These performance standards are established to provide additional general and specific requirements for certain permitted, accessory and special exception uses listed in Articles IV through XII of this chapter. If the zoning district regulations are determined to be in conflict with the following standards, the most restrictive regulations shall be applied, unless otherwise stated.
A.
General.
(1)
An accessory structure attached to the principal building is considered
a part of the principal building for all regulatory purposes.
(2)
Accessory structures shall not be located within a front yard. This
restriction shall not apply to structures accessory to principal agricultural
uses, such as barns.
(3)
An accessory use or structure shall not be established or constructed
on a lot without a principal use or structure present.
B.
Dimensional requirements for accessory structures on residential
properties.
(1)
On properties occupied by a residential use, accessory structures
with a floor area of 200 square feet or more, or in excess of 15 feet
in height, shall be subject to the setback requirements required in
the zoning district in which the property is located. Accessory structures
with a floor area of less than 200 square feet, and a building height
of 15 feet or less, shall be subject to the following setback requirements:
C.
Accessory uses.
(1)
Accessory dwelling unit (ADU). All applications for an accessory
dwelling unit (ADU) shall comply with the following requirements:
(a)
Detached ADUs shall be permitted only on a tract in excess of
one acre. Attached ADUs shall have no such restrictions.
(b)
No more than one ADU shall be permitted on any property.
(c)
The maximum number of occupants of the ADU shall be two persons.
Minor children under age 18 and related to the occupants of the ADU
by blood, adoption or foster relationship shall not count towards
this limit.
(d)
A minimum of one off-street parking space shall be provided
for the ADU in addition to the off-street parking required for the
principal dwelling.
(e)
The ADU (whether attached or detached) shall meet the following
dimensional requirements:
[1]
The ADU shall not exceed 50% or 1,000 square feet of the total
residential living area of the existing dwelling, whichever is less.
The ADU shall not be less than 400 square feet. Additionally, all
ADUs shall meet the following architectural standards:
[a]
Attached ADUs shall be designed to maintain the
architectural design, style, appearance and character of the existing
dwelling as a single-family residence. Such an addition shall be consistent
with the existing facade, roof pitch, siding and windows.
[b]
Detached ADUs (including manufactured dwelling
units) shall be designed to maintain the architectural design, style,
appearance and character of the existing primary dwelling on the lot.
[c]
Applicants shall submit a photo, rendering, or
plan depicting the exterior of the proposed ADU.
[2]
The height of a detached ADU shall not exceed the height of
the principal dwelling unit on the lot.
[3]
The ADU shall meet all yard and setback requirements from the
property line required of the principal structure.
(f)
Each ADU shall have a kitchen and full bath.
(g)
The applicant shall contact the Adams County Mapping Office
to obtain an address for all ADUs (attached or detached), and the
applicant shall provide this information to the Township prior to
approval.
(i)
All existing sewer disposal and water supply systems shall be
upgraded to meet current Township requirements. The ADU shall be physically
connected to and shall share the same sewage disposal and water supply
systems as the principal dwelling, unless such a connection shall
be prohibited by the Township Sewage Enforcement Officer. If sewage
disposal is provided by an individual on-lot sewer system, the applicant
shall demonstrate that the total number of occupants of the principal
dwelling and the ADU shall not exceed the maximum capabilities for
which the system was designed, unless the system shall be suitably
expanded. Any connection to and/or expansion of an individual on-lot
sewage disposal system shall be reviewed by the Township Sewage Enforcement
Officer, and the applicant shall present evidence of such review and
all necessary approvals.
(j)
The ADU shall not be counted as a dwelling unit or lot in the
computation of the maximum number lots that may be subdivided from
a parcel in the Agricultural Preservation (AP) District. The ADU shall
not count towards the density limit allowed in the Rural Residential
(RR) District.
(k)
The Township shall record, at the cost of the applicant, a memorandum of the decision of the Zoning Hearing Board granting such special exception. Such recorded memorandum shall indicate that the occupancy of the ADU shall be limited to all permitted occupants as stated in § 150-5, that the ADU shall not be rented to persons who are not related to the occupants of the principal dwelling, that detached ADUs shall be removed when they are no longer used by persons related to the occupants of the principal dwelling or converted to a nonresidential accessory use in accordance with the underlying zoning district within 180 days.
(l)
All ADUs shall adhere to the following permitting requirements:
[1]
Occupancy permits for ADUs shall be issued for a period of no
longer than one year and must be renewed at the end of the first term
of issuance and every such period thereafter.
[2]
Renewal of said permits requires inspection of the ADU by the
Zoning Officer.
[3]
If a permit for an ADU is not renewed, all rights granted to
the landowner under such permit expire, and the landowner must reapply
for the issuance of a new permit under the then-current standards
for the issuance of such permits.
[4]
Permits for ADUs expire when a change of occupancy occurs.
(2)
Wind energy systems (including windmills).
[Amended 9-13-2021]
(a)
No pole- or tower-mounted wind energy system shall be located
on a parcel less than 20,000 square feet.
(b)
All windmills, except single-pole structures, shall be enclosed
by a fence in compliance with this chapter. Such fence shall be located
at least five feet from the base of such windmill. Guy wires may be
located outside the fenced area.
(c)
No windmill for private use shall be greater than 100 kWh.
(d)
No windmill for private use shall be greater than 100 feet in
height.
(e)
No windmill shall be permitted which is designed to have any
vane, sail or rotor blade to pass within 30 feet of the ground.
(f)
All electrical wiring leading from a windmill shall be located
underground.
(g)
Windmills may be located within the required rear or side yards
provided they are no closer than 1.1 times their height from the nearest
occupied building not located on the same parcel as the windmill.
(h)
The vibration control standards of this chapter shall be complied
with.
(3)
Antennas.
(b)
On lots used principally for nonresidential, nonagricultural
uses:
[1]
Antennas, including satellite dish antennas, shall not exceed
50 feet in height above grade.
[2]
Any antenna that exceeds 50 feet in height above grade shall be regulated as a communication tower under § 150-98.
[3]
Freestanding antennas shall meet all setback requirements of
the zoning district.
(4)
Exotic wildlife.
(a)
Animal and plant species considered to be threatened or endangered
by the U.S. Fish and Wildlife Service are strictly prohibited.
(b)
Any animal species, including but not limited to spiders, snakes
and other reptiles, and fish, that are poisonous and/or toxic to humans
or other animals are strictly prohibited.
(c)
All exotic wildlife shall be properly caged or restricted to
guarantee the prevention of harm to citizens and their property.
(d)
Large animals including, but not limited to, bears, coyotes,
lions, tigers, leopards, jaguars, cheetahs, cougars, wolves, and crossbreed
of these animals that have similar characteristics in appearance or
features are only permitted on lots in excess of three acres in size.
(e)
Anyone in possession of exotic wildlife must file the appropriate
permit from the Pennsylvania Game Commission or other state department
or agency with the Township.
(f)
No manure wastes shall be stored within 50 feet of any property
line.
(g)
All wildlife wastes shall be properly disposed of.
(h)
All wildlife, their housing and outdoor recreation areas shall
be properly maintained so as not to become a public nuisance to adjoining
properties.
(5)
Fences and walls.
(a)
Fences and walls shall not obstruct clear sight triangles or
otherwise obscure the view of vehicles on the roadway or attempting
to enter the roadway.
(b)
Fences and walls may be located up to, but not on top of, a
property line or right-of-way line.
(c)
On a lot used for agricultural or residential purposes, any
fence or wall located within a front yard shall not exceed four feet
in height, unless the fence or wall is on a lot used for agricultural
purposes to contain animals. A fence or wall shall not exceed six
feet in other locations.
(d)
On a lot used for commercial or industrial purposes, any fence
or wall located within a front yard shall not exceed six feet in height.
A fence shall not exceed eight feet in height in other locations.
(e)
Irrespective of Subsection C(5)(d) above, on a lot used for agricultural purposes to contain animals, there shall be no maximum height for a fence or wall in any location.
(f)
Taller fences and walls may be permitted around tennis courts
and where the applicant proves that such fence is required to protect
the public safety around a specific hazard. In such instances, the
fence shall meet setback requirements for the underlying zoning district.
(g)
Barbed wire shall not be used in fences on a lot used for residential
purposes. On lots used for other purposes, a maximum of three strands
of barbed wire may exceed the maximum fence height. Concertina wire
shall not be permitted.
(h)
No fence or wall shall be constructed of fabric, junk, vehicles,
drums, barrels, or similar items.
(i)
Retaining walls that are necessary to hold back slopes shall
not be required to meet the above wall regulations. They shall comply
with the following:
[1]
Any retaining wall over eight feet in height shall be set back
a minimum of 15 feet from the lot line of an existing dwelling.
[2]
No retaining wall greater than three feet in height shall be
permitted within a front yard or within 10 feet of a side or rear
property line in a residential district. Retaining walls over six
feet in height shall have a fence at least three feet tall erected
at the top of the wall.
(6)
No-impact home-based business.
(a)
The business shall be conducted within a dwelling that is a
permitted use or that is an existing nonconforming use.
(b)
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
(c)
The business shall employ no employees other than family members
residing in the dwelling.
(d)
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
(e)
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
(f)
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
(g)
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
(h)
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
(i)
The business may not involve any illegal activity.
(7)
(8)
Swimming pools.
(b)
A public swimming pool shall comply with setback requirements
of the zoning district or shall be set back at least 20 feet from
property lines, whichever is greater.
(c)
When a swimming pool is a principal use, it shall be regulated
as an outdoor recreation facility.
(d)
All swimming pools with a surface area of 100 square feet or
more or a depth in excess of two feet shall be completely surrounded
by a fence or wall not less than four feet in height. However, a fence
shall not be required for pools more than four feet above the ground
level if it is provided with a lockable, retractable ladder.
(e)
All gates or doors opening through such enclosure shall be equipped
with a self-closing and self-latching and locking device for keeping
the gate or door securely closed at all times when not in actual use,
except that the door of any dwelling which forms a part of the enclosure
need not be so equipped.
(f)
Water from the pool shall not be discharged across neighboring
properties.
(g)
Approved filtration systems and circulators must be provided
for all pools, except such exempt or nonexempt wading pools as are
emptied on a daily basis as hereinafter provided. All pool installations
shall conform to all applicable building codes.
(h)
In no case shall water in the pool or pool area be permitted
to emit an offensive odor or create any unhealthful condition.
(i)
No pool shall be located under any electric power lines (including
service lines), and the pool must be located at least 10 feet (measured
horizontally) from such power lines.
(j)
No water shall be placed in the pool until a fence, as required
by this section, has been completed.
(9)
Accessory solar energy systems (ASES).
[Added 9-13-2021]
(a)
Criteria applicable to all accessory solar energy systems:
[1]
ASES shall be permitted as a use by right in all zoning districts.
[a]
The ASES layout, design, installation, and ongoing
maintenance shall conform to applicable industry standards, such as
those of the American National Standards Institute (ANSI), Underwriters
Laboratories (UL), the American Society for Testing and Materials
(ASTM), Institute of Electrical and Electronics Engineers (IEEE),
Solar Rating and Certification Corporation (SRCC), Electrical Testing
Laboratory (ETL), Florida Solar Energy Center (FSEC) or other similar
certifying organizations, and shall comply with the PA Uniform Construction
Code as enforced by Hamilton Township, and with all other applicable
fire and life safety requirements.
[b]
Upon completion of installation, the ASES shall
be maintained in good working order in accordance with standards of
the Hamilton Township codes under which the ASES was constructed.
Failure of the property owner to maintain the ASES in good working
order is grounds for appropriate enforcement actions by Hamilton Township
in accordance with applicable ordinances.
[c]
All on-site utility, connection lines, and plumbing
shall be placed underground to the extent feasible.
[2]
Glare.
[a]
All ASES shall be placed such that concentrated
solar radiation or glare does not project onto nearby structures or
roadways.
[b]
The applicant has the burden of proving that any
glare produced does not have significant adverse impact on neighboring
or adjacent uses either through siting or mitigation.
[3]
Decommissioning.
[a]
Each ASES and all solar-related equipment shall
be removed within 12 months of the date when the use has been discontinued
or abandoned by system owner and/or operator, or upon termination
of the useful life of same.
[b]
The ASES shall be presumed to be discontinued or
abandoned if no electricity is generated by such solar collector for
a period of 12 continuous months.
[c]
The ASES owner shall, at the request of the Township,
provide information concerning the amount of energy generated by the
ASES in the last 12 months.
[4]
Permit requirements.
[a]
Zoning/building permit applications shall document
compliance with this section and shall be accompanied by drawings
showing the location of the system on the building or property, including
property lines.
[b]
The ASES must be properly maintained and be kept
free from all hazards, including but not limited to, faulty wiring,
loose fastenings, being in an unsafe condition or detrimental to public
health, safety or general welfare.
(b)
Roof-mounted and wall-mounted accessory solar energy systems:
[1]
A roof-mounted or wall-mounted ASES may be located on a principal
or accessory building.
