Township of Hanover, PA
Northampton County
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Table of Contents
Table of Contents

§ 185-13 Scope.

A. 
Definition. "All districts" are the districts listed in § 185-8C of this chapter.
B. 
Scope of this article. Unless otherwise noted, provisions and requirements of this article apply to all classes of districts listed in § 185-8C.

§ 185-14 Lot, visibility, yard and setback requirements.

A. 
Lot requirements.
(1) 
A minimum required lot or open space size for one building or structure shall not be used as any part of a required lot or yard for a second structure except as may be approved by the Board of Supervisors during site or land development plan review.
(2) 
The required lot or yard for an existing building or structure shall not be diminished below the minimum requirements of the chapter.
(3) 
Where a lot extends through from street to street, the applicable front yard requirements shall apply to both street frontages.
(4) 
Where a lot is located at an intersection of two streets, the applicable front yard setback requirements shall be applicable to both streets.
B. 
Visibility at street intersections. On a corner lot, within the triangular area computed by the method described below, nothing shall be erected, placed, or allowed to grow to a height in excess of two feet above the center line grades of the intersecting streets:
(1) 
No vehicle, object, or other obstruction of a height in excess of two feet shall be parked or placed within the clear sight triangle depicted in Subsection B(3) below.
(2) 
No hedge, shrub, tree, or other growth shall be maintained within the clear sight triangle at a height in excess of two feet except existing trees. Leaves and branches of existing trees within the clear sight triangle shall be trimmed away to a height of at least 10 feet above the center line grades of the intersecting streets.
(3) 
The area of the clear sight triangle to be preserved at intersections is determined by connecting a straight line between two points. Each point is on the center line of one of the intersecting streets a distance "d" from the point of street center line intersections.
"d"
(feet)
Township Designation for Major Streets
75
Local
90
Collector
120
Arterial
120
Arterial
(a) 
Example of a clear sight triangle: a right-angle intersection.
(b) 
Example of a clear sight triangle: a non-right-angle intersection.
(4) 
Clear sight triangle requirements have precedence over any other setback, yard, or other requirements unless they are more stringent than the clear sight triangle requirement; the most demanding requirement shall apply.
(5) 
The clear sight triangle extends from a vertical height of two feet to a vertical height of 10 feet at minimum.
(6) 
Public utility poles and traffic directional signs and parts thereof are excluded from the requirements of this Subsection B.
C. 
Setback requirements.
(1) 
Minimum setbacks shall be required from all public and private roads, streets and highways.
(2) 
The required setback distance varies depending upon the functional classification of the road, street, or highway; the functional classification of roads in the Township is delineated on its Official Map.
(3) 
Setback requirements. No buildings or structures shall be placed between the setback line and the existing or proposed road, street, or highway right-of-way line except lamp posts, driveways, mail boxes, sidewalks and utility lines, or such incidental items as may be agreed to by the Board of Supervisors during the site or land development plan review. In the case of a proposed street, the street right-of-way line, the street classification, and the setback line shall be shown on the site plan.
D. 
Whenever front yard requirements and building setback requirements conflict, the most restrictive requirement shall apply.
E. 
Required setbacks for functionally classified streets.
(1) 
Expressway and associated access and egress ramps: 150 feet from the right-of-way line of this street, road or highway.
[Amended 2-19-2002 by Ord. No. 02-02]
(2) 
Arterial: 100 feet from the center line of the street.
(3) 
Collector: 60 feet from the center line of the street.
(4) 
Local: 50 feet from the center line of the street.
F. 
Planting and structures in yards and setbacks.
(1) 
Except as required in Subsection B and permitted in Subsection F(2), a fence or hedge shall be permitted in the side and rear yard or setback (not front yard or setback) at a distance of three feet or more from any lot line or right-of-way line, whichever is most restrictive.
(2) 
A fence or hedge may be located on a lot line by written agreement of contiguous lot owners.
(3) 
No fence shall exceed the following height limitations:
(a) 
No fence shall exceed six feet in height in an R1-S Single-Family Residential Suburban District.
(b) 
No fences shall exceed eight feet in height in a commercial or employment district.
(4) 
No fences shall be allowed for townhouses, multifamily or single-family attached residential dwelling units located in an R1-U, R2, or PHR Residential District. See Article VI, § 185-25C(4)(a), Privacy screens.
G. 
Yard requirements. All yards except as provided in Subsection F and § 185-25C: Every part of a required yard, as defined in § 185-12C, shall be open to the sky unobstructed by structures, except for lamp posts, driveways, mail boxes, sidewalks, utility lines or such incidental items as may be agreed to by the Board of Supervisors during the site or land development plan review. Recreational and drying equipment will be allowed in required rear yards but in no case less than 10 feet from any lot line.
H. 
Special provisions for corner lots. Wherever the proposed building or structure is proposed to be situated at a 30° to 45° angle to the rear lot line, the required rear yard is reduced by 20% (that is, a normal forty-foot rear yard requirement is reduced to 32 feet).
I. 
Open air storage. Open air storage must be screened by plantings or other solid barrier to vision.

§ 185-15 Soil considerations in developing property.

