. All outdoor advertising signs shall be maintained by their owner in a state of repair so that they are as safe and as functional as when originally installed.

S. No outdoor advertising sign shall be constructed or erected until an applicant thereof has made an application for same (which shall include a copy of a written lease for use of the land if the applicant is not the owner thereof) and paid the applicable fee thereof (as set by separate ordinance or resolution of the Board of Supervisors) and received a permit thereof from the Township of Pine.

T. Outdoor advertising shall be required to obtain any necessary permit from and to conform, in all respects, to any regulation thereof promulgated by an agency of the Commonwealth of Pennsylvania, including, but not limited to its Department of Transportation.

U. When changeable light emitting diode (LED) lighting is utilized to create the sign face, such lighting shall automatically adjust the LED light levels of the sign face to account for the ambient lighting so as not to create significant glare or a measurable footcandle level of 0.5 or greater, as such level is measured at the road right-of-way line.

[Added 11-16-2009 by Ord. No. 352]

§ 84-72 Outdoor seating.

Outdoor seating, associated with a principal use, shall be subject to the following requirements:

A. Outdoor seating abutting a restaurant is allowed in any commercial district.

B. The restaurant shall meet all applicable requirements of the Township, county, and state.

C. Along any sidewalk where parallel parking of motor vehicles is permitted, an additional four feet of unobstructed space adjacent to the curb is required to allow for discharging passengers.

§ 84-73 Park and ride facilities.

Park and ride facilities may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant:

A. Park and ride facilities shall be used exclusively for parking of passenger vehicles.

B. Bicycle parking shall be included for a minimum of two bicycles.

C. Park and ride facilities shall be equipped and controlled to discourage illegal parking, vandalism and other unlawful or nuisance-creating activities. When so equipped and controlled, such lots and garages may be open 24 hours a day.

D. No sign of any kind other than conditions of use shall be maintained on any park and ride facility.

E. All park and ride facilities shall include litter receptacles, benches, and shelters to accommodate the number of vehicles proposed in the facility.

F. Park and ride facilities shall be designed in accordance with § 84-116, Off-street parking.

G. Park and ride facilities shall be subject to the payment of transportation impact fees based on the vehicle trips generated in the p.m. peak hour.

H. A traffic report must be submitted as part of an application for any park and ride facility.

§ 84-74 Patio homes.

Patio homes, where permitted as a conditional use, may be authorized by the Board of Supervisors as a conditional use upon finding that compliance with the requirements of this chapter, as well as the following specific criteria have been established by the applicant:

A. A patio home development must have a minimum of five acres.

[Amended 11-16-2009 by Ord. No. 352]

B. A patio home development shall have a maximum density of six units per acre.

[Amended 11-16-2009 by Ord. No. 352]

C. Individual patio homes shall not be attached to another patio home by a common wall.

D. Common open space requirements:

(1) A minimum of 15% of the land area of the development site shall be designated as common open space. The calculation of such common open space shall specifically not include streets, parking, right-of-way, detention ponds, or access to detention ponds. Any land lying within 15 feet of any building shall not be considered part of the required open space.

(2) The common open space shall be developed and maintained subject to the standards set forth in § 84-119 of this chapter and shall contain the park and recreational facilities mandated therein.

E. Each patio home shall have an attached garage of sufficient size to accommodate two vehicles. Such garages shall not have their garage doors facing the street.

F. Individual lots designed for a patio home development may contain less than the required acreage and lot frontage normally required in the zoning district. However, such lot size shall not contain less than 6,500 square feet, and such lot frontage shall not contain less than 50 feet of frontage.

G. Individual lots designed for a patio home development may contain reduced yard setbacks from the normally required yards of the zoning district. However, such yard requirements shall not be less than 25 feet for front yards, five feet for side yards, and 25 feet for rear yards.

§ 84-75 Place of worship.

Places of worship, where permitted as a conditional use, may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant:

A. Parking shall be fully screened, as outlined in § 84-116 and located at least 50 feet from any residential district.

B. Shared parking with surrounding uses is encouraged for all places of worship.

C. Signs shall conform to the requirements of § 84-121.

§ 84-76 Public and semipublic uses.