[2]
The total height of a building with an ASES shall not exceed
by more than three feet above the maximum building height specified
for principal or accessory buildings within the applicable zoning
district.
[3]
Wall-mounted ASES shall comply with the setbacks for principal
and accessory structures in the underlying zoning districts.
[4]
Solar panels shall not extend beyond any portion of the roof
edge.
[5]
For roof- and wall-mounted systems, the applicant shall provide
evidence that the plans comply with the Uniform Construction Code
and adopted building code of the Township that the roof or wall is
capable of holding the load imposed on the structure.
(c)
Ground-mounted accessory solar energy systems:
[1]
Setbacks.
[a]
All components, including fencing, of a ASES shall
be set back from any property line a minimum of 50 feet.
[b]
A ground-mounted ASES shall not be located in the
required front yard, unless the principal structure is set back more
than 500 feet from the front lot line, in which case, the ASES shall
be set back not less than 200 feet from the front lot line.
[2]
Height. Ground-mounted ASES shall not exceed 15 feet in height
above the ground elevation surrounding the systems.
[3]
Coverage.
[a]
The following components of a ground-mounted ASES
shall be considered impervious coverage and calculated as part of
the impervious coverage limitations for the underlying zoning district:
[b]
The horizontal area of a ground-mounted solar panel
which allows for vegetation below the panels shall not be included
in the impervious coverage limitations for the underlying Zoning District.
[4]
Screening. Ground-mounted ASES shall be screened from any adjacent
property that is residentially zoned or used for residential purposes
in accordance with the screening requirements of the Zoning Ordinance.
[5]
Appropriate safety/warning signage concerning voltage shall
be placed at ground-mounted electrical devices, equipment, and structures.
All electrical control devices associated with the ASES shall be locked
to prevent unauthorized access or entry.
[6]
Ground-mounted ASES shall not be placed within any legal easement
or right-of-way location or be placed within any stormwater conveyance
system, unless the applicant can demonstrate, to the satisfaction
of the Township, that the ASES will not impede stormwater management,
or in any other manner that would alter or impede stormwater runoff
from collecting in a constructed stormwater conveyance system.
[7]
Stormwater management.
[a]
Stormwater runoff from an ASES shall be managed
in accordance with the requirements of the Hamilton Township Stormwater
Management Ordinance.
[b]
Where solar panels are mounted above the ground
surface allowing for vegetation below the panels, the horizontal area
of the panel may be considered a disconnected impervious area ("DIA")
and therefore, will have no increase from the pre-development to post-development
runoff coefficient. The horizontal area of the panel can only be considered
a DIA if the following conditions apply:
[i]
Where natural vegetative cover is preserved and/or
restored utilizing low-impact construction techniques from the Pennsylvania
Department of Environmental Protection Stormwater Best Management
Practices Manual, including, but not limited to the following: minimizing
the total disturbed area, minimizing soil compaction in disturbed
areas, and re-vegetating and re-foresting disturbed areas using native
species.
[ii]
Where the vegetative cover has a minimum uniform
90% perennial vegetative cover with a density capable of resisting
accelerated erosion and sedimentation.
[A]
For panels located on slopes of 0% to 5% a minimum
four-inch height of vegetative cover shall be maintained.
[B]
For panels located on slopes between 5% and 10%
a meadow condition shall be maintained.
[C]
Panels located on slopes between 10% and 15% cannot
be considered DIA.
[D]
Solar panels located on slopes over 15% are not
permitted.
[E]
Vegetated areas shall not be subject to chemical
fertilization or herbicide/pesticides application, except for those
applications necessary to establish the vegetative cover or to prevent
invasive species and in accordance with an approved erosion and sediment
control plan.
[F]
Agrivoltaics, the co-development of the same area
of land for both solar photovoltaic power and conventional agriculture,
may be used provided that:
|
{1}
|
Only shade tolerant crops may be used;
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|
{2}
|
Crops must be not tilled in,
|
|
{3}
|
A written erosion and sediment control plan must be developed
for agricultural plowing or tilling activities or a portion of the
overall farm conservation plan must identify the best management practices
(BMPs) used;
|
|
{4}
|
Any cutting or mowing of the agricultural crop is limited to
a height of no less than four inches;
|
|
{5}
|
Application of chemical fertilization or herbicides/pesticides
is limited to the agronomic needs to the crop(s).
|
[iv]
Where the length of the receiving, overland, vegetated
area, downhill of each solar arrays is equal to or greater than the
contributing, maximum, combined, horizontal length of the solar arrays.
The grass area below each solar array shall not be considered in the
length of the receiving, overland, vegetated area.
[v]
Where the contribution flow path or total combined
horizontal length of a solar array is less than 75 feet.
[vi]
Where less than 5% of the horizontal area of the
solar panels themselves are disturbed and/or covered by the ground-mounted
support structures of foundation.
[vii]
Where the lowest vertical clearance along the
drip edge or drip line of all solar panels within a solar array is
10 feet or less from the surface of the ground but an adequate height
to promote vegetative growth below the solar array.
[viii]
Where the drip edge or drip line of the solar
panels are mounted level to promote sheet flow discharge unless no
more than 500 square feet of contributing surface will discharge to
any one point, in which case a spreading device is required for the
concentrated discharges.
[c]
The horizontal area of any solar panel or solar
array that cannot meet all the conditions to be considered DIA, as
listed in § 150-96C(9)(c)[7][b], shall be treated as impervious
area. These areas shall be included in the pre-development to post-development
runoff analysis as impervious area to determine the need for post-construction
stormwater management ("PCSM") best management practices.
[i]
Use of gravel is permissible under a panel or in
the receiving downhill flow path; however, the use of gravel would
not allow the horizontal area of the solar panel or solar array to
be considered as a DIA.
[ii]
All impervious areas associated with the ASES
such as roadways and support buildings cannot be considered a DIA
and shall follow normal protocols when performing the PCSM stormwater
analysis.
[iii]
When the ground-mounted solar panels cannot meet
the conditions to be considered a DIA, the impervious area shall be
analyzed using the Industrial Land Use Description with Runoff Curve
Numbers between 81 for Hydraulic Soil Group A and 93 for Hydraulic
Soil Group D.
A.
A temporary permit may be issued for structures or uses accessory
during construction or other special circumstances of a nonrecurring
nature, subject to the following additional provisions:
B.
The life of such permit shall not exceed one year, unless authorized
by the Zoning Hearing Board.
C.
Temporary nonconforming uses shall be subject to authorization by
the Zoning Hearing Board as a special exception when deemed necessary
to protect the public health or welfare, and to promote the proper
development of the Township.
D.
Such structure or use shall be removed completely upon expiration
of the permit without cost to the Township.
E.
Temporary uses.
(1)
Garage and yard sales.
(a)
Within any zoning district, an owner, or occupant with signed
authorization of the property owner and all applicable permits, of
a residential use may conduct up to two garage/yard sales with a maximum
length of three days each per calendar year.
(b)
No garage/yard sale shall be conducted for a period longer than
three consecutive days.
(c)
Such sales may offer for sale personal possessions; no import
or stocking of inventory shall be permitted.
(2)
Portable storage units.
(a)
No portable storage unit shall be maintained within 10 feet
for any street right-of-way.
(b)
A portable storage unit shall be no larger than eight feet wide,
16 feet long and eight feet high if located less than 500 feet from
a dwelling not owned by the owner of the portable storage unit.
(c)
No portable storage unit shall remain in a residential zoning
district in excess of 14 consecutive days, or in excess of 30 days
in any calendar year.
(d)
No portable storage unit shall remain on a lot in a nonresidential
zoning district in excess of 30 consecutive days, or in excess of
45 days in any calendar year.
(e)
A portable storage unit shall be permitted during construction,
reconstruction, alteration, or renovation of the principal building
and for an additional period of three days before and after such activity,
provided a building permit has been issued by the Township. The portable
storage unit shall be removed from the lot before the Township Zoning
Officer issues an occupancy permit.
(f)
A portable storage unit may be located on a lot during an emergency
situation as declared by the appropriate federal, state, county, or
Township agency pursuant to a temporary permit issued by the Township
Zoning Officer.
(g)
The Township Zoning Officer shall determine the most appropriate
location for the portable storage unit to be placed on the lot. The
issuance of a permit shall allow the applicant to place the portable
storage unit on the subject lot in the location specified in the permit
in conformance with the requirement of this section. The permit shall
be posted in plain view on the subject lot.
(3)
Public event uses involving large or unusual assemblages of people
and/or automobiles shall be allowed by permit and then only when such
use conforms to every term and condition of the permit.
(4)
Temporary retail sales.
(a)
Only one temporary retail sales event may take place on a lot
at any given time.
(b)
Temporary retail sales hours of operation shall be limited to
the hours of 6:00 a.m. to 10:00 p.m.
(c)
Temporary retail sales may take place in parking areas subject
to maintaining sufficient parking for all uses located on that site.
(d)
Temporary retail sales shall not disrupt the daily operations
of the principal business located on the lot.
In addition to the general provisions for uses within a particular zoning district established in Articles IV through XIII, and the additional general regulations for all uses in Article XIV and elsewhere in the chapter, these performance standards specific uses set forth the specific standards that shall be applied to each use identified herein. These performance standards must be satisfied prior to approval of any application for a zoning permit, conditional use, special exception or variance.
A.
Adult-oriented use/adult-oriented retail use.
(1)
No more than one adult-oriented use shall be permitted in any one
building.
(2)
No adult-oriented use shall be located within 500 feet of any building
within which is located another adult entertainment use.
(3)
No adult-oriented use shall be located within 1,000 feet of an AP,
RR, R-1, R-2, or R-3 District. Where a residential development has
been constructed within the C District according to the special exception
standards of this article, the above location standard shall also
be applied.
(4)
No adult-oriented use shall be located within 1,000 feet of any lot
upon which is located a school, place of worship, child-care facility,
public park or playground.
(5)
The landscaping standards of this chapter shall be met.
(6)
The building occupied as an adult-oriented use shall have an opaque
covering over all windows and/or glass doors to prevent items and/or
services from being visible from outside the building.
(7)
No sign shall be erected on the premises depicting or giving a visual
representation of the types of items and/or services offered within
the establishment.
B.
Agribusiness operations.
(1)
These standards apply to the development of new agribusiness operations
or the expansion of existing agribusiness operations.
(2)
Minimum lot size shall be 50 acres. Where a lot is comprised of more
than one tract, the owner of such tracts shall combine them under
a single deed, which will preclude individual tracts being placed
in separate ownership without processing a subdivision plan in accordance
with the Hamilton Township Subdivision and Land Development Ordinance.[1] The deed shall be recorded in the Adams County Register
and Recorders Office, and a copy of such deed shall be included in
the applicant's special exception application.
(3)
The following setbacks are required:
(a)
For new agribusiness operations, the structure housing the agribusiness
operation shall be located no closer than 200 feet from any front
property line, no closer than 100 feet from any side or rear property
line, no closer than 1,000 feet from any dwelling or water well not
owned by the owner of the agribusiness operation, and no closer than
1,000 feet from any church or school. For expansions of existing agribusiness
operations, any additional building coverage shall not be located
on the property in such a manner that would increase the degree of
nonconformity of the existing operation, if such nonconformity exists,
with the setback requirements established by this section.
(4)
Maximum lot coverage shall not exceed 10%.
(5)
For new agribusiness operations, or expansions of existing agribusiness operations, which require a nutrient management plan in accordance with the Pennsylvania Nutrient Management Act, the applicant shall demonstrate that such plan has been prepared and submitted to the Adams County Conservation District for review prior to the special exception hearing of the Zoning Hearing Board. Further, the applicant shall demonstrate that such plan has been approved by the Adams County Conservation District prior to the issuance of the zoning permit in accordance with § 150-130 of this chapter.
(6)
A water supply feasibility report shall be prepared to demonstrate
that sufficient water resources are available to serve the proposal.
The report shall assess any water quality and water quantity impacts
for all public and private wells within one mile of the proposed agribusiness
operation. The report shall be prepared by a licensed hydrogeologist.
(7)
The applicant shall demonstrate to the satisfaction of the Zoning
Hearing Board that its methods of disposing of dead animals are in
strict compliance with applicable standards established by the Pennsylvania
Department of Environmental Protection. Dead turkeys, chickens, or
piglets shall be kept in airtight containers. Larger dead animals
shall be kept in a manner so as to minimize the spread of odors and
disease.
(9)
Areas designed for outdoor storage of pallets, machinery, or other
materials shall be provided a vegetative screen consisting of at least
three of the following materials: landscape mulch, grass, shrubs,
and trees. Outdoor storage areas shall be screened by either a fence
of at least eight feet in height, or a landscaped berm of sufficient
height to shield the storage area from view from adjoining properties.
(10)
The perimeter of any parking area shall be landscaped with at
least three of the following materials: landscape mulch, grass, shrubs,
and trees.