A. 
Soil limitations to development. Soils and soil characteristics should be a limiting factor in the development of any building, structure, site, or lot. In this chapter soil characteristics and their limitations on development were considered when devising certain area, bulk, and lot size requirements. These soil limitations serve to vary certain area, bulk, and lot size provisions within a class of uses if the soil limitations are present at a particular site or lot.
B. 
Area, bulk, or density requirements are more stringent than otherwise would be expected for those lots, sites, or areas possessing soils with the characteristics listed below. The soil types are delineated by the Soil Conservation Service in their publication entitled "Soil Survey Interpretations for Developing Areas in Northampton County, Pennsylvania." Maps showing the areas included in each soil characteristic classification are included in the Township's Comprehensive Plan.
(1) 
Soils having moderate or severe limitations to urban development.
(2) 
Soils having moderate or severe limitations to on-lot sewage disposal.
(3) 
Soils having a high water table or a seasonally high water table.
(4) 
Soils having an alluvial origin.
C. 
Area, bulk or density requirements are more stringent for those lots, sites, or areas possessing the natural characteristics listed below which reduce the ability of a site, lot, or area to sustain development in a safe, aesthetic, or healthful manner. Maps showing the areas possessing natural limitations on development are delineated in the Township's Comprehensive Plan and Zoning Map.
(1) 
Floodplains.
(2) 
Steep slopes, hillside areas of 15% slope or greater.
(3) 
Drainage swales.
D. 
The net effect of soil and natural limitations on development is to increase lot size in order to protect individual and public health and welfare, while at the same time permitting development to occur.
(1) 
The intent of requiring larger lot sizes than would otherwise be required is to preserve the natural feature or to avoid the soil limitation by using those portions of a lot not so affected for development, while keeping the affected portions free of structures.
(2) 
To the greatest degree possible, structures and buildings shall not be constructed in portions of a site affected by soil limitations or natural characteristics which reduce the ability of a lot to sustain development in a safe, aesthetic, or healthful manner.
E. 
Stripping of topsoil; excavation of subsoil material.
(1) 
Topsoil or sod may be removed from a lot under the following conditions:
(a) 
As part of the alteration or construction of a building, or the grading incidental to the construction process.
(b) 
As part of normal lawn or garden preparation and maintenance on the lot from which such topsoil or sod is removed.
(c) 
As part of the alteration or construction of a street.
(2) 
Excavation of subsoil material, clay, sand, gravel or rock shall be permitted and the material thus excavated may be removed from the site under the following conditions and restrictions:
(a) 
As part of the alteration or construction of a building, or the grading incidental to the construction process.
(b) 
As part of the alteration or construction of a street, waterway or other public improvement or utility.
(c) 
That no material, so excavated, be removed from the site if the average lot grade or building grade is lower than an elevation set one foot above the official Township street grade.
(d) 
That no excavated site remain with exposed loose boulders.

§ 185-16 Provisions for future utility connections.

A. 
Sewage disposal.
(1) 
Any building intended to shelter human beings shall be required to connect to an existing functioning public sewage collection system, sewer pipe, or public sewage collection system, sewer pipe, or collector if said building is within 150 feet of the sewer system, collector or pipe.
(2) 
Distance is measured on a map by a straight line from the nearest point of said building to the center line of the nearest collection system, pipe, lateral, or collector.
(3) 
The requirements of this Subsection A do not invalidate any other sewage hookup or connection ordinance, rule, or regulation of the Township, the county, or the State of Pennsylvania.
(4) 
If a public sewage collection system is planned to be constructed within 150 feet of said building within five years of the date of construction of said building, installation of a (dry lateral) capped sewer shall be required. The planned public sewage system must be programmed to start construction within five years of the completion date of said building.
(a) 
Distances shall be measured as described in Subsection A(2).
(b) 
A planned public sewage system is one that is shown or otherwise described in the Township's Official Sewage Plan as defined by Pennsylvania's Sewage Facilities Act (P.L. 1535),[1] and as adopted by the Hanover Township Board of Supervisors.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
(5) 
The provision of sewage disposal facilities for any dwelling unit or residential building located in an area not served or planned to be served by a public sewage system shall be the responsibility of the builder, developer, or owner. The disposal of sewage shall be made in accordance with all state and county health and engineering requirements; it shall also be made in accordance with Township requirements and regulations.
(6) 
Certain building types or uses shall be permitted only if they provide public sewage disposal. These types and uses are listed for each district in the appropriate section of this chapter.
B. 
Water supply.
(1) 
Any building intended to shelter human beings shall be required to connect to an existing functioning public water supply system if said building is within 150 feet of a water distribution pipe.
(2) 
Distance is measured on a map by a straight line from the nearest point of said building to the center line of the nearest water supply distribution pipe.
(3) 
If a public water supply system is planned to be constructed within 150 feet of said building within five years of the date of construction of the building, provisions shall be made to connect to said system without having to make any internal plumbing changes. The planned water supply system must be programmed to start construction within five years of the completion date of the dwelling unit or residential building.
(a) 
Distance shall be measured as described in Subsection B(2).
(b) 
A planned water supply system is one that is shown or otherwise described in any Hanover Township water district plan or similar report, or in any City of Bethlehem report or plan.
(4) 
The requirements of this Subsection B do not invalidate any other water supply provisions of any other Township, county, or state ordinance, rule, or regulation.

§ 185-17 Off-street parking regulations.