Public and semipublic uses, where permitted as a conditional use, may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant:

A. The minimum site required shall be one acre.

B. Any outdoor recreation area adjoining a residential use or zoning district shall be screened by a buffer yard, which shall be in conformity with the provisions set forth in § 84-111 of this chapter.

C. Any outdoor storage of materials or equipment or other activity, which is required to be done outdoors, such as composting, chipping or recycling, shall be screened from adjoining residential properties by a six-foot opaque fence and by a buffer yard.

D. All other activities and operations shall be conducted within a completely enclosed building.

E. Buildings which house public safety or maintenance vehicles shall be located on the site so that vehicles and equipment can be maneuvered without interrupting traffic flow or blocking public streets.

F. Ingress and egress shall be designed to maximize sight distance along adjacent public streets.

§ 84-77 Recreation facilities.

Recreation facilities, where permitted as a conditional use, may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant:

A. Such recreational facility will be a benefit or convenience to the neighboring residents of the Township.

B. Such recreational facility will not cause any potentially detrimental effect on surrounding property values.

C. Such recreational facility will not cause any potential disruption or nuisance of or to adjacent lots or residences.

D. Any proposed recreational facility will not cause any detrimental effect to the public health, safety, morals, or general welfare of the Township residents.

E. Any proposed recreational facility will not interfere or be inconsistent with the residential character of the E-1, S-1, R-1, R-2 or R-3 Districts.

§ 84-78 Recreational vehicles.

Recreational vehicles shall be subject to the following requirements:

A. No recreational vehicle shall be erected, used, or maintained for living or residential purposes in the Township.

B. Unoccupied recreational vehicles not in use shall be parked or stored in a garage or rear yard. When parked in the rear yard, the recreational vehicle must be fully screened from adjacent residential properties.

C. Recreational vehicles shall not be stored or parked on a public street or in the front or side yard of a dwelling unit.

§ 84-79 Restaurants without drive-throughs.

Restaurants without drive-throughs, where permitted as a conditional use, may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant:

A. The restaurant use shall not cause any potential disruption or nuisance to surrounding uses or have a detrimental effect on surrounding property values.

B. There shall be no disruption to the surrounding business neighborhood.

C. The main structure, which contains the restaurant, shall have all approvals required by the Township.

§ 84-80 Restaurants with drive-through.

Restaurants with drive-throughs shall be subject to the following requirements:

A. Any establishment that includes a drive-through facility shall provide a minimum of five queuing spaces in tandem with a minimum total length of 100 feet in direct line with each window or stall for vehicles to wait in line.

B. The queuing spaces shall be located so as to not interfere with the use of any parking spaces or the free flow of traffic on the site and shall be adequately striped and indicated with directional signs.

§ 84-81 Retail sales and services.

Retail sales and service shall be subject to the following requirements:

A. All sales, displays and storage shall be conducted within a completely enclosed building, except as may be permitted by special permission from the Board of Supervisors.

B. Ingress, egress, and traffic circulation on the site shall be designed to minimize hazards and congestion.

C. The site shall have frontage on and direct vehicular access to an arterial or collector street.

D. buffer yards shall be provided in accordance with the requirements of § 84-111 of this chapter.

E. Retail sales and services with drive-through.

(1) Any establishment, which includes a drive-in facility, shall provide a minimum of five queuing spaces in tandem with a minimum total length of 100 feet in direct line with each window or stall for vehicles to wait in line.

(2) The queuing spaces shall be located so as to not interfere with the use of any parking spaces or the free flow of traffic on the site and shall be adequately striped and indicated with directional signs.

§ 84-82 Single-family dwellings, attached infill, attached new developments.

Single-family dwellings, where permitted as a single-family, attached infill or single family, attached new development, and where permitted as a conditional use, may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant:

A. All new subdivisions with single-family dwellings shall have a minimum two entrances if over 50 units are proposed.

B. Single-family dwellings in commercial districts.

(1) Single-family dwellings in the B-1 and C-2 Districts shall be subject to the minimum lot area, lot width and yard requirements of the R-1 District.