C.
D.
Agri-tourism enterprises.
(1)
Typical agri-tourism enterprises may be grouped into four categories:
farm retail/dining, agri-education, agri-entertainment, and agri-lodging.
(2)
Farm retail/dining includes but is not limited to roadside stands,
farm markets, Christmas tree farm/cut-your-own operations, you-pick
operations, gift shop/agricultural crafts, restaurants/food concessions,
ice cream/bakeries, corporate events/company picnics, weddings/special
events, breweries, and wineries.
(3)
Agri-education includes but is not limited to school tours, farm-related
museums, garden/nursery tours, winery/brewery tours, agricultural
exhibits/tours, and crop identification programs.
(4)
Agri-entertainment includes but is not limited to rodeos, agricultural
fairs/festivals/shows, children's activities, petting zoos, horseback
riding, corn mazes, haunted houses/hayrides, wagon/sleigh rides, and
outdoor recreation.
(5)
Agri-lodging includes, but is not limited to, country inns, hostels,
and camping facilities.
(7)
A driveway occupancy permit must be approved by the Township for
any proposed access to Township roads and must be reviewed by the
Board of Supervisors for access to state roads.
(8)
Sanitary facilities shall be provided in accordance with PA DEP requirements.
(9)
Food prepared and produce grown on the farm is permitted to be sold.
(10)
All signage shall be in compliance with the sign provisions
of this chapter.
(11)
Applicants must submit a sketch identifying the location of
the agri-tourism enterprise, all farm buildings, dwellings, existing
and proposed driveways, access drives, parking areas, vehicle turnaround
areas, location of sanitary facilities (if required), and buffering
and landscaping.
(12)
Annual permit renewals for agri-tourism enterprises shall be
required, and inspections by the Township Zoning Officer shall be
permitted.
(13)
The applicant shall submit evidence that all state and federal
requirements have been met.
E.
Bed-and-breakfast inns.
(1)
Such establishments shall be located in a private residence.
(2)
The owner of a bed-and-breakfast establishment shall be the primary
occupant of the establishment.
(3)
All served meals shall be included in the lodging charge. No meals
may be served to the general public.
(4)
Appropriate state and Township licenses shall be obtained.
(5)
Vegetative screening, including landscape mulch, grass, and shrubs,
shall be located around the perimeter of the parking area to preserve
the residential appearance of the property.
(6)
All area and bulk regulations of the prevailing zoning district for
single-family dwellings shall apply.
G.
Cluster residential development.
[Amended 3-2-2020]
(1)
These requirements shall be applied to proposed residential developments
within The R-1 Low Density Residential District, the R-3 Moderate
Density Residential District and the MU Mixed Use Corridor District.
(2)
The minimum area for a cluster residential development shall be 10
acres.
(3)
Cluster residential developments shall be provided either with public
sewer and public water, or shall be provided with an alternative sewage
treatment system, such as spray irrigation and artificial wetlands,
approved by the Pennsylvania Department of Environmental Protection,
and for which a permanent maintenance agreement is legally approved
between the Hamilton Township Supervisors, the developer, and any
homeowners' association which is created to manage such facilities
and the open space areas that result from a cluster residential development.
(4)
Permitted dwelling unit types for cluster residential developments
within the R-1 Low Density Residential District include single-family
detached dwellings.
(5)
Permitted dwelling unit types for cluster residential developments
within the R-3 Moderate Density Residential District include single-family
detached dwellings, single-family, semi-detached dwellings (twins),
two-family dwellings (duplexes), and townhouses.
(6)
Permitted dwelling unit types for cluster residential developments
within MU Mixed Use Corridor District include single-family detached
dwellings, single-family, semi-detached dwellings (twins), and two-family
dwellings (duplexes). Cluster residential developments within the
MU Mixed Use Corridor District shall include two or more dwelling
unit types.
(7)
A minimum of 50% of the parcel proposed for cluster residential development
shall be preserved as open space in accordance with the standards
established by this section.
(8)
In return for the permanent preservation of open space within the cluster residential development, the applicant may increase the density of the proposed development in accordance with the standards established in §§ 150-32A(2), 150-44A(2), and 150-58A(4) or § 150-58A(5).
H.
Cluster development open space.
(1)
Open space requirements.
(a)
The open space resource shall include floodplains, wetlands,
woodlands, steep slopes, rock outcrops, and other environmentally
sensitive features worthy of preservation. Such environmentally sensitive
features shall be retained in their natural state.
(b)
In addition to environmentally sensitive features, land deemed
suitable for development shall be included in the required open space
resource to allow for potential recreation amenities. Stormwater management
facilities shall not be located in the required open space resource
unless they meet at least one of the following criteria: 1) they are
located entirely underground; 2) they are designed to resemble a natural
water feature, such as a pond or wetland; or 3) they are designed
to blend into the scenic landscape, such as a long, low berm graded
to resemble a natural land contour.
(c)
Open space shall be concentrated on the site and usable for
active or passive recreation on the site, or shall consist of agricultural
soils which could be made available, through leasehold arrangements,
for agricultural purposes. Open space should be arranged such that
the maximum number of residential units are provided direct visual
access to permanently preserved open space.
(d)
Applicants are strongly encouraged to establish greenways which
could logically link with similar open space area on adjoining lands.
These greenways may include bikeways, pedestrian paths, and other
linkages. Topographic features, such as streambeds and hedgerows,
may form the "backbone" for such greenway networks.
(2)
Ownership and maintenance of required open space.
(a)
All open space areas within a cluster development shall be offered
for dedication to and for no consideration to be paid by the Township.
The Township shall have the option to accept all or any portion of
the open space at any time within 10 years of the recording of the
final subdivision plan. However, the Township is under no obligation
to accept any open space area within a cluster development.
(b)
The final subdivision or land development plan shall contain
a note, in language that is acceptable to the Township Solicitor,
stating that the open space is irrevocably offered for dedication
to the Township for a period of 10 years from the date of the recording
of the final plan. Said note shall also state that the Township shall
have no duty to maintain or improve the dedicated open space unless
and until it has been accepted by formal action of the Township Supervisors.
(c)
The applicant may request the Township to accept dedication
of the open space upon recording of the final plan, but a refusal
by the Township to do so shall not limit the Township's rights to
accept all or any portion of the open space at any time within 10
years after the recording of the final plan.
(d)
If the Township does not accept dedication of the open space
upon recording of the final plan, the developer shall make arrangements
for the permanent maintenance of the open space through the formation
of a homeowners' association. Any such homeowners' association shall
comply with the requirements for such associations contained in the
Pennsylvania Uniform Planned Community Act,[4] and the developer shall present all documents relating
to the creation of such association to the Township for the review
and approval of the Township Solicitor.
[4]
Editor's Note: See 68 Pa.C.S.A. § 5101 et seq.
(e)
If such association fails to properly maintain the open space,
the Township shall have the same rights granted to municipalities
under Section 705 of the PA MPC.[5] The deed which transfers the open space to the homeowners'
association shall contain specific reference to the Township's rights
under this section.
[5]
Editor's Note: See 53 P.S. 10705.
(f)
If the Township accepts any or all open space, such action shall
be evidenced by a recorded instrument, the terms of which shall be
subject to the approval of the Township Solicitor.
(g)
Any deed transferring the open space to the Township or to a
homeowners' association shall contain an endorsement which shall indicate
that all open space is restricted for use as open space in perpetuity.
The deed shall be subject to approval by the Board of Supervisors
and the Township Solicitor.
I.
Combination of residential cluster and estate lots.
J.
Convenience stores.
(1)
The use shall be located on a lot abutting a collector or arterial
street.
(2)
The outdoor display of products for sale at the establishment shall
not be permitted.
(4)
Any outdoor lighting shall comply with the provisions of this chapter.
(5)
Convenience stores may include fuel pumps, which shall be at least
25 feet from any existing and required future road right-of-way or
50 feet from the road center line, whichever is greater.
(6)
All activities except those to be performed at the fuel pumps shall
be performed within a building.
K.
Estate lots.
(1)
The minimum lot size shall be five acres.
(2)
A maximum of 1.25 acres within an estate lot may be devoted to the
estate lot living area.
(3)
The following are minimum setbacks of the living area:
(4)
The living area of an estate lot shall be located in an area relatively
free of sensitive environmental features including, but not limited
to, floodplains, designated wetlands, and slopes in excess of 15%.
(5)
The living area of an estate lot shall be located to minimize disturbance
to existing woodlands, hedgerows, mature tree stands, and other significant
vegetation.
(6)
The living area of an estate lot shall be located to minimize visual
impacts on the rural landscape. To meet this requirement, living areas
should not, at a minimum, be located on the tops or ridgelines or
in the middle of open fields.
(7)
Seventy-five percent of the area of an estate lot shall be retained as open land, in accordance with the standards established in § 150-25. The portion of each estate lot not included in the living area shall be considered in meeting this requirement.
(8)
Estate lots shall be restricted by deed restriction, in language
acceptable to the Township Solicitor, to prohibit further subdivision.
L.
Financial institutions.
(1)
Space for a minimum of eight occupied vehicles is required for those
patrons waiting in line for drive-through service. This distance shall
be measured from the point at which drive-through patrons receive
banking services at bank teller windows or remote teller stations.
(2)
The required space for the drive-through line shall be separated,
to the maximum feasible extent, from parking spaces for non-drive-through
customers and from pedestrian walkways and shall be incorporated into
an overall circulation plan for the site.
(3)
The drive-through facility, including teller windows and remote teller
stations, and the driveway shall be located along the side or rear
of the financial institution. In no event shall the drive-through
facility be permitted along the front of the financial institution,
between the principal structure and the adjoining public road.
(4)
A site plan shall be provided to the Zoning Hearing Board for use
during the special exception hearing during which the project will
be reviewed. The site plan shall show building dimension and placement,
internal circulation, landscaping, location and size of signage, and
all other pertinent design information.
M.
Forestry.
(1)
Timber harvesting shall be performed only in accordance with a forest
management plan or a forest stewardship plan prepared by a forester.
(2)
These provisions shall apply when timber harvesting is the principal
use on a property, when it is a secondary operation to another principal
use, or when it is associated with a subdivision or land development
of the property.
(3)
Not more than 30% of the existing forestland on any lot may be harvested
in any calendar year.
(4)
Erosion and sedimentation control plans shall be approved by the
Adams County Conservation District.
(5)
Replanting plants specifying the type of replanting and the schedule
of replanting shall be approved by the Board of Supervisors.
(6)
The applicant shall submit the following plans and reports to the
Township at least 60 days prior to the scheduled start of the timber
harvesting operations:
(a)
The forest management plan or forest stewardship plan addressing
ecological considerations, forest health, soil and water resources,
flora and fauna resources, nontimber forest products, silviculture/timber
management, and infrastructure.
(b)
A tree inventory report prepared by a qualified horticulturist,
forester, arborist, or landscape architect addressing tree species
and sizes, tree identification numbers, caliper [diameter at breast
height (dbh), typically 4.5 feet from the ground], tree height, distance
to dripline direction of low or unusual branching, tree condition,
suitability for preservation, and maintenance recommendations.
(c)
An erosion and sediment pollution control plan (E&SPC plan)
utilizing best management practices (BMPs) designed to prevent erosion
and sedimentation during and after the timber harvesting operations.
Evidence that the E&SPC plan has been approved by the Adams County
Conservation District and/or the PA Department of Environmental Protection
shall be submitted prior to the start of the timber harvest.
(7)
The use of diameter-based cutting methods is not permitted unless
fully justified by the forester preparing the plan. Diameter-based
cutting methods include, but are not limited to, diameter limit cut
and high grading.
(8)
Clear-cutting is only permitted when the Forestry Bureau's reservation
guidelines are followed and is fully justified by the forester preparing
the plan as the timber harvest method necessary to improve a forest
or stand that contains defective, decayed, diseased, or dying trees.
(9)
All cutting, removal, skidding, and transporting of trees shall be
planned and performed in such a manner as to minimize the disturbance
of other trees and vegetation.
(10)
Roads and trails shall be constructed, maintained, and abandoned
in such a manner as to prevent soil erosion and damage to waterways.
(11)
Stream crossings shall be avoided, but where deemed necessary,
such crossings shall be made at a right angle and shall incorporate
appropriate culverts or bridges. Skidding across a live or intermittent
stream is prohibited except by suitable bridges and culverts.
(12)
Buffer zones of 50 feet, within which no timber harvesting operations
shall take place, shall be maintained along all roads and abutting
properties.
(13)
Felling or skidding across property of others is prohibited
without the express written consent of the owners of such property.
Felling or skidding across roads is prohibited.
(14)
No tops or slash shall be left within 50 feet of any public
road right-of-way or adjoining property; within 25 feet of any stream
or historic or scenic trail; or within 10 feet of any drainage ditch
or floodplain.
(15)
During periods of abnormal forest fire danger, as determined
by the State Fire Marshal, the Township shall have the right to order
a suspension of all timber harvesting operations until the danger
subsides.