A. 
An off-street parking space, or spaces, shall be provided according to the requirements listed below in Subsection C.
(1) 
Any off-street parking space shall be provided with proper and safe access from a street.
(2) 
An off-street parking space may be open to the sky or enclosed in a shelter or other building. Driveways associated with single-family uses provided they are a minimum distance of five feet from the property line and meet the requirements of Subsection A(3) may qualify as one off-street parking space.
(3) 
Where off-street parking spaces are grouped in lots, properly marked aisles, at least "w" feet wide, shall be provided.
Angle of Car to Aisle
Aisle Width (w)
90°
24 feet 0 inches
60°
18 feet 0 inches
45°
12 feet 0 inches
(4) 
Parking spaces should be adequately marked.
B. 
Off-street parking standard. Except as may be agreed to by the Board of Supervisors during site or land development plan review, the building types and uses listed in Subsection C shall have the minimum number of off-street parking spaces shown adjacent to the building type or use per unit of measurement as listed.
C. 
Off-street parking space requirements for new construction, enlargement or change in use:
Building Type or Use
Minimum Number of Spaces Required7
Measurement Unit1
Garden apartment
2.0
Dwelling unit
Mobile home
2.0
Dwelling unit
Mobile home park
2.0
Dwelling unit
Multiple-family residence
2.0
Dwelling unit
Single-family residence
2.0
Dwelling unit
Townhouse
2.0
Dwelling unit
Auditorium, theater
1.0
3 seats2
Church, place of worship
1.0
4 seats2
Club, organization
1.0
3 members4
Hospital, nursing home
1.0
3 beds1
Municipal building
1.0
200 square feet
School
1.0
10 seats3
School, elementary
1.0
20 Seats3
Bowling alley
3.0
Lane
Stable
1.0
3 horses
Hotel, motel
1.0
3 persons in the following categories: employees; persons using conference rooms; persons using restaurant and tavern facility
1.0
4 persons using ballroom facilities
1.0
Rental unit
Public utility
1.0
500 square feet
Quasi-public utility
1.0
500 square feet
Riding academy
1.0
3 horses stabled
Automobile sales
0.2
100 square feet
Bank/financial institution and/or credit union
0.7
100 square feet8
Department store
0.7
100 square feet
Farm equipment
0.2
100 square feet
Food service/food market
0.5
100 square feet
Garden center
0.5
100 square feet
Gasoline service
2.0
Gasoline pump
General services
0.7
100 square feet
Personal service5
0.7
100 square feet
Professional offices
0.7
100 square feet8
Restaurant
2.0
100 square feet
Retail shops
0.5
100 square feet
Service commercial stores
0.5
100 square feet
Shopping center6
0.7
100 square feet
Tavern, nightclub
2.0
100 square feet
Business office
0.4
100 square feet8,9
Industrial plant
0.4
100 square feet
Medical office
0.7
100 square feet
Research laboratory
0.4
100 square feet
Wholesale distributor
0.4
100 square feet
Warehouse space
0.1
100 square feet5
Building materials, sales and storage
0.4
100 square feet
Printing, publishing and lithographic plants
0.4
100 square feet
Day-care/preschool3
5 plus 1 per
20 expected children or portion thereof
Cultural centers4
1.0
600 square feet
Arena, stadium, sports center
1.0
3 seats2
Car wash, automated*
2.0
25 lineal feet of automated train
Car wash, self-service*
2.0
Per bay
Postsecondary School
[Added 10-14-2008 by Ord. No. 08-10A]
1.0
Employee10
NOTES:
* Plus one per employee.
1 Spaces per employee requirements are based on the maximum number of employees on any one shift.
2 For benches, one seat is 22 inches wide.
3 Classroom seats; plus additional parking spaces required for auditoriums, if present.
4 Or the auditorium standard, whichever is greater.
5 Plus one space per employee.
6 All uses combined; parking space requirements for a shopping center shall not be computed by totaling required parking spaces for individual uses.
7 At least one off-street space shall be provided per building type or use, unless otherwise noted.
8 Banks, financial institutions, credit unions and professional offices providing retail services shall be provided with 0.7 minimum parking spaces per 100 square feet. If these uses do not provide retail services, they may be considered "business offices," which shall be provided with 0.4 minimum parking spaces per 100 square feet.
9 Call centers and telemarketing facilities shall be provided with one minimum parking space per 100 square feet for the entire building or that portion of the building utilized exclusively for a call center or telemarketing facility.
[Added 2-19-2002 by Ord. No. 02-02]
10 Plus one space for each 1.5 students who attend class at peak-time.
[Added 10-14-2008 by Ord. No. 08-10A]
D. 
Other uses. For uses not listed in Subsection C, the same requirement shall apply as for the most similar use, as determined by the Zoning Administrator.
(1) 
Parking spaces required for one building type or use shall not be included in the computation of required spaces for a second building or use.
(2) 
For mixed uses other than a shopping center, the total requirement shall be the sum of the requirements of the component uses computed separately.
(3) 
Computations resulting in fractional spaces shall be rounded up to the next full space.
E. 
Nonapplicability to existing buildings and uses. The requirements of Subsection C shall not apply to any building, structure or use lawfully in existence at the effective date of this chapter, whether continued as a permitted or a nonconforming use, unless such use is enlarged, converted or changed to some other lawful use in the future.
F. 
All parking areas of more than 25 spaces shall be landscaped subject to review of the Planning Commission and approval of the Board of Supervisors.

§ 185-18 Off-street loading regulations.

A. 
An off-street loading space, or spaces, or berth, or berths, shall be provided according to the requirements listed below in Subsection C.
(1) 
Any off-street loading space or berth shall be provided with proper and safe access from a street or alley.
(2) 
An off-street loading space or berth may be open to the sky or enclosed in a shelter or other building.
(3) 
An off-street loading space or berth shall be at least 12 feet by 40 feet in area, with a minimum vertical clearance of 14 feet.
(4) 
An off-street loading space or berth shall have an all-weather surface to provide safe and convenient access in all seasons.
(5) 
Required off-street parking spaces shall not be used for loading and unloading purposes except during hours when business or other operations are suspended.
B. 
Off-street loading standards. Except as may be agreed to by the Board of Supervisors during site or land development plan review, the building types and uses listed in Subsection C shall have at least the minimum number of off-street loading spaces or berths shown adjacent to the building type or use per unit of measurement as listed.
C. 
Off-street loading space requirements for new construction, enlargement or change in use:
Building Type or Use
Minimum Number of Spaces Required4
Measurement Unit1
Auditorium, theater
1.0
20,000 square feet
Hospital
1.0
10,000 square feet
School
1.0
10,000 square feet
Business office
1.0 1.0
First 10,000 square feet Each additional 40,000 square feet
Industrial plant
1.0
10,000 square feet
Hotels and motels
1.0
First 10,000 square feet
1.0
Each additional 50,000 square feet
Department store
1.0
10,000 square feet
Research laboratory
1.0
10,000 square feet
Service commercial2 (not in shopping center)
1.0
10,000 square feet
Shopping center
1.0
10,000 square feet
Building materials, sales and storage
1.0
10,000 square feet
Printing, publishing and lithographic plants
1.0
10,000 square feet
Day-care/preschool3
1.0
10,000 square feet
Wholesaling, warehousing, distribution and storage facilities
2.0
10,000 square feet
Cultural centers
1.0
20,000 square feet
Arena, stadium, sports centers
1.0
20,000 square feet of seating area
NOTES:
1 Square feet= Square feet of total (gross) floor area.
2 None required if the service commercial use is less than 3,000 square feet.
3 None required if the research laboratory is less than 4,000 square feet.
4 At least one off-street loading space shall be provided per building type or use, unless otherwise noted.
D. 
Other uses. For building types and uses not listed in Subsection C, the same requirement shall apply as for the most similar use, as determined by the Zoning Administrator.
(1) 
For mixed building types of uses, the total requirement shall be the sum of the individual requirements computed separately.
(2) 
Computations resulting in a fraction of a space less than 1/2 of a space shall be rounded down; a fractional space equal to or greater than 1/2 shall be rounded up to the next full space.
E. 
Nonapplicability to existing buildings and uses. Requirements of Subsection C shall not apply to any building or use lawfully in existence at the effective date of this chapter, whether continued as a permitted or a nonconforming use, unless such use is converted or changed to some other use in the future.