(2) Single-family dwellings shall be constructed on existing lots of record, and no further subdivision of B-1 classified property to accommodate new construction of single-family dwellings shall be permitted.

C. Parking requirements of § 84-116 shall be met for the dwelling.

D. Floor area requirements. The floor area requirements for single-dwelling units are as follows:

	Number of Stories	Minimum Ground Floor Living Area (excluding garage and porch floor area)	Minimum Floor Living Area Per Dwelling (excluding garage and porch floor area)
	Less than 2	1,200 sq. ft.	1,200 sq. ft.
	2 or more	900 sq. ft.	1,200 sq. ft.

E. Additional requirements for single-family dwelling, attached (new developments).

(1) The minimum gross land area of the development site shall be 10 acres for attached single-family dwelling.

(2) The maximum density (dwelling units per acre) shall be four units per acre (excluding roadways).

(3) Building height.

(a) No attached single-family dwelling buildings shall have a height greater than three habitable stories or 35 feet.

(b) Chimneys, spires, tanks, or similar architectural projections may exceed the prescribed height by not more than 25%.

(4) A buffer yard, in accordance with the provisions of § 84-111 in this chapter, shall be provided along any zoning district line or residential use to provide proper separation for abutting residential property.

(5) Facades.

(a) No building shall have a length or a width greater than 300 feet.

(b) Single-family attached dwellings shall have no more than three consecutive dwellings with identical facades with identical front yard setbacks.

(c) Alternating groups of three facades may have identical setbacks.

(d) A visual structural break either in roofline or front facade shall be provided between every attached single-family dwelling.

(e) The requirements determining the spacing of buildings shall be flexible so as to encourage imaginative site design. The spaces between buildings shall be of sufficient size to guarantee adequate light, air, and emergency access. However, the minimum space permitted between any two buildings shall be 20 feet.

(6) Common open space.

(a) A minimum of 15% of the land area of the development site shall be designated as common open space. The calculation of such common open space shall specifically not include streets, parking, rights-of-way, detention ponds, or access to detention ponds. Any land lying within 15 feet of any building shall also not be considered part of the required common open space.

(b) The common open space shall be developed and maintained subject to the standards set forth in § 84-119 of this chapter and shall contain the park and recreation facilities mandated therein.

(7) Off-street parking areas.

(a) Parking spaces shall be provided for a minimum of two vehicles per dwelling unit.

(b) A minimum of 40% of such required parking shall be provided in enclosed structures.

(8) Streetlights.

(a) Streetlights shall be required to be provided along all streets and access drives within the development and in all off-street parking.

(b) The light intensity at any lot line shall not exceed 0.5 footcandles. Where light is reflected in a street area, the intensity measurement shall be made on the right-of-way line across the street from where the light emanates and shall not exceed 0.5 footcandles at such point of measurement.

(c) The maximum wattage permitted using metal halide as a source shall be 150 watts.

(9) Balconies or decks, if provided, shall not extend into any required yard and shall not extend more than eight feet from the face of any principal building.

(10) Chimneys, spires, tanks, or similar architectural projections may exceed the prescribed height by not more than 25%.

(11) A buffer yard shall be provided in accordance with the provisions of § 84-111 of this chapter along any residential use or district.

F. Additional requirements for single-family dwellings, attached (infill).

(1) Infill single-family dwellings shall be consistent in size, architecture, and character with neighboring structures.

§ 84-83 Swimming pools, private and public.

[Amended 8-5-2013 by Ord. No. 366; 3-15-2021 by Ord. No. 393]

Swimming pools, where permitted as a conditional use, may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant:

A. Private swimming pools.

(1) A private swimming pool shall be any artificially contained or man-made body of water used primarily for swimming and not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than 1 1/2 feet.