(16)
Timber harvesting and tree removal shall comply with all other
applicable provisions of this chapter, including, but not limited
to, wetland buffers and riparian buffers.
(17)
When timber harvesting and tree removal is in association with
a subdivision or land development, the following applies:
(a)
The reports and supplemental information required by this section
shall be used to determine the most appropriate layout of the development
with consideration given to trees to be preserved and the species,
size, and location of replacement tree planting.
(b)
Timber harvesting shall not take place prior to approval of
the final plan of the subdivision or land development.
(c)
The erosion and sediment pollution control plan may be incorporated
into the overall E&SPC plan for the development, provided that
all requirements of this section are met.
(d)
Timber harvesting shall only be one of the following methods:
a) improvement cutting; b) salvage cutting; c) single tree selection
method; or d) other methods, except diameter limit cut, high grading
and clear cutting may be permitted by the Township when fully justified
by the forester preparing the plan.
(e)
Trees included in the tree inventory report within the area
of proposed development (such as within proposed road right-of-way,
sanitary sewer, water line, storm sewer easements, and initial building
site locations) that were considered suitable for preservation with
a suitability for preservation rating of excellent, good, or fair
and were harvested or removed for development shall be replaced with
trees of the same species or an alternate species approved by the
Township Planning Commission at the rate of 1/2 inch replacement diameter
per one inch diameter of harvested or removed trees. Replacement trees
shall have a minimum caliper of 2.5 inches.
(f)
Trees included in the tree inventory report that are outside
of the proposed development area and considered suitable for preservation
with suitability for preservation rating of excellent, good, or fair
and were harvested shall be replaced in accordance with the forest
management plan or forest stewardship plan submitted as part of the
timber harvest.
(g)
The replacement trees shall be in addition to any required street
trees, buffer screens, and landscaping trees and shall be located
within the development area.
(h)
The subdivision or land development plan shall include a tree
preservation plan indicating any trees scheduled for preservation
and measures necessary to ensure their preservation, including but
not limited to the construction of retaining walls, no fill/cut zones,
no construction traffic or stockpile of material zones, and maintenance
recommendations from the tree inventory report.
(i)
Any deviation from the tree preservation plan resulting in impacts
to or removal of trees designated for preservation shall require the
approval by the Board of Supervisors with recommendations from the
Planning Commission.
N.
Golf courses.
(2)
The course shall be designed so that golf balls will not be driven
over or across any building, building lot, road, access drive, driveway,
or parking lot.
(3)
The golf course shall be designed to minimize the need of golf carts
crossing public streets or roadways. Where a golf cart path crosses
a public street or roadway, such crossing shall be signed warning
oncoming motorists and pedestrians.
(4)
The following setbacks shall be applied:
(a)
For fairways and greens, 150 feet from any existing or proposed
residential structure or residential lot.
(b)
For fairways and greens, 100 feet from any existing or proposed
nonresidential structure or nonresidential lot.
(c)
For golf course buildings and structures, 250 feet from all
lot lines.
(5)
No outdoor storage of golf carts, maintenance equipment, or golf
course landscaping materials shall be permitted.
(6)
A golf course may include the following accessory uses:
(7)
All dumpsters and off-street parking areas shall be screened from
adjoining or nearby residences, and from adjoining public streets
or roadways, in accordance with the following requirements:
(a)
The landscaped area shall be a minimum of 15 feet wide, measured
outward from the edge of the dumpster pad or parking lot surface.
(b)
For the length of the landscaped area, a tree shall be planted
at no less than twenty-foot intervals.
(c)
Required tree plantings shall have a minimum height of eight
feet and a minimum caliper of two inches, measured at three feet from
ground level.
(8)
The applicant shall demonstrate that the golf course is designed
to minimize the amount of regrading necessary. The applicant shall
demonstrate that existing, natural contours are incorporated into
the golf course design to the maximum extent feasible.
(9)
The applicant shall demonstrate that disturbance, including removal
of existing vegetation, to sensitive environmental features is minimized
to the maximum extent feasible. Sensitive environmental features include,
but are not necessarily limited to, slopes in excess of 15%, wetlands,
woodlands, and designated floodplains.
(10)
The applicant shall demonstrate compliance with the open land requirements of § 150-25. The applicant may include golf course fairways and greens in calculating the open land percentage.
(11)
A water supply feasibility report shall be prepared to demonstrate
that sufficient water resources are available to serve the proposal.
The report shall assess any water quality and water quantity impacts
for all public and private wells within one mile of the proposed golf
course, including those impacts that may result from fertilization
practices. The report shall be prepared by a licensed hydrogeologist.
O.
Group homes.
(1)
The provider and the structure shall be licensed by the appropriate
county and/or state agencies and shall comply with all applicable
rules and regulations.
(2)
No more than six residents shall occupy a group home at one time.
(3)
There shall be twenty-four-hour resident supervision by people qualified
by training and experience in the field for which the group home is
intended.
(4)
Any medical or counseling services provided shall be done so only
for residents.
(5)
The lot on which a group home is located shall be at least 1,000
feet from the lot on which another group home is located. Such distance
shall be measured in a horizontal straight line from the nearest point
on one lot to the nearest point on the other lot.
(6)
There shall be no alteration to the outside of the structure that
would alter the single-family character of the dwelling, be inconsistent
with the basic architecture of the dwelling, or be incompatible with
surrounding dwellings.
(7)
No sign for the group home shall be displayed.
P.
Heavy manufacturing uses.
(1)
Dust and other similar types of air pollution borne by wind from
storage areas, yards, parking areas, or other areas shall be minimized
by landscaping, sealing, or other acceptable means.
(2)
No operation shall release materials capable of becoming odorous,
either by bacterial decomposition or chemical reaction, to an extent
so as to be readily discernible without instruments from the boundaries
of the property.
(3)
No operation may emit, from any process, smoke or steam that exceeds
any standard established by a state or federal law, regulation or
agency.
(4)
Electric or electronic equipment shall be shielded such that no interference
of radio and television broadcasts shall be discerned beyond the property.
(5)
No operation shall produce a sound pressure level on adjacent property
in excess 65 decibels for residential property and 70 decibels for
nonresidential property. The maximum permitted sound levels shall
be reduced by 10 decibels between the hours of 6:00 p.m. and 7:00
a.m.
(6)
No operation shall produce at any point along the property line a
continuous earthborn vibration so as to be readily discernible without
instruments from the boundaries of the property.
Q.
Home occupations.
(1)
These provisions do not apply to no-impact home-based businesses.
(2)
Home occupations may include art studios; barber shops and beauty
salons containing a maximum of two chairs; instructional services
limited to two pupils at a time; professional office for a physician,
lawyer, accountant, real estate agent, architect, or similar professional;
sale of specialty "homemade food" products; appliance or small machinery
repair; craft shop; in-home day care; or other home businesses of
a similar nature.
(3)
The home occupation shall be performed completely within the dwelling
unit.
(4)
No more than three persons, including the property owner, shall be
employed in the home occupation.
(5)
No more than 30% of the habitable floor area of the dwelling unit
shall be devoted to a home occupation.
(6)
Exterior storage of materials shall be prohibited.
(7)
The residential character of the dwelling unit shall not be altered
to indicate the presence of a home occupation.
(9)
A home occupation shall not produce offensive noise, vibration, particulate
matter, heat, glare, or other similar condition that would detract
from the residential nature of the surrounding neighborhood.
R.
Hospital.
(1)
A hospital shall have a minimum tract size of 10 acres. Each lot
within a hospital development shall comply with the minimum lot area
and width requirements of the zoning district within which it is located.
(2)
A hospital shall be located on a lot abutting and having direct vehicular
access onto an arterial or collector street as defined in this chapter.
(3)
A minimum of two access drives, complying with the width requirements of § 120-24 of the Township Subdivision and land Development Ordinance, shall be provided from such arterial or collector road. However, the hospital shall make the maximum use possible of interior roads or access drives, as opposed to numerous driveways entering onto existing public roads.
(4)
A hospital may include various accessory uses that are customarily
incidental to and in direct support of the primary health care mission
of the hospital. Such accessory uses could include the following facilities,
which shall be integrated with the hospital facilities:
(a)
Medical and administrative offices.
(b)
Medical laboratory or blood donor station.
(c)
Patient hostel.
(d)
Hospital staff dormitory.
(e)
Ambulance service.
(f)
Methadone clinics and drug rehabilitation facilities.
(g)
Pharmacy.
(h)
Gift shop.
(i)
Teaching facilities.
(j)
Research facilities.
(k)
Interior service and convenience uses.
(5)
The principal and accessory uses comprising the hospital may be located in a single building or may consist of several buildings located on one or more lots. In the case of multiple buildings on a single lot, the provisions of § 150-89 regarding two or more principal buildings on a lot shall not apply.
(6)
Regardless of the number of buildings on a lot, all front, rear,
and side yard building setbacks for the zoning district within which
it is located shall apply.
(7)
The hospital shall be in single ownership and shall consist of harmonious
groupings of buildings, service and parking areas, circulation, and
open space.
(8)
Off-street parking shall be permitted in the areas required for front,
side, and rear yard setbacks up to a point of 25 feet from any front,
side, or rear lot line of the hospital. This setback shall not be
applied along internal lot lines of the hospital for common parking
areas serving buildings on multiple lots. All parking areas shall
be suitably paved with permanent hard-surface coverings.
(9)
Where a hospital contains any of the accessory uses listed above,
the number of parking spaces required shall be the sum of the parking
requirements for each separate principal and accessory use.
(10)
All buildings within a hospital development shall be provided
with centralized sewer and water services.
(11)
The facility shall comply with all applicable federal, state,
county, and local regulations and shall be licensed as required by
the state.
(12)
Lighting for buildings, accessways and parking areas shall comply
with the requirements of this chapter.
(13)
Any patient hostel or hospital staff dormitory shall comply
with the following requirements:
(a)
Permitted accessory uses include off-street parking, indoor
vending machines and laundry facilities. These accessory uses shall
be intended only for use by the residents of the patient hostel or
the hospital staff dormitory.
(b)
Any hospital staff dormitory shall be located a minimum of 150
feet from any lot line of an existing dwelling or boundary of a residential
district.
(c)
Any hospital staff dormitory shall have a maximum capacity of
one resident per 500 square feet of lot area and shall be restricted
to hospital staff members.
T.
Mineral extraction and recovery operations.
(1)
Sandpits, gravel pits, removal of topsoil and the excavation, extraction
or removal of any natural resource from the land or ground for any
purpose are permitted subject to the following conditions.
(2)
The facility shall meet all state and federal regulations regarding
the mining plan and operational requirements. The applicant shall
demonstrate to the Zoning Hearing Board that appropriate state and/or
federal permits have been applied for. Proof of issuance of such permits
shall be required prior to the issuance by the Township of a zoning
permit to establish the use.
(3)
A six-foot fence shall surround the area of actual quarrying.
(4)
Where the quarry operation will, in the opinion of the Zoning Hearing
Board, impair the beauty and character of the surrounding countryside,
trees and shrubs must be planted, or an attractive earth barrier erected,
to screen the operation from normal view.
(5)
The follow setbacks shall be established:
(a)
No stockpiles, waste piles, quarrying pit, processing, or manufacturing
equipment may be closer than 1,000 feet from any property line adjoining
a nonquarrying use.
(b)
No private access road, truck parking area, scales, or operational
equipment may be closer than 500 feet from any property line adjoining
a nonquarrying use.
(c)
Where a mineral recovery operation adjoins another mineral recovery
operation, a minimum operational and building setback of 50 feet shall
be established.
(6)
Within two years of the termination of quarrying operations, the
area of the mineral recovery operation shall be restored to the same
or improved condition as before the quarrying operation started. The
applicant shall submit a restoration plan to the Township for review
by the Planning Commission, detailing proposed site restoration activities.
(7)
Any person who desires to operate a use described above shall submit
land development plans to the Planning Commission and the governing
body complying with the provisions of the Township Subdivision and
Land Development Ordinance[7] and including the following information:
(a)
A map of the lot indicating the open area which is to be used
and the setback distance, prepared by a licensed surveyor or engineer.
(b)
A description of the specific types of material the applicant
proposes to extract from the site, the types of operations which will
be conducted, and the procedures which will be utilized.
(c)
A statement of qualifications to operate a quarry, mining or
excavation facility.
(d)
A complete compliance history for any and all similar facilities
owned and/or operated by the applicant.
(e)
Any and all information provided to the Pennsylvania Department
of Environmental Protection or the U.S. Environmental Protection Agency
regarding the proposed site and/or facility.
(f)
A sketch showing the landscape plan indicating screening provision.
(g)
Preliminary specifications and architectural drawings for all
structures and appurtenances to be located on the site.
(h)
A photograph of the open area to be used.
(i)
A site plan for rehabilitation, showing both existing and proposed
final contours, shall be submitted and approved by the Board of Supervisors.