§ 185-19 Sign regulations.

A. 
In all districts, signs shall be permitted only if they are in accordance with the regulations contained in this section. Billboards are permitted by conditional use in the Planned Industrial/Business District in accordance with requirements of § 185-54E(5)(d) of this chapter. A sign permit shall be required prior to the erection or alteration of any sign in Hanover Township, Northampton County, Pennsylvania.
B. 
General regulations.
[Amended 1-22-2008 by Ord. No. 08-02]
(1) 
No sign shall be erected within the lines of an existing or proposed street right-of-way, except traffic signs and similar regulatory notices of a duly constituted governmental body;
(2) 
No moving, fluttering, or flashing sign shall be permitted, except for electronic controlled signs;
(3) 
No artificial light or reflecting device shall be used as a sign or part of a sign where such light or device interferes with, competes for attention with, or may be mistaken for a traffic signal;
(4) 
Other requirements.
(a) 
Relationship to street intersection. No sign shall be erected, attached, or displayed within 75 feet of the point of intersection of the right-of-way lines at a street corner.
(b) 
Any freestanding sign, except billboards, shall not be greater than 30 square feet in area, except as defined in Subsections D(3)(d) and D(4)(d) of this section.
(c) 
Both sides of a two-sided sign count toward the total maximum allowable sign size.
(d) 
The top of any freestanding sign, except billboards, shall not be higher than 14 feet above the adjacent official Township or Pennsylvania Department of Transportation street grade.
(e) 
Signs on parked vehicles which are not incidental to their use as vehicles are prohibited.
(f) 
Signs mounted on a building shall be mounted parallel to the supporting wall and should project not more than 10 inches from the building.
(5) 
The permitted area of a sign does not include framing members less than six inches wide surrounding the advertisement, unless the frame itself is used for advertising purposes. Any framing members six inches or wider shall be included as part of the permitted sign area.
C. 
Regulation of advertising signs for farm products.
(1) 
Farm products. One sign advertising the sale of farm products only may be erected and maintained on a lot used for agriculture.
(2) 
Said sign shall not exceed 10 square feet in area.
(3) 
Said sign shall be displayed only when farm products are for sale.
D. 
Regulation of business signs.
(1) 
Business signs accessory to permitted commercial and manufacturing uses shall be permitted if the following regulations are observed.
(2) 
Size.
(a) 
Said sign shall not exceed three square feet of area for each five lineal feet of building wall on which the sign is to be mounted.
(b) 
The area of a sign comprised of individual letters shall be computed as the area encompassed by an imaginary line drawn around the letters so that a geometric shape is obtained. The space between letters is computed as being part of the area of the sign.
(3) 
Employment districts.
[Amended 1-22-2008 by Ord. No. 08-02]
(a) 
One permitted sign for each building may be freestanding.
(b) 
An industrial park, business park (or office and institutional area) developed according to a unified site plan shall be permitted only one identification sign not to exceed 50 square feet in area.
(c) 
Individual uses shall be permitted only one wall-mounted business sign consisting of letters not to exceed 16 square feet in area and meeting the following criteria:
[1] 
Letters to be a maximum of eight inches high.
[2] 
Letters to be located four feet to 10 feet above grade.
[3] 
Located on the users door or near the user's door.
[4] 
All mounted signs for one building shall be similar to one another.
(d) 
A planned industrial business park, a business park, a planned office, research and residential park or an office and institutional area developed according to a unified site plan shall be permitted only one identification sign at each major entrance not to exceed 50 square feet in area, with the exception that two such identification signs, each of a maximum dimension of 50 square feet, may be permitted at each major entrance if the tops of both signs are no more than six feet above the adjacent official street grade and constructed of natural materials, and if the site plan and detailed design of such signs are reviewed by the Planning Commission and approved by the Board of Supervisors during site plan review as required by § 185-22C.
(4) 
Commercial districts.
(a) 
Except when located in a commercial center, any permitted service commercial use shall be permitted a maximum of two business signs provided that the total area of both signs does not exceed 30 square feet.
(b) 
No freestanding business sign or sign structure shall be permitted.
(c) 
No use shall be permitted more than one wall-mounted business sign or letters per facade side.
(d) 
A commercial center shall be permitted only one identification sign not to exceed 50 square feet in area.
(e) 
Individual uses in a commercial center shall be permitted only one business sign not to exceed 16 square feet in area.
(f) 
Except for a commercial center identification sign, letters of any sign shall not exceed 24 inches in height.
(5) 
Any sign for identification of a home occupation shall be governed by § 185-25F(5).
E. 
Regulation of temporary signs. Temporary signs shall be permitted if the following regulations are observed:
[Amended 1-22-2008 by Ord. No. 08-02]
(1) 
Size. Said sign shall not exceed 10 square feet in area, unless it is a commercial/industrial for sale or rent sign, in which case, the sign shall not exceed 30 square feet.
(2) 
Number. Only one temporary sign per lot shall be permitted.
(3) 
Location. Any freestanding sign shall be located at least 10 feet distance from any lot line and outside of all clear sight triangles.
(4) 
Height. Said sign shall be a maximum of eight feet above grade.
(5) 
Permit. Any owner, developer, or person shall erect a temporary sign only upon receipt of a sign permit from the Zoning Administrator, except that a single sign of less than six square feet may be erected without a permit for a period not to exceed three months in any given twelve-month period.
(a) 
Permits shall run for a period of either three or six months as the applicant chooses.
(b) 
The permit may be renewed for a period of three or six months as the applicant chooses.
(c) 
A temporary sign shall not be allowed to continue in use longer than one year; a permit shall not be issued after this period of time for the same temporary sign.
(d) 
A temporary sign shall be removed immediately upon expiration of the permit and the site or building on which sign was erected shall be restored to its previous condition.
F. 
Regulation of banner signs. Banner signs shall be permitted if the following regulations are observed:
[Added 1-22-2008 by Ord. No. 08-02[1]]
(1) 
Size. Said sign shall not exceed 20 square feet in area.
(2) 
Number. Only one banner sign per lot shall be permitted.
(3) 
Location. Shall be located on adequate structure or building outside of any street right-of-way or clear sight triangle.
(4) 
Height. Any part of said sign shall be a maximum of fourteen feet above grade.
(5) 
Permit. Any owner, developer or person shall erect a banner sign only upon receipt of a sign permit from the Zoning Administrator.
(a) 
Permit shall be issued for a maximum period of up to 30 days, during any six-month time period and one time per calendar year.
(b) 
A banner sign shall be removed immediately upon termination of the permit.
[1]
Editor's Note: This ordinance also renumbered former Subsections F and G as Subsections G and H, respectively.
G. 
Nonconforming signs. Regulations relating to nonconforming signs are listed in Article XI.
H. 
Unsafe, insecure, or hazardous signs.
(1) 
If the Zoning Administrator, on advice of the Township Engineer, determines that any sign is unsafe or insecure, said sign shall be removed or repaired as provided herein.
(2) 
Written registered notice of the unsafe or insecure condition shall be given to the owner of the lot on which said sign is located; the owner shall remove or repair said sign within 30 days of the notice.
(3) 
If said sign is not removed or repaired within the time period to the satisfaction of the Zoning Administrator on advice of the Township Engineer, the Zoning Administrator is hereby authorized to remove or cause removal of the unsafe or insecure sign. The Zoning Administrator shall assess against the owner all costs and expenses incurred in the removal of an unsafe or insecure sign.
(4) 
Any sign declared by the Zoning Administrator, on advice of the Township Engineer, to be an immediate hazard to persons or property may be summarily removed by said Administrator without notice.