(2) No such swimming pool shall be allowed in any district except as an accessory use, subject to the following conditions and requirements:

(a) The pool is intended and is to be used solely for the noncommercial use and enjoyment of the occupants and guests of the lot on which it is located.

(b) It shall not be located, including accessory pool structures adjacent thereto, closer than 20 feet to any lot lines of the lot on which the principal structure is located.

B. Community or club swimming pools, public.

(1) A community or club swimming pool shall be any pool constructed by an association of property owners or by a private club for the use and enjoyment by members of the association or the club and their families and guests.

(2) Community and club swimming pools shall comply with the following additional conditions and requirements:

(a) The pool and any accessory structures thereto, and any lounging areas used by the bathers, shall not be closer than 100 feet to any adjacent lot line unless otherwise approved as a required recreation facility within a residential subdivision and then the pool, lounging areas used by the bathers and any accessory structures thereto, shall not be closer than 20 feet to any adjacent lot line.

(b) The pool, any accessory structure and any lounging area shall be enclosed with a fence six feet in height, and this fence shall be locked at all times when the pool is unattended.

C. Barrier requirements.

(1) A community or club swimming pool and all private swimming pools shall be enclosed with a barrier or fence meeting the following requirements:

(a) The top of the barrier shall be not less than 48 inches above grade for private swimming pools and not less than 72 inches above grade for community or club swimming pools when measured on the side of the barrier that faces away from the pool. Such height shall exist around the entire perimeter of the pool and for a distance of three feet measured horizontally from the outside of the required barrier.

(b) The vertical clearance between grade and the bottom of the barrier shall not exceed two inches. The vertical clearance between a solid surface below the barrier, such as concrete and the bottom of the required barrier shall not exceed four inches.

(c) Where the top of the pool is above grade but less than 48 inches above grade, a barrier meeting the requirements of this section shall be installed on grade or shall be mounted on top of the pool structure. Where the barrier is mounted on the top of the pool the vertical clearance between the top of the pool and the bottom of the barrier shall not exceed four inches.

(d) Openings in the barrier shall not allow passage of a four-inch diameter sphere. Where horizontal members are spaced more than 45 inches apart, vertical members spacing is not permitted to exceed four inches. If horizontal members are spaced less than 45 inches apart vertical members spacing is not permitted to exceed one inch.

(e) Access gates shall be self-closing, self-latching, open outward and lockable. The latches or release mechanism of the pedestrian access self-closing gates shall be located not less than 54 inches from grade. If the release mechanism is located less than 54 inches above finished grade, it shall be located on the pool side of the gate not less than three inches below the top of the gate, and the gate barrier shall not have openings greater than 34 inches within 18 inches of the release mechanism.

(f) Access ladders shall be removed or rendered inoperative when the pool is not attended unless the pool is enclosed with a barrier or fence meeting the requirements of this chapter.

D. Owners of any pool in existence, or in the process of construction, as of the effective date of this chapter shall, within 90 days after the effective date of this chapter, comply with the fencing requirements aforesaid.

§ 84-84 Temporary uses.

Except as otherwise expressly provided in this section, temporary uses are permitted subject to the standards hereinafter established.

A. Approval. Temporary uses may be permitted when approved by the Board of Supervisors on the basis of the adequacy of the parcel size, parking provisions and traffic access and the absence of any undue adverse impact on surrounding properties in the district.

B. Parking. Before approving any temporary use, the Board of Supervisors shall make an assessment of the total number of off-street parking spaces which shall be reasonably required for the particular use, its intensity, and the availability of other parking facilities in the area, and shall approve such temporary use only if such reasonably requested off-street parking is provided.

C. Hours or days of operation. No temporary use shall be operated during any hours or on any days of the week except such as are designated by the Board of Supervisors on the basis of the nature of the temporary use and the surrounding existing uses on adjoining and adjacent properties.

D. County and state approval/permits. No temporary use shall be operated without all of the required county and state approvals and permits.

E. Specific uses.

[Amended 3-15-2021 by Ord. No. 393]

(1) Carnival, circus, festivals or outdoor shows.