After any such operations, the site shall be made reusable for uses
permitted in the zoning district. Where topsoil is removed, sufficient
arable soil shall be set aside for retention on the premises and shall
be respread over the premises after the operation is terminated. Except
where lakes are created and retained, the area shall be brought to
final grade by a layer of earth (capable of supporting vegetation)
of at least two feet or to original thickness, whichever is less.
Fill shall be a suitable material approved by the governing body.
(j)
All plans shall be submitted to and approved by the Adams County
Conservation District.
(8)
The proposed operations shall comply with the following provisions:
(a)
The operations shall not adversely affect soil fertility, drainage,
and lateral support of abutting land or other properties, nor shall
it contribute to soil erosion.
(b)
Quarry, mining, excavation, and/or mineral extraction operations
shall not be permitted within any wetlands or within 100 feet of any
body of surface water.
(c)
No quarrying, mining, or excavation operations, including drilling
and blasting, shall occur on Sunday and shall not be conducted between
7:00 p.m. and 7:00 a.m. during the remainder of the week.
(d)
For any open excavation that would have a depth greater than
10 feet and any slopes greater than 30%, a substantial fence shall
be provided and approved by the Zoning Officer as adequate. Such a
fence shall include gates at appropriate locations for emergency access.
(e)
Grading, backfilling, and replacement of all overburden material
shall be done in a manner that will restore the site to the same or
more suitable condition and usable grade as existed on the site prior
to the mineral extraction operations.
(f)
The sidewalls of any quarrying, mining, or excavation operation
that are not completely backfilled shall have a slope no greater than
one foot of vertical distance for each two feet of horizontal distance.
(g)
Dust and debris from the operation shall not be permitted to
accumulate within any public right-of-way.
(h)
All operations shall be separated from any abutting residential
uses by a buffer yard of no less than 100 feet. Within the buffer
yard, the developer shall provide vegetation to provide visual screening.
The screening shall contain various types and sizes of plant species,
arranged in such a manner to establish an effective visual barrier.
(i)
All operations shall be set back a minimum of 50 feet from all
exterior lot lines and 100 feet from an existing residential use.
(j)
All operations shall be reasonably screened from view of arterial
and collector roads.
(k)
Any portion of an access road that is located within 100 feet
of the lot line of a residential use or a primarily residential district
shall be provided with a dustless surface.
(l)
Access roads shall connect to collector or arterial roads while
making every reasonable effort to avoid travel by heavy trucks through
residential areas.
(m)
At all stages of operations, proper drainage shall be provided
to prevent the collection and stagnation of water and to prevent harmful
effects upon surrounding properties.
V.
Multifamily community or apartment complex.
(1)
The minimum lot size shall be one acre for each proposed apartment
building.
(2)
The maximum permitted residential density shall be six dwelling units
to the acre.
(3)
The maximum number of dwelling units in an apartment building shall
be eight dwelling units.
(4)
The off-street parking requirement may be reduced to one space per
unit if the apartments are designed for elderly or handicapped residents
and limited to one-bedroom units. All parking spaces shall be located
in a common parking area. A maximum of two access driveways are permitted
to provide access to the common parking area from public streets.
Under no circumstances shall parking be permitted at the edges of
the development adjacent to existing public streets.
(5)
The minimum separation between apartment or condominium buildings
shall be 50 feet.
(6)
A site plan must be submitted with each zoning permit application
showing the interrelationships between the proposed structures, open
space or recreation areas, sidewalks, streets, parking areas, landscaping,
and other features necessary to evaluate the proposed site design.
W.
Places of worship.
(1)
The minimum lot width shall be 200 feet.
(2)
The maximum lot size shall be three acres.
(3)
A maximum of 60% of the site may be covered with impervious materials.
(4)
In addition to the standards of Article XVII of this chapter, parking areas shall not be located between the worship structure and the road right-of-way but shall instead be located to the rear or side of the structure.
(5)
Handicap parking spaces may be located between the structure and
the road right-of-way, except that no parking shall be located within
the front setback areas.
X.
Recycled materials collection and processing facilities.
(1)
All operations, including collection, shall be conducted within a
wholly enclosed building.
(2)
There shall be no outdoor storage of materials collected, used, or
generated by the operation.
(3)
The applicant shall explain the scope of the operation and any measures
used to mitigate problems associated with noise, fumes, dust, and
litter.
(4)
The applicant will assure regular maintenance and the immediate collection
of stray debris.
(5)
The lot shall have direct access onto a roadway deemed adequate by
the Township Engineer as having adequate structural and geometric
characteristics to accommodate the anticipated future truck traffic.
The applicant shall supply sufficient supporting documentation and
assessment to allow the Zoning Hearing Board to determine compliance
with this provision.
(6)
The facility shall not be located within 500 feet of any residential
use or district.
Y.
Residential cluster.
(1)
For any residential subdivision approval in accordance with the "residential
cluster" option, the proposal must meet these standards.
(2)
Minimum lot size: 12,000 square feet.
(3)
Maximum lot size: one acre.
(4)
Minimum setbacks:
(a)
Front yard: 25 feet, measured from the road or common access
drive right-of-way.
(b)
Rear yard: 25 feet measured from the rear property line.
(c)
Side yard: 10 feet measured from the side property line, provided
that the combined setback from both side yards is at least 25 feet.
(d)
For corner lots, front yard requirements shall be applied along
all property boundaries facing road rights-of-way, and rear yard requirements
shall be applied along all other property boundaries.
(5)
Minimum lot width: 90 feet.
(6)
The applicant shall demonstrate that 75% of the land area of the parent tract will remain in open land, in accordance with the open land standards established in § 150-25.
(7)
Residential clusters shall be provided with access from new loop
roads rather than from the established road network. A subdivision
plan proposing a string of residential lots along an established road
shall not be considered a residential cluster and shall not be granted
special exception approval by the Zoning Hearing Board.
(8)
Residential clusters shall be located in areas of the parent tract
which are relatively free from sensitive environmental features including,
but not limited to, floodplains, designated wetlands, and slopes in
excess of 12%.
(9)
Residential clusters shall minimize disturbance to existing woodland,
hedgerows, mature tree stands, and other significant vegetation.
(10)
Residential clusters shall be located to minimize visual impacts
on the rural landscape. To meet this requirement, residential clusters
shall not be located on the tops or ridgelines or in the middle of
open fields.
(11)
Residential clusters shall be serviced by a community or public
sewage collection and treatment system approved for use by appropriate
agencies. On-lot sewage treatment is specifically not permitted in
residential cluster projects in this district.
Z.
Restaurants with drive-through facilities.
(1)
Space for a minimum of eight occupied vehicles is required for those
patrons waiting in the drive-through line for service. This distance
shall be measured from the point at which food orders may be taken.
(2)
The required space for the drive-through line shall be separated,
to the maximum feasible extent, from parking spaces for non-drive-through
customers and from pedestrian walkways and shall be incorporated into
an overall circulation plan for the site.
(3)
The drive-through facility, including intercom and menu, driveway,
and service windows, shall be located along the side or rear of the
restaurant. In no event will the drive-through facility be permitted
along the front of the restaurant, between the restaurant and the
adjoining public road.
(4)
A site plan shall be provided to the Zoning Hearing Board for use
at the special exception hearing during which the project will be
reviewed. The site plan shall show building dimension and placement,
internal circulation, landscaping, location and size of signage, and
all other pertinent design information needed for the Zoning Hearing
Board's complete review of the project.
AA.
Self-storage facilities.
(1)
Structures containing self-storage units shall be limited to
one story and shall not exceed 12 feet in height.
(2)
Each individual storage unit shall abut a paved access aisle
at least 20 feet wide.
(3)
A security fence at least six feet high shall surround a self-storage
facility, and access through such fence shall be by way of an automatic
gate, security guard, or similar means.
(4)
A buffer yard at 25 feet in width, including a planting screen,
shall be provided when a self-storage facility abuts an existing residential
use or a residential district and shall be in accordance with the
standards for such. Within the buffer yard, the developer shall provide
vegetation to provide visual screening. The screening shall contain
various types and sizes of plant species, arranged in such a manner
to establish an effective visual barrier.
(5)
The use of individual storage units shall be restricted to household
goods and business equipment, supplies, and records. No storage of
perishable items or hazardous, explosive, or highly flammable materials,
or materials that emit noxious odors shall be permitted. No business
activities including, but not limited to, equipment servicing or repair,
shall be conducted on the site. Storage units shall not be used as
areas for rehearsals by musical groups.
(6)
No storage outside of individual units shall be permitted.
(7)
No outdoor storage of recreational vehicles, boats, or similar
vehicles shall be permitted, except in approved vehicle storage areas.
(8)
No storage of unlicensed vehicles shall be permitted.
(9)
A self-storage facility may include an office/residence for
an on-site manager/caretaker as part of the principal use. This building
shall not be used solely as a residence, but must serve, in part,
as an office for the self-storage facility. The building shall be
occupied as a dwelling by only manager/caretaker and his/her family.
A minimum of four parking spaces shall be provided adjacent to the
office/residence for use by tenants of the self-storage facility.
(11)
Lighting shall be in permitted in accordance with this chapter.
BB.
Shopping centers.
(1)
The Center shall contain a minimum of four separate uses.
(2)
Parking lots shall be designed with an easily discernible circulation
pattern, and shall meet the following requirements:
(a)
Rows of parking shall be arranged perpendicularly from the front
of the Center.
(c)
The minimum distance between the sidewalk adjacent to the main
entrances of establishments and the parking area shall be 30 feet.
The developer shall prove to the satisfaction of the Zoning Hearing
Board that sufficient spaces will exist between the sidewalk and the
parking area to allow two-way traffic, and a pickup/fire lane. Parking
shall not be permitted in the required pickup/fire lane.
(3)
The Center shall be designed as a single architectural entity.
Similar building dimensions, materials, and rooflines shall be designed
for all proposed uses within the Center.
(4)
In addition to the flat or wall sign permitted by Article XVI for each business on a lot, the Center shall be permitted one monument-style sign located near the entrance to the Center. The sign may identify the name of the Center and the individual businesses within the Center. The sign shall not exceed 100 square feet in size on each side of the sign.
CC.
Townhouse community.
[Amended 3-2-2020]
(1)
The minimum parcel size for a townhouse community project shall
be one acre.
(2)
The maximum number of attached dwelling units in any townhouse
structure shall be six dwelling units.
(3)
Any townhouse structure containing four or more dwelling units
shall be designed such that the front facade of each dwelling unit
is staggered by a minimum differential of two feet from each adjoining
dwelling unit.
(4)
A townhouse community perimeter setback of 30 feet shall be
established. All structural and parking lot improvements shall be
subject to the perimeter setback.
(5)
Parking areas shall be located either to the rear of individual
townhouse buildings or in common parking areas. Under no circumstances
shall parking be permitted within the required setbacks along the
perimeter of the townhouse community project, nor shall be permitted
in the front yards of individual townhouse structures.
(6)
A designated open space or recreation area shall be provided for any townhouse project site in excess of 12 units. The minimum open space or recreation area shall contain 300 square feet for each dwelling unit. Where townhouses are proposed as part of a cluster residential development, the open space requirements of § 150-98G and § 150-98H shall take precedence.
(7)
The minimum separation between townhouse buildings shall be
30 feet. Townhouse buildings shall be arranged, to the maximum extent
possible, such that the front and rear facades of adjacent buildings
do not face each other.
(8)
Architectural renderings shall be submitted with the special
exception application depicting the architectural styles and materials
to be used in the townhouse community. A minimum of two visually distinct
exterior building materials (such as brick, vinyl siding, or wood)
shall be used on each townhouse structure within a townhouse community.
(9)
Where permitted by special exception, a site plan must be submitted
with the special exception application showing the interrelationships
between the proposed structures, open space or recreation areas, sidewalks,
streets, parking areas, landscaping, and other features necessary
to evaluate the proposed site design.
DD.
Truck terminals.
(1)
There shall be a two-acre minimum lot size.
(2)
A two-hundred-foot setback line shall be required along any
boundary line that separates the site from a zoning district that
permits residential development or from an existing residential property.
(3)
A forty-foot buffer yard shall be provided along the exterior
lot lines, except for vehicular and pedestrian access areas traversing
the yard areas.
(4)
Within the buffer yard, the developer shall provide vegetation
to provide visual screening. The screening shall contain various types
and sizes of plant species, arranged in such a manner to establish
an effective visual barrier.
(5)
Loading and unloading docks shall be located on the side of
the building furthest removed from the closest residential structure.
(6)
The loading and unloading areas shall be designed such that
all truck maneuvering can be accomplished on the property inside all
road rights-of-way.
(7)
A site plan shall be submitted to the Township Zoning Hearing
Board for use at the Zoning Hearing Board hearing during which the
project will be reviewed. The site plan shall show building dimension
and placement, internal circulation, landscaping, and all other pertinent
design information needed for the complete review of the project.
EE.