§ 185-20 Performance standards.

A. 
Applicability. No land or building in any zoning district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, or other hazard; noise or vibration, smoke, dust, odor or other form of air pollution; heat, cold, dampness, electromagnetism; or other condition, substance, or element; in such manner or in such amount as to adversely affect the reasonable use of the surrounding area or adjoining premises.
B. 
Procedures.
(1) 
An application for a building permit or a certificate of occupancy for a use shall include a plan of the proposed construction and a description of the proposed machinery, operations and products, and specification for the mechanisms and techniques to be used in restricting the emission of any dangerous and objectionable elements listed in this section.
(2) 
The applicant shall also file with such plans and specifications a statement acknowledging his understanding of the applicable performance standards and stating his agreement to conform with the same at all times.
C. 
Regulations.
(1) 
Fire and explosion hazards. All activities involving, and all storage of, flammable and explosive materials shall be provided at any point with adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire-suppression equipment and devices standard in the industry. Burning of waste materials in open fires is prohibited at any point. The relevant provisions of state and local laws and regulations shall also apply.
(2) 
Vibration. No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or beyond any lot line; nor shall any vibration produced exceed 0.002g peak at up to 50 cps frequency, measured at or beyond the lot line using either seismic or electronic vibration measuring equipment.
(a) 
Vibrations occurring at higher than 50 cps frequency or periodic vibrations shall not induce acceleration exceeding 0.001g.
(b) 
Single impulse aperiodic vibrations occurring at an average interval greater than five minutes shall not induce accelerations exceeding 0.01g.
(3) 
Noise. The sound levels at any lot line from any operation within a lot shall not exceed the decibel levels in the designated octave bands stated below:
(a) 
Sound pressure level shall be measured according to specifications and procedures published by the American Standards Association.
(b) 
For smooth and continuous noise:
Freuency Band
(cycles per second)
Maximum Sound Pressure Level
(decibels)
0 to 150
67
150 to 300
59
300 to 600
52
600 to 1,200
46
1,200 to 2,400
40
2,400 to 4,800
34
4,800 and above
32
(c) 
For noise between 9:00 p.m. and 7:00 a.m., reduce above maximum by three decibels.
[Amended 2-12-2002 by Ord. No. 02-01]
(d) 
For irregular, pulsating or periodic noise, reduce above maximum by three decibels.
(e) 
For smooth noise which occurs less than 5% of any one-hour period, raise maximum by three decibels.
(f) 
The above standards do not apply to construction or demolition activities or emergency alarm signals.
(4) 
Odor. No emission of noxious odor as perceived by the human olfactory sense at any lot line shall be permitted.
(5) 
Air pollution. No fly ash, fume, vapor, gas, or other form of air pollution shall be permitted that exceeds any air pollution standard or air quality criteria established by the Bureau of Air Quality and Noise Control, Pennsylvania Department of Environmental Protection. Specific standards and regulations are contained in the Bureau's "Regulations," as amended.
(6) 
Glare.
(a) 
"Direct glare" is defined for the purpose of this chapter as illumination beyond property lines caused by direct or specularly reflected rays from incandescent, fluorescent, or arc lighting, or from such high temperature process as welding or petroleum or metallurgical refining.
(b) 
"Indirect glare" is defined for the purpose of this chapter as illumination beyond property lines caused by diffuse reflection from a surface such as a wall or roof of a structure.
(c) 
No direct glare shall be permitted with the exceptions that parking areas and walkways may be illuminated by luminaries so hooded or shielded that the maximum angle of the cone of direct illumination shall be 60° drawn perpendicular to the ground, such luminaries shall be placed not more than 16 feet above the ground level and the maximum illumination at ground level shall not be in excess of three footcandles.
(d) 
A luminary less than four feet above the ground may have a cone angle of 90°.
(e) 
Indirect glare produced by illuminating a reflecting surface shall not exceed 0.3 footcandles instantaneous maximum measurement or 0.1 footcandles average measurement.
(f) 
Deliberately induced sky-reflected glare, as by casting a beam upward for advertising purposes, is specifically prohibited.
(7) 
Liquid or solid wastes. No discharge shall be permitted at any point into any sewage disposal system, or watercourse, or lake, or into the ground, except in accord with Department of Environmental Protection standards, Township standards, or other regulating agency standards.
(a) 
Materials of such nature or temperature that will contaminate any water supply, or otherwise cause the creation of dangerous elements, shall be prohibited.
(b) 
The accumulation of solid or liquid wastes conducive to the breeding of rodents or insects, thus formulating a health or safety hazard, shall be prohibited.
(8) 
Radioactive or hazardous waste. No radioactive or hazardous waste, as defined by the United States Environmental Protection Agency, shall be stored or disposed of in any district.
(9) 
Storage of gas, liquids and solids.
(a) 
No underground or subsurface storage of chemicals, either gas, liquid or solids, shall be permitted in any district, except for underground storage of petroleum products as regulated by the state police and/or other state or federal regulatory agency.
(b) 
No aboveground or surface storage of chemicals, either gas, liquid or solids, in any quantity in excess of 20 cubic feet in volume, shall be stored or maintained within 300 feet of a residential district boundary, or within 300 feet of a residential dwelling, except for chemicals, such as heating oil, or propane, which may be required for the normal heating and cooling of a building and fire-suppressant chemicals and except for printing supplies, photographic developing chemicals and janitorial chemicals and lawn and agricultural fertilizers in a quantity not to exceed 40 cubic feet.