(a) A carnival, circus, festival, or outdoor show may be permitted in any district on property owned by any not-for-profit group or organization.

(b) Such use shall be limited to a period not to exceed three days.

(c) Such use shall be limited to two events/year for each group or organization.

(d) Police security, crowd control, and traffic control shall be provided for the duration of the use.

(e) The hours of operation shall be limited to 8:00 a.m. to 10:00 p.m.

(f) Such use need not comply with the front yard requirements of this chapter except that structures or equipment that might block the view of operators of motor vehicles on the public streets shall not be located within 30 feet of the intersection of the curblines of any two streets.

(g) Such use need not comply with the maximum height requirements of this chapter.

(2) Contractors' offices, equipment sheds and construction staging areas.

(a) Contractors' offices, equipment sheds and construction staging areas containing no sleeping or cooking accommodations may be permitted in any district when accessory to a construction project.

(b) Temporary storage shall be allowed as an accessory use to the contractor's office or equipment shed.

(c) Such use shall be limited to a period not to exceed the duration of such construction project.

(3) Indoor and outdoor art/craft shows, exhibits and sales.

(a) Indoor and outdoor art and craft shows, exhibits and sales may be permitted in any commercial district, or in any public park in a residential district subject to prior approval of the Township.

(b) The hours of operation shall be limited to 8:00 a.m. to 10:00 p.m.

(c) Police security, crowd control, and traffic control shall be provided for the duration of the use.

(d) Such use shall be limited to a period not to exceed five days.

(e) Such use shall be limited to two events/year for each applicant.

(4) Mobile food vendor.

(a) A mobile food vendor may be permitted in any zoning district subject to prior approval of the property owner where the mobile food vendor is to be located.

(b) A mobile food vendor shall utilize approved parking areas and shall not be located on the cart-path of a public street or block the view of operators of motor vehicles on the public streets or be located within 30 feet of the intersection of the curb lines of any two public streets.

(c) A mobile food vendor or group of mobile food vendors shall not reduce the required parking for the use in which the mobile food vendor is located.

(d) The hours of operation shall be limited to 8:00 a.m. to 10:00 p.m.

(e) A mobile food vendor shall be limited to operating no more than five hours at any one location unless such use is for the purpose of a private event that does not include retail sale to the general public and is located entirely on private property.

(f) A mobile food vendor shall be limited to operating no more than a total of 30 days annually within the Township of Pine.

(5) Real estate offices.

(a) Real estate offices containing no sleeping or cooking accommodations unless located in a model dwelling unit may be permitted in any zoning district when accessory to a new housing development.

(b) Such use shall be limited to the period of the active selling or leasing of dwelling units in such principal new housing development not to exceed one year.

(6) Seasonal sales. Seasonal sales, including, but not limited to, Christmas tree sales, may be permitted in any commercial zoning district subject to the otherwise applicable provisions of this chapter and the following specific requirements.

(a) Such use shall be limited to a period not to exceed 45 days.

(b) Display of Christmas trees need not comply with the yard and setback requirements of this chapter, except that no tree shall be displayed within 30 feet of the intersection of the curblines of any two streets.

(7) Other temporary uses.

(a) Other temporary uses shall not exceed a period of three days.

(b) Uses identified in specific zoning districts in this chapter as conditional or as limited uses shall be limited to no more than 24 hours, no more than two times per year in that district.

§ 84-85 Trade schools.

Trade schools, where permitted as a conditional use, may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant:

A. Any outdoor storage of materials or equipment or other activity, which is required to be done outdoors, such as composting, chipping, or recycling, shall be screened from adjoining residential properties by a six-foot opaque fence and by a buffer yard.

B. All other activities and operations shall be conducted within a completely enclosed building.

C. The minimum site required shall be one acre.

D. Ingress and egress shall be designed to maximize sight distance along adjacent public streets.

§ 84-86 Vehicle repair stations.

Vehicle repair stations, where permitted as a conditional use, may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant:

A. No such use shall be established on a property located within 50 feet of any residential district boundary line.

B. All vehicles located on the premises and awaiting repairs shall be subject to an active work order and shall be stored in an enclosed principal building.