Vehicle sales, service and/or repair.
(1)
All services not normally associated with vehicular sales, including
but not necessarily limited to major vehicular repair, shall be performed
within a completely enclosed building.
(2)
A site circulation plan shall be devised that separates those
patrons awaiting vehicle repair from those patrons awaiting other
services. At a minimum, parking shall not be permitted between the
service bays and any other component of the operation. A "No Parking"
lane shall be established in front of the entrance to the service
bays.
(3)
A site plan shall be provided to the Zoning Hearing Board for
use at the special exception hearing during which the project will
be reviewed. The site plan shall show building dimension and placement,
internal circulation, landscaping, location and size of signage, and
all other pertinent design information needed for the Zoning Hearing
Board's complete review of the project.
(4)
All repair and paint work shall be performed within an enclosed
building.
(5)
All provisions shall be made to prevent or minimize noise, odor,
vibration, light or electrical interference to adjacent lots.
(6)
Outdoor storage of vehicles shall not exceed three times the
indoor repair area, shall only be back of the front building setback
line and shall be no closer than 20 feet from side and rear lot lines.
(7)
All dismantled vehicles and vehicle parts are to be located
within an enclosed building. Outdoor storage of vehicle parts and
junk shall be prohibited.
(8)
Yard areas adjacent to any residential lot shall be suitably
screened. Within the buffer yard, the developer shall provide vegetation
to provide visual screening. The screening shall contain various types
and sizes of plant species, arranged in such a manner to establish
an effective visual barrier.
(9)
Main or accessory buildings shall not be located closer than
50 feet to any residential district or the lot line of any existing
principally residential use.
(10)
No more than five vehicles in non-drivable condition shall be
stored within view of a public road or adjacent lot.
(11)
Any vehicle on the premises longer than seven days shall be
deemed to be a stored vehicle. No vehicle shall be stored in excess
of 45 days.
(12)
No recreational vehicle that is under repair at a repair station
shall be utilized for temporary dwelling purposes during the time
that it is stored at the repair station.
FF.
Vehicle washing facility.
(1)
Automatic, semiautomatic, and self-service vehicle washing facilities
are limited to the services of cleaning and waxing vehicles.
(2)
Such activities shall be performed only within enclosed buildings,
with the exception of hand-drying and finishing operations.
(3)
The lot shall be graded such that process water shall not run
off across the lot, onto any adjacent lot, or onto a public road.
(4)
A grease trap shall be provided within the sewer hookup designed
in accordance with the requirements of the plumbing inspector.
(5)
Vehicle storage and waiting spaces shall be provided at the
rate of not less than five spaces for each bay in a self-service washing
facility and not less than 10 spaces for each vehicle which can be
accommodated within an automatic or semiautomatic washing facility.
(6)
All vehicle storage and waiting areas shall be designed and
located so as not to intrude into any required yard area.
(7)
Buildings shall not be located closer than 50 feet to any residential
district or any existing residential use.
(8)
Where a vehicle washing facility adjoins a residential property
or a residential district, the hours of operation shall not be earlier
than 6:30 a.m., prevailing time, nor later than 10:00 p.m., prevailing
time.
(9)
Any drive-through facilities shall comply with the following
provisions:
(a)
Space for a minimum of eight vehicles is required for those
patrons waiting in the drive-through line for service.
(b)
The required space for the drive-through line shall be separated,
to the maximum feasible extent, from parking spaces for non-drive-through
customers and from pedestrian walkways and shall be incorporated into
an overall circulation plan for the site.
(c)
The drive-through facility shall be located along the side or
rear of the building. In no event will the drive-through facility
be permitted along the front of the car wash, or between the car wash
and the adjoining public road.
GG.
Veterinarian facilities and animal hospital.
(1)
A minimum lot size of at least two acres shall be required for
those animal hospitals treating small animals (such as dogs, cats,
and birds). A minimum lot size of at least three acres shall be required
for those animal hospitals treating large animals (such as cattle,
horses, and other livestock).
(2)
All buildings in which animals are housed or provided care shall
be located at least 100 feet from all lot lines. Buildings shall be
adequately soundproofed so that sounds outside the building will be
minimized and not result in a nuisance.
(3)
Outdoor animal runs may be provided for small animals so long
as a visual barrier at least four feet in height is provided between
the runs and a double evergreen screen at least six feet in height
is provided around the runs. No animal shall be permitted to use the
outdoor runs from 10:00 p.m. to 7:00 a.m.
(4)
An animal hospital shall not include the sheltering of stray,
abandoned or unwanted animals.
(5)
Animals may be kept overnight on a limited basis as deemed medically
necessary by veterinarian for follow-up to specific treatment that
requires such a stay. Animals that are kept overnight must remain
inside the building and may be taken outside for a limited time only
by office staff. The overnight or multinight boarding of animals that
is not related to a medical procedure shall be prohibited.
HH.
Warehouses or wholesale businesses.
(1)
These provisions do not apply to wholesale buying or membership
clubs that are open to the public.
(2)
There shall be a two-acre minimum lot size.
(3)
A two-hundred-foot setback line shall be required along any
boundary line that separates the site from a zoning district that
permits residential development or from an existing residential property.
(4)
A forty-foot buffer yard shall be provided along the exterior
lot lines, except for vehicular and pedestrian access areas traversing
the yard areas.
(5)
Within the buffer yard, the developer shall provide vegetation
to provide visual screening. The screening shall contain various types
and sizes of plant species, arranged in such a manner to establish
an effective visual barrier.
(6)
Loading and unloading docks shall be located on the side of
the building farthest from the closest adjacent residential structure.
(7)
The loading and unloading areas shall be designed such that
all truck maneuvering can be accomplished on the property inside all
road rights-of-way.
(8)
A site plan shall be submitted to the Township Zoning Hearing
Board for use at the Zoning Hearing Board hearing during which the
project will be reviewed. The site plan shall show building dimension
and placement, internal circulation, landscaping, and all other pertinent
design information needed for the Board of Supervisors' complete review
of the project.
(9)
Truck or rail access and operations shall not conflict with
the convenience and safety of vehicular traffic and parking.
(10)
No storage of trash, garbage, refuse, explosive or flammable
materials, hazardous substances, or similar items shall be permitted.
II.
Wildlife sanctuary/nature preserves.
(1)
The use shall be conducted on a lot at least 10 acres in size.
(2)
No animal which is dangerous or capable of causing harm to persons
or damage to property shall be permitted to roam free.
(3)
Every barn, animal shelter, stable, cage, feed yard or manure
storage area shall be at least 300 feet from all lot lines, residential
district boundaries, and dwellings, except the dwelling of the owner
or lessee.
JJ.
Wireless communications antennas.
(1)
These standards apply to wireless communications antennas mounted
on an existing public utility transmission tower, building, or other
structure, along with associated communications equipment buildings.
(2)
Building-mounted wireless communications antennas shall not
be located on any single-family detached dwelling.
(3)
Building-mounted wireless communications antennas shall not
be permitted to exceed the height limitations of the applicable zoning
district by more than 20 feet. Omnidirectional or whip wireless communications
antennas shall not exceed 20 feet in height or seven inches in diameter.
(4)
Directional or panel wireless communications antennas shall
not exceed five feet in height and three feet in width.
(5)
Any applicant proposing wireless communications antennas to
be mounted on a building or other structure shall submit evidence
from a Pennsylvania-registered professional engineer certifying that
the proposed installation will not exceed the structural capacity
of the building or other structure, considering wind and other loads
associated with the antenna location.
(6)
Any applicant proposing wireless communications antennas to
be mounted on a building or other structure shall submit detailed
construction and elevation drawings indicating how the antennas will
be mounted on the structure for review by the enforcement officer
for compliance with all codes and applicable law.
(7)
Any applicant proposing wireless communications antennas to
be mounted on a building or other structure shall submit evidence
of agreements and/or easements necessary to provide access to the
building or structure on which the antennas are to be mounted so that
installation and maintenance of the antennas and wireless communications
equipment building can be accomplished.
(8)
Wireless communications antennas shall comply with all applicable
standards established by the Federal Communications Commission governing
human exposure to electromagnetic radiation.
(9)
Wireless communications antennas shall not cause radio frequency
interference with other communications facilities located in Hamilton
Township.
(10)
Any wireless communications equipment building shall be subject
to the height and setback requirements of the applicable zoning district
for an accessory structure.
(11)
The owner or operator of the wireless communications antennas
shall be licensed by the Federal Communications Commission to operate
such antennas.
KK.
Wireless communications towers.
[Amended 1-3-2022]
(1)
Evaluation of siting opportunities. An applicant seeking approval
to erect or enlarge a tower-based wireless communications tower shall
demonstrate compliance with the following requirements:
(a)
An applicant shall demonstrate that all structures in excess
of 50 feet in height within a one-mile radius of the proposed site
have been evaluated as a co-location site. Co-location opportunities
include, but are not limited to, smokestacks, water towers, agricultural
silos, tall buildings, towers operated by other wireless communication
companies, and other communications towers (fire, police, etc.). The
applicant shall provide a site alternative analysis describing the
location of potential co-location sites that were considered, the
availability of those sites, the extent to which other sites do or
do not meet the provider's service or engineering needs, and
the reason why the alternative site was not chosen. Where a potential
co-location site is not chosen, supplementary evidence shall include
one or more of the following reasons for not proposing to co-locate
on the alternative site:
[1]
The proposed antennas and related equipment would exceed the
structural capacity of the existing structure, as certified by an
engineer certified in the Commonwealth of Pennsylvania, and that appropriate
reinforcement cannot be accomplished.
[2]
The proposed antennas and related equipment would cause radio-frequency
interference with other existing equipment, as certified by an appropriate
technical expert, and that the interference cannot be effectively
mitigated.
[3]
The existing structure does not possess appropriate location,
space, or access to accommodate the proposed antennas and equipment
or to allow the antennas and equipment to perform their intended function.
[4]
Addition of the proposed antennas and related equipment would
result in electromagnetic radiation from such structure that exceeds
applicable standards established by the Federal Communications Commission
governing human exposure to electromagnetic radiation. Such a determination
shall be certified by an appropriate technical expert.
[5]
A commercially reasonable agreement could not be reached with
the owners of such structures. Where such an agreement is not reached,
the applicant shall indicate why any offers or counteroffers made
were deemed to be unreasonable.
(b)
If the applicant claims that no structures in excess of 50 feet
exist within the study area, the applicant shall provide evidence
detailing how such determination was made. Such written evidence shall
be submitted, and deemed to be complete, before approval for the erection
of a wireless communications tower may occur.
(c)
An applicant shall demonstrate that the proposed facility is
needed at the proposed location. The applicant shall provide an existing
coverage analysis demonstrating a "dead spot" at or near the proposed
tower location.
(d)
An applicant shall provide a written analysis that identifies
potential negative impacts on neighboring residents and properties
and indicates how negative impacts will be effectively mitigated.
(2)
Siting requirements. Where the applicant has demonstrated that
no co-location opportunities exist to site a wireless communications
antenna on an existing structure and that a wireless communications
tower is necessary, the following siting criteria must be met:
(a)
The minimum distance between the base of the wireless communications
tower, or any anchoring guy wires, and any property line or public
road right-of-way shall be a minimum of 30% of the tower height.
(b)
The minimum distance between the base of the tower, or any anchoring
guy wires, and residential, place of worship, or school structures
shall be a minimum of 50% of the tower height or one 100 feet, whichever
is greater.
(3)
Tower height. An applicant must demonstrate that a proposed
wireless communications tower is the minimum height required to function
satisfactorily. In no case shall a wireless communications tower exceed
180 feet. The measurement of tower height shall include the tower
itself as well as any antennas or other equipment attached thereto.
(4)
Tower safety: An applicant shall demonstrate that the proposed
tower will not affect surrounding properties as a result of structural
failure, falling ice or other debris, or radio-frequency interference.
(5)
All wireless communications towers shall be fitted with anticlimbing
devices, as approved by the manufacturers. A detail confirming the
design of such features shall be included in the application for approval
of the wireless communications tower.
(6)
Tower type. The applicant shall use the monopole, or davit-pole,
type of wireless communications tower.
(7)
Landscaping. The applicant shall demonstrate compliance with
the following landscaping requirements:
(a)
The base of the wireless communications tower, any supporting
cables or guy wires, maintenance buildings, and parking areas shall
be enclosed by a protective fence. The protective fence shall be a
minimum of six feet in height.
(b)
An evergreen screen shall be planted around the external perimeter
of the protective fence. Evergreen trees shall be a minimum of six
feet at planting and shall reach a minimum height of 15 feet at maturity.
Any trees which die within a year of planting shall be replaced by
the applicant. Where the tower site is either fully or partially located
within a grove of existing trees, the evergreen screen requirement
may be waived along any portion of the protective fence that is blocked
from view from beyond the property line hosting the facility by said
grove of trees.