§ 185-21 Gasoline service station regulations.

A. 
Car wash regulations. No permit shall be issued for a car wash where the proposed car wash violates any of the following conditions or criteria:
(1) 
No car wash shall be erected on a Lot which adjoins a residential district as designated in § 185-8C;
(2) 
An automated car wash shall have on-lot designated areas for pre-wash stacking to accommodate a minimum of four cars per 25 lineal feet of automated train.
(3) 
A self-service car wash shall have on-lot designated areas for pre-wash stacking to accommodate a minimum of two cars per bay.
(4) 
Stacking spaces should be no closer than 20 feet from the public road right-of-way.
B. 
No permit shall be issued for a gasoline service station where the proposed gasoline service station violates any of the following conditions or criteria:
(1) 
No gasoline pump or dispensing facility shall be placed closer than 50 feet to any property line.
(2) 
No vehicular entrance shall be constructed closer than 200 feet to the entrance to any school, church, theater, hospital, public park, playground, or fire station. When measured in this section, or any other section, the distance shall be the shortest distance between any point of entry of the service station, and any point of entry of the other facilities mentioned herein.
(3) 
No gasoline service station shall be erected within 1,000 feet of an existing service station, providing the existing service station is operative, or a permit has been granted for said operation, at the time of the application of the proposed service station. Provided, however, in the event that the street on which the proposed service station is located is divided by a medial barrier constructed in accordance with Township specifications, or Pennsylvania Department of Transportation specifications, said measurement shall only apply to permission for the construction or use of a gasoline service station on one side of the highway and shall have no applicability on the other side for the distance said highway is divided. Nevertheless, the conditions and regulations herein set forth shall apply to all portion of the highway where it ceases to be divided, and to all undivided highways.
(4) 
No gasoline service station shall be allowed unless the gasoline service station shall have an attendant or supervisor on duty whenever the gasoline service station is open for business, and the gasoline service station has received a permit required under Act No. 1998-15, known as the "Combustible and Flammable Liquids Act."[1]
[1]
Editor's Note: See 35 P.S. § 1241 et seq.

§ 185-22 Additional regulations.