C. All repairs shall be performed within an enclosed principal building on the premises.

D. All permanent storage shall be within the principal building, with the exception of refuse and trash which shall be stored in closed containers and in an area screened from view at all points on any public or private property or street when viewed from ground level.

E. No petroleum products or hazardous wastes shall be buried or disposed of on the premises.

F. Any used tires kept on the premises shall be covered, screened and removed from the premises at regular intervals and shall not exceed 20 in number at any time.

G. Sufficient screening shall be provided along all lot lines abutting or adjacent to residentially zoned or developed property to block any view of repair operations and stored material and equipment from all points on such residential property when viewed from ground level.

H. Landscaping shall be a minimum of 10 feet in width along all street frontage(s).

I. Any business engaged in a towing service shall remove from the lot any vehicles within 24 hours, unless they are stored in a building or subject to an active work order.

§ 84-87 Vehicle sales.

Vehicle sales may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant:

A. The minimum site area shall be two acres.

B. No such use shall be located within 50 feet of any residential district boundary line.

C. No vehicle or other merchandise displayed outdoors shall be closer than five feet from any property line, buffer yard or right-of-way line. No vehicle shall be parked on adjacent property or in any public right-of-way and adequate spacing of vehicles and merchandise shall be maintained to allow access around vehicles and merchandise.

D. The site shall have frontage on and direct vehicular access to an arterial or collector street.

E. All lots used for the outdoor display of automobiles shall have a completely enclosed building on the same lot which has not less than 2,000 square feet of gross floor area where all repairs, servicing, sales and customer car washing shall be performed.

F. Storage.

(1) Outdoor vehicle storage shall be surfaced with an asphalt or portland cement binder pavement providing an all-weather, durable and dustless surface and shall be graded and drained to dispose of surface water accumulation by means of a positive stormwater drainage system.

(2) Customer vehicles with external damage awaiting repairs shall be stored either inside a building or in an outdoor area, which is screened by a six-foot hedge or opaque fence.

(3) All permanent storage of material, merchandise and equipment shall be within the principal building, with the exception of refuse and trash which shall be stored in closed containers and in an area screened from view at all points on any public or private property or street when viewed from ground level.

G. Landscaping.

(1) A buffer yard shall be provided along all boundary lines.

(2) Such buffer yard shall be in conformity with the standards for the same set in § 84-111 of this chapter.

(3) The buffer yard shall be along abutting property to block any view of repair operations and stored material and equipment from all points on such property when viewed from ground level.

(4) Landscaping areas shall be a minimum of 10 feet in width along all street frontage(s) and adjacent properties.

H. All required off-street parking spaces shall be reserved exclusively for the parking of customer and employee vehicles and shall not be used for the display of merchandise.

I. No strings of lights or flags, flashers or other display paraphernalia shall be permitted on the lot, on any of the structures or poles or on merchandise displayed outdoors, except for such signs as may be otherwise allowed by this chapter.

J. Repairs.

(1) Repair of vehicles shall not be permitted on a vehicle sales lot.

(2) No vehicle shall be displayed or offered for sale, which does not have all of the mechanical and body components necessary for the safe and lawful operation thereof on the streets and highways of the Commonwealth of Pennsylvania.

§ 84-88 Vehicle service stations.

Vehicle service stations, where permitted as a conditional use, may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant:

A. No open-air, outdoor storage of materials, merchandise, and equipment shall be permitted.

B. Location of gasoline pumps and fuel.

(1) Gasoline pumps shall be located at least 40 feet from the center line of the right-of-way of any street.

(2) All fuel, oil, or similar substances shall be stored at least 25 feet from any property line.

C. All vehicle parts, dismantled vehicles, and similar materials shall be stored within a completely enclosed building. All minor repair work, vehicle washing and lubricating shall be conducted within a completely enclosed building.

D. A minimum fifteen-foot buffer shall be maintained between the use and all adjoining properties. Screening shall be provided along all lot lines abutting adjacent property to block any view of vehicle service station operations and stored material and equipment from all points on such property when viewed from ground level.