(8)
Color. Where a specific color pattern is not required by the
Federal Aviation Administration (FAA), wireless communications tower
colors shall be a light grey or galvanized metal color. Towers shall
be finished or treated in a manner that prevents the formation of
rust.
(9)
Site access. Access to a wireless communications tower facility
shall be provided by an access driveway located within an easement
of at least 20 feet in width. The access driveway shall be a minimum
of 10 feet in width and shall be constructed with a dust-free, all-weather
surface for its entire length.
(10)
Land development plan approvals. An applicant shall obtain land
development approval from the Hamilton Township Board of Supervisors
in accordance with applicable provisions of the applicable Subdivision
and Land Development Ordinance[10] prior to zoning permit approval.
(11)
A list of the contents of the equipment building or box, with
specific attention to any potentially unsafe or toxic substances,
including batteries, to be located in the facility, shall be provided.
Documentation demonstrating how any spills of unsafe or toxic material
will be contained within the equipment building or box shall also
be provided.
(12)
Information regarding the intended power supply and auxiliary
power supply for the facility shall be provided.
LL.
Slaughterhouses.
[Added 4-6-2015 by Ord.
No. 134]
(1)
General standards for all slaughterhouse operations.
(a)
The slaughterhouse shall have all necessary federal and state
licenses and approvals, and comply with all state and federal health
and safety regulations. This shall include all licenses and permits
from the United States Department of Agriculture or the Pennsylvania
Department of Agriculture, as appropriate, to enable the removal of
meat and/or parts of an animal from the premises by someone other
than the owner or operator of the underlying farm, agricultural operation
or slaughtering operation. A copy of these licenses or permits shall
be provided to the Township before final approval is granted.
(b)
All structures associated with the operation shall be located
at least 500 feet from all property lines, with the exception that
if the facility includes a retail sales outlet, the front of the retail
sales outlet may be as close as 50 feet from the public road right-of-way.
(c)
All stock pens housing live animals associated with the slaughterhouse
operation shall be at least 200 feet from any public right-of-way
or property line. Operations not subject to licensure by the US Department
of Agriculture shall not be permitted to store live animals on-site
overnight unless the product of the slaughterhouse operations will
be for personal use only.
(d)
The slaughterhouse operation shall be served by an approved
on-site sewage treatment system.
(e)
The slaughterhouse operation shall be served by a potable water
source and have hot and cold running water available on-site.
(f)
A minimum of one ADA accessible restroom shall be provided on
site.
(g)
Waste, by-products or any decomposable residue which results
from the slaughtering of animals shall be disposed of in accordance
with all applicable federal, state and local regulations. These items
shall be refrigerated while on the premises, stored in airtight containers
and confined in a fully enclosed structure.
(h)
All waste, by-products or any decomposable residue shall be
removed from the premises within 48 hours of being produced. Burying,
burning, drying, flushing or chemically decomposing these items on
site is prohibited.
(i)
Manure from stock pens or holding areas shall be removed from
the site daily or stored in a manner to control odor, in accordance
with any applicable state law.
(j)
A smooth, nonpervious floor shall be provided in all kill and
slaughter areas. Under no circumstances shall a floor comprised of
dirt, soil, gravel, stone or other similar material be considered
compliant with this standard.
(k)
When applicable, the design, construction and operation of the
facility must meet or exceed the requirements of all relevant state
and federal regulations, and the operation must conform to the requirements
of Agricultural Handbook 570, United States Inspected Meat and Poultry
Packing Plants, a Guide to Construction and Layout, published by the
United States Department of Agriculture in February 1981, as amended.
(m)
All parking and loading areas shall be paved in accordance with the requirements of Article XVII.
(n)
A landscape buffer shall be provided around all buildings associated
with the slaughterhouse operation. Said buffer shall have a minimum
initial height of five feet and a mature height of no less than 12
feet.
(o)
Where kill and slaughter actions take place in an open-air slaughterhouse, the kill and slaughter area shall be enclosed on all sides by twelve-foot-high fence that obscures the entire area inside the fence from outside view. Additionally, landscaping in accordance with § 150-98LL(1)(n) shall be provided around the outside of the fence.
(p)
A stormwater management plan shall be prepared in accordance
with the requirements of the Township's Stormwater Management Ordinance.
MM.
Fairground.
[Added 3-2-2020]
(1)
General standards for fairgrounds.
(a)
The following uses shall be considered accessory uses to a fairground:
[1]
Administrative and maintenance buildings associated with the
fairgrounds.
[2]
Agricultural, horticultural and animal related events.
[3]
Auctions, fairs, festivals, exhibitions and trade shows.
[4]
Banquet and meeting facilities.
[6]
Festivals, expositions, events, and fairs and related structures.
[7]
Food and beverage services, including banquets, catering and
concessions.
[8]
Live entertainment events and venues.
[9]
Outdoor recreation.
[10]
Retail businesses, less than 3,000 square feet.
[11]
Seasonal displays.
(b)
The following area and bulk requirements shall apply to a fairground
as well as all permitted accessory uses associated with a fairground.
Where these requirements conflict with other similar requirements
elsewhere in this ordinance, the requirements of this section shall
take precedent:
(c)
All designated side and rear setbacks shall have a minimum of a ten-foot landscaping buffer that conforms to the requirements of § 150-118H(6). Retention of existing trees on site shall be prioritized over new plantings where possible.
NN.
Academic clinical research center.
[Added 9-13-2021]
(1)
An academic clinical research center may grow medical marijuana
only in an indoor, enclosed, and secure Building which includes electronic
locking systems, electronic surveillance and other features required
by the Pennsylvania Department of Health.
OO.
Medical marijuana dispensary facility.
[Added 9-13-2021]
(1)
The medical marijuana dispensary must be legally registered
in the commonwealth and possess a current valid medical marijuana
permit from the Pennsylvania Department of Health.
(2)
The medical marijuana dispensary may only dispense medical marijuana
in an indoor, enclosed, permanent, and secure building.
(3)
The medical marijuana dispensary may not operate on the same
site as a medical marijuana grower/processor facility.
(4)
The medical marijuana dispensary facility shall have a single
secure public entrance and shall implement security measures to prevent
the unauthorized entrance into areas containing medical marijuana.
(6)
The medical marijuana dispensary facility shall prohibit the
administration of, or the consumption of, medical marijuana on the
premises.
(7)
The medical marijuana dispensary facility may not be located
within 1,000 feet of the property line of an educational institution
or a day-care center. This distance shall be measured in a straight
line from the closest exterior wall of the Building or portion thereof
in which the business is conducted or proposed to be conducted, to
the closest property line of the protected use, regardless of the
municipality in which it is located.
(8)
The medical marijuana dispensary facility shall be separated
by a minimum distance of 1,000 feet from any other medical marijuana
dispensary facility. This distance shall be measured in a straight
line from the closest exterior walls of the Buildings or portions
thereof in which the medical marijuana dispensary facilities are conducted
or proposed to be conducted, regardless of the municipality in which
it is located.
PP.
Medical marijuana grower/processor.
[Added 9-13-2021]
(1)
The medical marijuana grower/processor must be legally registered
in the commonwealth and possess a current valid medical marijuana
permit from the Pennsylvania Department of Health.
(2)
The medical marijuana grower/processor may only grow medical
marijuana in an indoor, enclosed, and secure building which includes
electronic locking systems, electronic surveillance and other features
required by the Pennsylvania Department of Health.
(3)
Marijuana remnants and byproducts shall be secured and properly
disposed of in accordance with the Pennsylvania Department of Health
policy and shall not be placed within any unsecure exterior refuse
containers.
(4)
The medical marijuana grower/processor shall provide only wholesale
products to other medical marijuana facilities. Retail sales and dispensing
of medical marijuana and related products is prohibited at medical
marijuana grower/processor facilities.
(5)
The medical marijuana grower/processor may not be located within
1,000 feet of the property line of an educational institution or a
day-care center. This distance shall be measured in a straight line
from the closest exterior wall of the Building or portion thereof
in which the business is conducted or proposed to be conducted, to
the closest property line of the protected use, regardless of the
municipality in which it is located.
(6)
A water supply feasibility report, prepared in accordance with
relevant requirements of the Hamilton Township Subdivision and Land
Development Ordinance, shall be prepared to demonstrate that sufficient
water resources are available to serve the proposed Use. In addition
to meeting all requirement of the applicable Subdivision and Land
Development Ordinance, the report shall assess any water quality and
water quantity impacts for all public and private wells within a mile
of the proposed medical marijuana grower/processor facility. The report
shall be prepared by a licensed hydrogeologist.
QQ.
Medical marijuana transport vehicle service.
[Added 9-13-2021]
(1)
Any medical marijuana storage, including temporary storage,
at a medical marijuana transport vehicle service facility shall be
secured to the same level as that for a medical marijuana grower/processor
facility.
(2)
Transport vehicles associated with a medical marijuana transport
vehicle service shall be equipped with a locking cargo area.
(3)
Transport vehicles associated with a medical marijuana transport
vehicle service shall have no markings that would identify the vehicle
as being used to transport medical marijuana.
RR.
Solar energy facility (SEF).
[Added 9-13-2021]
(1)
Criteria applicable to all SEFS:
(a)
The SEF layout, design and installation shall conform to applicable
industry standards, such as those of the American National Standards
Institute (ANSI), Underwriters Laboratories (UL), the American Society
for Testing and Materials (ASTM),), Institute of Electrical and Electronics
Engineers (IEEE), Solar Rating and Certification Corporation (SRCC),
Electrical Testing Laboratory (ETL), Florida Solar Energy Center (FSEC)
or other similar certifying organizations, and shall comply with the
PA Uniform Construction Code as enforced by Hamilton Township and
with all other applicable fire and life safety requirements. The manufacturer
specifications for the key components of the system shall be submitted
as part of the application.
(b)
All on-site transmission and plumbing lines shall be placed
underground to the extent feasible.
(c)
Solar facility connections shall be placed underground unless:
[1]
The electric lines will be placed on existing utility poles
that host existing electric, cable, or telephone lines; or
[2]
The applicant can demonstrate, to the satisfaction of the Township,
that it is not possible to place the connection underground, in which
case only the portion of the line which is not capable of placement
underground, as determined by the Township, may be placed above ground.
(d)
No portion of the SEF shall contain or be used to display advertising.
The manufacturer's name and equipment information or indication
of ownership shall be allowed on any equipment of the SEF provided
they comply with the prevailing sign regulations.
(e)
Glare.
[1]
All SEF shall be placed such that concentrated solar radiation
or glare does not project onto nearby structures or roadways.
[2]
The applicant has the burden of proving that any glare produced
does not have significant adverse impact on neighboring or adjacent
uses either through siting or mitigation.
(f)
The SEF owner and/or operator shall maintain a phone number
and identify a person responsible for the public to contact with inquiries
and complaints throughout the life of the project and provide this
number and name to the Township. The SEF owner and/or operator shall
make reasonable efforts to respond to the public's inquiries
and complaints.
(g)
Decommissioning.
[1]
The SEF owner is required to notify the Township immediately
upon cessation or abandonment of the operation. The SEF shall be presumed
to be discontinued or abandoned if no electricity is generated by
such system for a period of 12 continuous months.
[2]
The SEF owner shall then have 12 months in which to dismantle
and remove the SEF including all solar-related equipment or appurtenances
related thereto, including but not limited to buildings, cabling,
electrical components, roads, foundations, solar facility connections
and other associated facilities.
[3]
To the extent possible the materials shall be re-sold or salvaged.
Materials that cannot be re-sold or salvaged shall be disposed of
at a facility authorized to dispose of such materials by federal or
state law.
[4]
Any soil exposed during the removal shall be stabilized in accordance
with applicable erosion and sediment control standards.
[5]
Any access drive paved aprons from public roads shall remain
for future use.
[6]
The SEF site area shall be restored to its pre-existing condition,
suitable for its prior use, except the landowner may authorize, in
writing, any buffer landscaping or access roads installed to accommodate
the SEF to remain.
[7]
Any necessary permits, such as erosion and sedimentation and
NPDES permits, shall be obtained prior to decommissioning activities.
[8]
At the time of issuance of the permit for the construction of
the SEF, the owner shall provide financial security in the form and
amount acceptable to the Township to secure its obligations under
this section.
[a]
The SEF developer shall, at the time of application,
provide the Township with an estimate of the cost of performing the
decommissioning activities required herein, together with an administrative
and inflation factor of 25% to account for the cost of obtaining permits
to complete said activities. The estimate may include an estimated
salvage and resale value, discounted by a factor of 20%. The decommissioning
cost estimate formula shall be: gross cost of decommissioning activities
+ administrative factor of 25% - salvage and resale credit of 80%
= the decommissioning cost estimate.
[b]
On every fifth anniversary of the date of providing
the decommissioning financial security the SEF owner shall provide
an updated decommission cost estimate, utilizing the formula set forth
above with adjustments for inflation and cost and value changes. If
the decommissioning security amount changes, the SEF Owner shall remit
the increased financial security to the Township within 30 days of
the approval of the updated decommissioning security estimate by the
Township.