A. 
Placement of accessory uses and structures.
(1) 
No private garage or other accessory building shall be constructed within a required front yard.
(2) 
Any access driveway may be located within a required yard.
(3) 
Accessory buildings and uses shall be on the same lot as the main building or on an immediately adjacent lot in the same ownership.
(4) 
No required accessory parking area shall be encroached upon by buildings, open or closed storage, or any other use.
(5) 
Accessory parking garages may be constructed within or beneath any portion of a main building.
(6) 
Solar energy system in accordance with § 185-22.1 and applicable zoning district regulations shall be a permitted accessory use in all applicable zoning districts.
[Added 8-24-2010 by Ord. No. 10-06]
B. 
Waiver of height requirements.
(1) 
Nothing herein shall restrict the height of a church spire, cupola, dome mast, belfry, clock tower, radio tower or transmission line, flagpole, water tank, elevator or stair bullhead, stage tower, scenery loft, smoke stack, silo or similar structure, so long as sufficient yard exists, adjacent to such structure, to allow such structure to fall completely within the lot lines if such structure were to fail.
(2) 
Structures for which height restrictions have been waived shall not have a lot coverage at the base in excess of 10% of the lot area.
(3) 
Structures for which height restrictions have been waived shall not be used for residency or tenancy purposes.
(4) 
Structures for which height restrictions have been waived shall not have any advertising sign or device inscribed upon or attached to such structures.
(5) 
The highest point of solar panels on rooftops shall not exceed 12 inches above the permitted height of the zoning district.
[Added 8-24-2010 by Ord. No. 10-06]
C. 
Site plan.
(1) 
Six copies of the required site plan mentioned in various sections of this chapter shall be submitted to the Township Secretary-Treasurer and shall contain the following minimum information:
(a) 
Location, size, direction of true North of the lot to be developed (hereinafter cited as "lot").
(b) 
Location and direction of all abutting property lines within 50 feet of the property lines of the lot.
(c) 
The location and dimensions of all existing and proposed streets, roads, highways and motor vehicle access and egress points, driveways, ramps or road(s), utilities, structures and buildings.
(d) 
Location and dimensions of all existing and proposed signs, if such information is available at the time of site plan preparation.
(e) 
Elevations and sections of all existing and proposed buildings and structures.
(f) 
Site contours at two-foot intervals and existing and proposed plantings, landscaping, and other outdoor design elements.
(g) 
All proposed site grading and drainage provisions and proposals.
(h) 
A description of intended uses.
(i) 
Location and specifications on all exterior lighting.
(j) 
Recreation or open space, if provided. Areas provided to Township through dedication or easement.
(k) 
If property is located in a Special Conservation District (Article IX) or in an Aircraft Flight Path District (Article X), consult these sections of the chapter for further site plan requirements.
(l) 
Such other information as necessary for the Township to determine that the proposed use and/or development complies with all other applicable ordinances of the Township.
(m) 
If the development is to be phased over a period of years, the planned phasing and anticipated schedule of phases shall be indicated on the plan.
(n) 
Identification of the age of any structure 100 years or older.
[Added 11-20-2001 by Ord. No. 01-12]
(2) 
The site plan shall be deemed received at the first meeting of the Planning Commission following receipt by the Secretary-Treasurer of the items listed in Subsection C(1) together with site plan review fees, adopted by resolution of the Board of Supervisors, and review shall be completed by the Commission and the Board of Supervisors within 90 days of such receipt.
D. 
All development within a Planned Highway Residential (PHR) District shall be subject to the noise abatement requirements of the subdivision and land development regulations of the Township[1] to the extent that such regulations are applicable.
[1]
Editor's Note: See Ch. 159, Subdivision and Land Development.
E. 
Traffic impact study. The Township reserves the right to require a traffic impact study in accordance with provisions hereinafter set forth, if, in the opinion of the Township, the proposed use could generate significant traffic flow. The traffic impact study shall be based on the following criteria:
(1) 
General site description. The site description shall include the size, location, proposed land uses, construction, staging and completion date and types of dwelling units. A brief description of other major existing and proposed land developments within 1/2 mile of the proposal which shall constitute the study area, except that a study area of one mile from the proposal shall be used for any commercial development of greater than 200,000 square feet of total floor area.
(2) 
Traffic facilities description. The description shall contain a full documentation of the proposed internal and existing highway system. The report shall describe the external roadway system within the area. Major intersections in the area shall be identified and sketched. All future highway improvements which are part of proposed surrounding developments shall be noted and included in the calculations.
(3) 
Existing traffic conditions.
(a) 
Existing traffic conditions shall be measured and documented for all streets and intersections in the area. Existing traffic volumes for average daily traffic, peak highway hour(s) traffic and for the hour(s) of predicted peak development-generated hour(s) traffic shall be recorded. Traffic counts at major intersections in the study area shall be conducted, encompassing the peak highway and predicted peak development-generated hour(s), and documentation shall be included in the report. A volume/capacity analysis based upon existing volumes shall be performed during the peak highway hour(s) and the predicted peak development-generated hour(s) for all streets and major intersections in the study area. Levels of service shall be determined for each major road segment and turning movement. Detailed traffic counts of existing local streets not provided or proposed for through-access are not required. A tabulation of accident locations during a recent three-year period shall be shown.
(b) 
This analysis will determine the adequacy of the existing roadway system to serve the current traffic demand. Roadways and/or turning movements experiencing levels of Service D, E or F, as described in Highway Capacity Manual, Special Report No. 209, dated 1985, shall be noted as congestion locations.
(4) 
Traffic impact of the development. Estimation of vehicular trips to result from the proposal shall be computed from the average daily peak highway hour(s). Vehicular trip generation rates to be used for this calculation shall be obtained from the Trip Generation Manual, published by the Institute of Transportation Engineers, or, at the request of the Township, said calculations shall be substantiated by physical counts at similar type developments. These estimated development-generated traffic volumes shall be provided for both inbound and outbound traffic movements, and the reference source(s) and methodology followed shall be documented. All turning movements shall be calculated. These estimated volumes shall be distributed to the area and assigned to the existing streets and intersections throughout the area. Documentation of all assumptions used in the distribution and assignment phase shall be provided. Traffic volumes shall be assigned to individual access points. Any characteristics of the site that will cause particular trip generation problems shall be noted. For retail sales uses, the increased traffic during the Christmas season and during weekends shall be forecast and analyzed.
(5) 
Analysis of traffic impact.
(a) 
The total future traffic demand shall be calculated. This demand shall consist of the combination of the existing traffic expanded to the completion year (straight line projections based on historical data), the development-generated traffic and the traffic generated by other proposed developments in the study area. A second volume/capacity analysis shall be conducted using the total future demand and the future roadway capacity. If staging of the proposed development is anticipated, calculations for each stage of completion shall be made. This analysis shall be performed during the peak highway hour(s) and predicted peak development-generated hour(s) for all roadways and major intersections in the study area. Volume/capacity calculations shall be completed for all major intersections.
(b) 