E. In addition to the sign restrictions outlined in § 84-121, when calculating signage square footage for vehicle service stations, all signage shall be included.

F. There shall be no more than one motor vehicle per employee and employer plus three customer vehicles per repair bay, parked outside an enclosed building at any time.

G. Queuing lanes shall be subject to the requirements applying to all districts in § 84-117.

H. Landscaping.

(1) Buffer yards shall be provided as required by and in conformity with the standards for the same set in § 84-111 of this chapter.

(2) Landscaping shall be a minimum of 10 feet in width along all street frontage(s).

I. Refuse and trash shall be stored outdoors only if placed in closed containers located in an area screened from view at all points on any public or private property or street when viewed from ground level.

§ 84-89 Warehouse.

A warehouse may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant:

A. No curb cuts or driveways that provide access to or from a residential street shall be used or established.

B. No curb cuts or driveways shall be located within 150 feet of any residential district boundary line.

C. No trucks, tractors or trailers shall be maneuvered, parked, fueled, stored, loaded or unloaded within 100 feet of any residential district.

D. No vehicles or equipment accessory thereto shall operate engines or motors for refrigeration or other purposes between the hours of 10:00 p.m. and 7:00 a.m. the following day unless parked more than 150 feet from any residential district.

E. The applicant shall submit an analysis of the traffic impact of the proposed development that addresses the following:

(1) Projections of required parking;

(2) On-site-generated and off-site traffic to be expected on streets in the vicinity upon completion of the proposed development;

(3) Recommendations for techniques or improvements to deal with any projected traffic congestion or conflicts.

§ 84-90 Warehouse sales.

Warehouse sales may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant:

A. In addition to the requirements for a warehouse in § 84-89, warehouse sales operations must provide parking for customers in accordance with § 84-116.

§ 84-91 Veterinary services.

Veterinary services shall be subject to the following requirements:

A. All kennels and other facilities for the housing, boarding and keeping of animals upon the premises shall be located within an entirely enclosed building or structure.

B. Noise and odors shall comply with the limits set forth in this chapter.

C. No outdoor area for the use of animals shall be permitted.

§ 84-92 Wind conversion systems.

Wind conversion systems shall be subject to the following requirements:

A. In any district, wind conversion systems are allowed as an accessory use only to the principle structure.

B. A windmill may exceed the maximum height requirements of this chapter provided that if the windmill would have a setback from lot lines of less than its total height, the applicant shall provide a written certification from a professional engineer stating that the construction of the windmill will not create a hazard to neighboring properties or traffic as a result of severe weather conditions and any reasonably expected corrosion over time.

C. All wind conversion systems shall be subject to the noise limitations of this chapter.

D. No wind conversion system may be installed without first securing a construction permit from the Township.

§ 84-93 Other uses not listed.

Other uses not listed may be authorized by the Board of Supervisors as a conditional use upon a finding that compliance with the requirements of this chapter, as well as the following specific criteria, have been established by the applicant:

A. Uses of the same general character as any of the uses authorized as permitted uses or conditional uses in the zoning district shall be allowed, provided that the governing body determines that the impact of the proposed use on the environment and adjacent streets and properties is equal to or less than any use specifically listed in the zoning district. In making such determination, the governing body shall consider the following characteristics of the proposed use:

(1) The number of employees.

(2) The floor area of the building or gross area of the lot devoted to the proposed use.

(3) The type of products, materials, equipment, and/or processes involved in the proposed use.

(4) The magnitude of walk-in trade.

(5) The traffic and environmental impacts and the ability of the proposed use to comply with the performance standards of Articles V and VI of this chapter.

B. The proposed use shall comply with all applicable area and bulk regulations of the zoning district in which it is located.

C. The proposed use shall comply with any applicable express standards and criteria specified in Article V for the most nearly comparable conditional use listed in the zoning district in which it is proposed.

D. The proposed use shall be consistent with the statement of community development objectives of this chapter.