[c]
Decommissioning security estimates shall be subject
to review and approval by the Township and the SEF developer/owner
shall be responsible for administrative, legal, and engineering costs
incurred by the Township for such review.
[d]
At no time shall the financial security be an amount
less than $500,000.
[e]
The decommissioning security may be in the form
of cash, letter of credit, or an investment grade corporate guarantee
rated BBB-/Baa3 or better by S&P, Moody's, or AM Best, as
applicable.
[f]
Prior to approval of any plan or permit for an
SEF, the SEF developer shall enter into a decommissioning agreement
with the Township outlining the responsibility of the parties under
this agreement as to the decommissioning of the SEF.
(h)
Permit requirements.
[1]
SEF shall comply with the Township subdivision and land development
requirements. The installation of SEF shall be in compliance with
all applicable permit requirements, codes, and regulations.
[2]
The SEF owner and/or operator shall repair, maintain and replace
the SEF and related solar equipment during the term of the permit
in a manner consistent with industry standards as needed to keep the
SEF in good repair and operating condition.
(2)
Ground-mounted principal solar energy systems:
(a)
Minimum lot size: The minimum lot size for every lot on which
an SEF, or a component of an SEF, is proposed shall be 100 acres.
(b)
Proportion of lot to be devoted to solar arrays: For each lot
on which an SEF, or a component of an SEF, is proposed, the following
calculations shall be performed to determine the proportion of the
lot on which solar arrays may be authorized.
[1]
Calculate constrained area: Calculate the constrained area by
calculating the sum of the acreage of the following features that
appear on a lot.
[a]
Floodplains, as identified in the Hamilton Township
Floodplain Ordinance.
[b]
Natural and man-made drainage corridors, extending
25 feet from the center line of any such drainage feature.
[c]
Wetlands.
[d]
Wetlands buffer extending 50 feet from any wetland.
[e]
Slopes in excess of 15%.
[f]
Wooded areas.
[g]
Road rights-of-way.
[h]
Setback areas, as defined in the underlying zoning
district.
[2]
Calculate SEF development area: Calculated the SEF development
area by subtracting the constrained area from the lot area.
[3]
Calculate the portion of the SEF development area that may be
devoted to solar arrays: Calculate the total acres of land within
the SEF development area that are comprised of Class I and II agricultural
soils, as identified in official Federal soils mapping or a more accurate
professional study. Subtract 1/2 of this figure from the SEF development
area to determine the Portion of the SEF development area that may
be devoted to solar arrays.
[4]
For each lot on which an SEF, or a component of an SEF, is proposed,
a map shall be provided by the applicant detailing the constrained
area, the SEF development area, the Class I and II agricultural soils,
and the portion of the SEF Development that may be devoted to solar
arrays.
[5]
Solar arrays shall only be placed within that portion of any
lot that lies within the portion of the SEF Development that may be
devoted to solar arrays.
(c)
Minimum setbacks: All components, including fencing, of an SEF
shall be set back from any property line a minimum of 100 feet.
(d)
Height. All ground-mounted SEF shall comply with a fifteen-foot
maximum height requirement.
(e)
Coverage.
[1]
The following components of a ground-mounted SEF shall be considered
impervious coverage and calculated as part of the impervious coverage
limitations for the underlying zoning district:
[2]
The horizontal area of a ground-mounted solar panel which allows
for vegetation below the panels shall not be included in the impervious
coverage limitations for the underlying Zoning District.
(f)
Ground-mounted SEF shall be screened and buffered in accordance
with the following standards.
[1]
A minimum thirty-foot-wide buffer yard with plant screening
shall be required along all lot lines. The required buffer yard shall
be extended to 50 feet along all lot lines adjoining a residential
zone.
[2]
A required yard may overlap a required buffer yard, provided
the requirement for each is met. The buffer yard shall be measured
from the district boundary line, street right-of-way line or lot line,
whichever is applicable. Required plantings shall not be placed within
the right-of-way, except that the Township may allow deciduous canopy
trees.
[3]
The buffer yard shall be a landscaped area free of structures,
dumpsters, commercial or industrial storage or display, signs, manufacturing
or processing activity, materials, loading and unloading areas or
vehicle parking or display.
[4]
Plant screening shall be installed around the entire perimeter
of the SEF installation. If existing healthy trees with a trunk diameter
of six inches or greater (measured 4.5 feet above the ground level)
exist within the buffer yard, they shall be preserved to the maximum
extent feasible. The Zoning Officer may certify that preserving existing
mature trees and shrubs within the buffer yard will meet the same
purposes as the new plant screening. In such case, part or all of
the new plant screening may be waived in writing by the Zoning Officer.
[5]
The plant screening shall be installed along the exterior side of the fencing required by § 150-98RR(2)(h)[1]. All required plant screening shall be located within 50 feet of the required fencing.
[6]
Prior to the issuance of a permit under this subsection where
a buffer yard would be required, and on any required subdivision or
land development plan, the applicant shall submit plans showing:
[7]
Plant screening shall be designed in accordance with the following
standards:
[a]
Plant materials needed to form the visual screen
shall have a minimum height when planted of four feet. In addition,
an average of one deciduous shade tree, with a minimum trunk diameter
of two inches measured six inches above the finished ground level,
shall be placed for each 50 feet of length of the buffer yard. The
shade trees may be clustered or spaced unevenly.
[b]
Plants needed to form the visual screen shall be
of such species, spacing and size as can reasonably be expected to
produce within three years a mostly solid year-round visual screen
at least six feet in height.
[c]
The plant screen shall be placed so that at maturity
the plants will not obstruct a street or sidewalk.
[d]
The plant visual screen shall extend the full length
of the lot line, except for: a) Township-approved points of approximately
perpendicular vehicle or pedestrian ingress and egress to the lot,
b) locations necessary to comply with safe sight distance requirements
where the plantings cannot feasibly be moved further back, and c)
locations needed to meet other specific state, Township and utility
requirements, such as stormwater swales.
[e]
Plant screening shall be designed to emulate the
mix of species and appearance of existing tree lines, hedge rows,
and wooded areas already in existence within the landscape where the
SEF is proposed. The applicant shall, as a component of the buffer
yard plan, assess the species mix and characteristics found in existing
tree lines, hedge rows, and wooded areas surrounding the SEF and document
that the plant screening is designed to emulate these characteristics.
[f]
The primary use of evergreen trees shall not be
permitted, and a monotonous straight row of the same species, particularly
evergreen trees, is specifically prohibited.
[g]
American arborvitae and similar weak-stem plants
shall not be used to meet the buffer yard requirements. A monotonous
straight row of the same species is discouraged. A more naturalistic
form of planting is encouraged with a mix of species. If more than
20 evergreen plants are proposed, no more than 50% shall be of one
species.
[h]
Earth berms shall not be used as an additional
or alternative method to provide screening of the SEF facility. The
plant screening area shall retain the topographic characteristics
of the setting.
(g)
Ground-mounted SEF shall not be placed within any legal easement
or right-of-way location or be placed within any stormwater conveyance
system, unless the applicant can demonstrate, to the satisfaction
of the Township, that the SEF will not impede stormwater management,
or in any other manner that would alter or impede stormwater runoff
from collecting in a constructed stormwater conveyance system.
(h)
Security.
[1]
All ground-mounted SEFs shall be completely enclosed by a minimum
eight-foot fence with a self-locking gate. The fence shall closely
follow the perimeter of the SEF installation.
[2]
A clearly visible warning sign shall be placed at the base of
all pad-mounted transformers and substations and on the fence surrounding
the SEF informing individuals of potential voltage hazards.
(i)
Access.
[1]
At a minimum, a twenty-five-foot-wide access road must be provided
from a state or Township roadway to the SEF site.
[2]
At a minimum, a twenty-foot-wide cartway shall be provided between
the solar array rows to allow access for maintenance vehicles and
emergency management vehicles including fire apparatus and emergency
vehicles. Cartway width is the distance between the bottom edge of
a solar panel to the top edge of the solar panel directly across from
its measure at its greatest parallel width.
[3]
At a minimum, a twenty-five-foot-wide cartway shall be provided
between the solar array and the fencing required in § 150-98.RR(2)(h)[1]
above to allow access for maintenance and emergency vehicles.
[4]
Access to the SEF shall comply with the municipal access requirements
in the Subdivision and Land Development Ordinance.
(j)
The ground-mounted SEF shall not be artificially lighted except
to the extent required for safety or applicable federal, state, or
local authority.
(k)
Grading. Grading of the lot on which the SEF is located shall
be limited as follows:
(l)
Stormwater management.
[1]
Stormwater runoff from an SEF shall be managed in accordance
with the requirements of the Hamilton Township Stormwater Management
Ordinance.
[2]
Where solar panels are mounted above the ground surface allowing
for vegetation below the panels, the horizontal area of the panel
may be considered a disconnected impervious area ("DIA"), and therefore
will have no increase from the pre-development to post-development
runoff coefficient. The horizontal area of the panel can only be considered
a DIA if the following conditions apply:
[a]
Where natural vegetative cover is preserved and/or
restored utilizing low-impact construction techniques from the Pennsylvania
Department of Environmental Protection Stormwater Best Management
Practices Manual, including, but not limited to, the following: minimizing
the total disturbed area, minimizing soil compaction in disturbed
areas, and re-vegetating and re-foresting disturbed areas using native
species.
[b]
Where the vegetative cover has a minimum uniform
90% perennial vegetative cover with a density capable of resisting
accelerated erosion and sedimentation.
[i]
For panels located on slopes of 0% to 5% a minimum
four-inch height of vegetative cover shall be maintained.
[ii]
For panels located on slopes between 5% and 10%
a meadow condition shall be maintained.
[iii]
Panels located on slopes between 10% and 15%
cannot be considered DIA.
[iv]
Solar panels located on slopes over 15% are not
permitted per § 150-98.RR(2)(b)[1][e].
[v]
Vegetated areas shall not be subject to chemical
fertilization or herbicide/pesticides application, except for those
applications necessary to establish the vegetative cover or to prevent
invasive species and in accordance with an approved erosion and sediment
control plan.
[vi]
Agrivoltaics, the co-development of the same area
of land for both solar photovoltaic power and conventional agriculture,
may be used provided that:
[A]
Only shade tolerant crops may be used;
[B]
Crops must be not tilled in;
[C]
A written erosion and sediment control plan must
be developed for agricultural plowing or tilling activities or a portion
of the overall farm conservation plan must identify BMPs used;
[D]
Any cutting or mowing of the agricultural crop
is limited to a height of no less than four inches;
[E]
Application of chemical fertilization or herbicides/pesticides
is limited to the agronomic needs to the crop(s).
[d]
Where the length of the receiving, overland, vegetated
area, downhill of each solar array is equal to or greater than the
contributing, maximum, combined, horizontal length of the solar arrays.
The grass area below each solar array shall not be considered in the
length of the receiving, overland, vegetated area.
[e]
Where the contribution flow path or total combined
horizontal length of a solar array is less than 75 feet.
[f]
Where less than 5% of the horizontal area of the
solar panels themselves are disturbed and/or covered by the ground-mounted
support structures of foundation.
[g]
Where the lowest vertical clearance along the drip
edge or drip line of all solar panels within a solar array is 10 feet
or less from the surface of the ground but an adequate height to promote
vegetative growth below the solar array.
[h]
Where the drip edge or drip line of the solar panels
are mounted level to promote sheet flow discharge unless no more than
500 square feet of contributing surface will discharge to any one
point, in which case a spreading device is required for the concentrated
discharges.
[3]
The horizontal area of any solar panel or solar array that cannot
meet all the conditions to be considered DIA, as listed in § 150-98RR(2)(1)[2],
shall be treated as impervious area. These areas shall be included
in the pre-development to post-development runoff analysis as impervious
area to determine the need for post-construction stormwater management
("PCSM") best management practices.
[a]
Use of gravel is permissible under a panel or in
the receiving downhill flow path; however, the use of gravel would
not allow the horizontal area of the solar panel or solar array to
be considered as a DIA.
[b]
All impervious areas associated with the SEF such
as roadways and support buildings cannot be considered a DIA and shall
follow normal protocols when performing the PCSM stormwater analysis.
[c]
When the ground-mounted solar panels cannot meet
the conditions to be considered a DIA, the impervious area shall be
analyzed using the Industrial Land Use Description with Runoff Curve
Numbers between 81 for Hydraulic Soil Group A and 93 for Hydraulic
Soil Group D.
(3)
Roof- and wall-mounted principal solar energy systems:
(a)
For roof- and wall-mounted systems, the applicant shall provide
evidence that the plans comply with the Uniform Construction Code
and adopted building code of the Township that the roof or wall is
capable of holding the load imposed on the structure.
(b)
The total height of a building with a roof and wall-mounted
system shall not exceed by more than three feet above the maximum
building height specified for principal or accessory buildings within
the applicable zoning district.