All access points shall be examined as to the necessity of installing traffic signals. This evaluation shall compare the projected traffic to State warrant regulations for traffic signal installation.
(6) 
Conclusions and recommendations. Levels of service for all streets and intersections shall be listed. All streets and/or intersections showing a level of service below C shall be considered deficient, and specific recommendations for the elimination of these problems shall be listed. This listing of recommended improvements shall include, but not be limited to, the following elements: internal circulation design, site access location and design, external roadway and intersection design and improvements, and traffic signal installation and operation including signal timing. All physical street improvements shall be shown in sketches.
(7) 
Costs of needed projects. Approximate costs for all needed transportation improvements shall be developed within a defined impact area.
(8) 
Administration.
(a) 
The full cost of the traffic study and Township reviews of the study shall be borne by the applicant.
(b) 
The traffic study shall be reviewed by the Township Engineer or other professional reviewer designated by the Township.
(c) 
The Board of Supervisors shall provide the applicant with a list of four qualified traffic consultants. The applicant may negotiate costs with these four nominees, but is required to select one of them to accomplish the study.
(d) 
The project manager for any traffic impact report shall be a professional traffic engineer or transportation planner with significant experience in traffic studies.
(e) 
In place of individual traffic studies, the Board of Supervisors may by resolution establish a fee schedule for traffic studies. The applicant shall then pay such fees which shall be used for a coordinated study of more than one proposed development in an area of the Township.
(f) 
The Board of Supervisors shall approve the traffic study as complete prior to granting final approval to a land development, subdivision or conditional use application, unless a specific process for determining any needed traffic improvements is made a condition of such approval.
(9) 
Applicant's responsibilities. The applicant shall respond to the traffic impact report by stating to what degree he/she is willing to assist in funding or completing any off-site improvements that are needed and to state what on-site improvements he/she proposes. These improvements may include structural or nonstructural improvements. Nonstructural improvements include long-term commitments by employers or developers to support van pools, bus pools, staggered work hours or public bus service.
(10) 
Future stages of development. The traffic study shall include not only an analysis of one individual project proposed at one point in time, but also the overall projected impacts of future development of all nearby lands owned by the applicant or that the applicant has an option to purchase. The study shall include a projection of the traffic expected from this future development, using reasonable alternatives if no definite plans are available.
(11) 
Other proposed development. The study should also take into account traffic that can be expected as a result of other development which has been approved and development for which plans have been submitted to the Township and are being actively pursued.
(12) 
Timing of required traffic improvements. No occupancy permit shall be granted for a use or uses until such traffic improvements that have been required by PennDOT or the Township to serve the use are in place and operating, unless the Board of Supervisors require or allow funds for a required traffic improvement to be placed in a dedicated escrow account to be used when such improvements are warranted.
F. 
Woodlands. Properties which contain woodlands, as defined by this chapter, at the time of or after adoption of this chapter, shall be subject to the following regulations:
(1) 
The applicant for any zoning permit for a property containing woodlands shall submit a site plan for review by the Township Shade Tree Commission and Planning Commission, and approval by the Board of Supervisors. For site plan minimum requirements, see Subsection C of this section.
(2) 
The minimum lot size, maximum density of development permitted and maximum lot coverage for any property containing woodlands is altered in accordance with the following requirements:
Residential Lot Size, Lot Width, Development Density and Cover Factors
Percentage of Property Covered By Woodland
Lot Size and Width Factor1
Development Density and Cover Factor2
0% to 25%
1.0
1.0
25.1% to 50%
1.5
0.67
50.0% to 100%
2.0
0.50
Nonresidential, Development Density and Cover Factor
Percentage of Property Covered By Woodlands
Development Density and Cover factor2
0% to 25%
1.0
25.1% to 50%
0.85
50.1% to 100%
0.75
NOTES:
1 This factor shall be multiplied by the primary district and secondary district lot size and width requirement to obtain the adjusted minimum lot size and width.
2 This factor shall be multiplied by the primary district and secondary district density and lot coverage requirement to obtain the adjusted maximum allowed development density and lot coverage.
(3) 
Removing woodlands or existing trees to avoid requirements of this chapter is hereby prohibited.
(4) 
Woodlands shall be preserved as undisturbed woodlands, except for removal of dead or diseased trees, and/or except for normal removal of trees for prudent forest management to allow for proper tree growth; except however, if woodlands exist on more than 20% of a lot, this requirement shall only apply to a maximum of 20% of the lot area. This calculation of 20% in both cases shall be made after the lot size criteria of this chapter have been met as listed above. If the preservation of woodlands (as required by this section) results in less development density on-lot coverage than otherwise allowed, the more restrictive requirement shall be utilized.
(5) 
The "woodlands" definition and delineation shall be determined on the basis of lot lines that exist as of the day of the passage of this chapter. The delineation of woodlands shall be made during the preparation of any subdivision or land development plan for approval by the Township, on the basis of the property prior to the creation of building lots in any proposed subdivision. Once the delineation of woodlands is made, the lot layout for that subdivision and/or development density and coverage for that subdivision and/or land development plan would be based upon the criteria of this section.
G. 
General site landscaping. The following general site landscaping requirements shall apply to all properties required to submit site plans following the requirements of § 185-22C.
(1) 
All properties must provide for a total area of landscaping equal to 10% of any proposed area of impervious cover.
(a) 
This landscaping shall be distributed throughout the property to enhance the buildings and parking areas and the property's appearance from surrounding properties and roads.
(b) 
The property owner is required to maintain this landscaping in a neat and healthy manner, and is required to replace dead and diseased plants.
(2) 
Landscaping used to satisfy this requirement shall be credited as follows:
(a) 
Every large deciduous tree provided, for example, Red Oak (quercus borealis), Green Ash (fraxinus lanceolata) and Sweetgum (liquidamber styraciflus), shall count as 200 square feet of landscaping credit.
(b) 
Every medium deciduous tree provided, for example, Red Maple (acer rubrum), Callery Pear (pyrus calleryana) and Golden Raintree (koelreuteria paniculatra), shall count as 150 square feet of landscaping credit.
(c) 
Every small deciduous tree or evergreen provided, for example, Flowering Dogwood (cornus florida), Kwanzan Cherry (prunus serrulate kwanzan) and White Pine (pinus strobus), shall count as 100 square feet of landscaping credit.
(d) 
Any area occupied by shrubs, flower beds and/or foundation plantings shall count as landscaping credit toward this landscaping requirement on a square foot per square foot basis.
(3) 
These general site landscaping requirements are in addition to any planting strips, planting screens, buffer strips or street trees, as required elsewhere in this chapter or in other ordinances of the Township.
(4) 
Any existing trees or plant material to be protected and preserved, and not counted toward other landscaping requirements in this or other Township ordinances, may count toward the required landscaping area, using the provisions stated in Subsection G(2).
(5) 
In meeting these general site landscaping requirements, at least 35% of the credits (as outlined above) must be provided by way of "large deciduous trees" with a further minimum of at least one such tree for each lot regulated by this section of the ordinance unless otherwise approved by the Board of Supervisors during a site plan review.
[Amended 1-27-2004 by Ord. No. 04-02]
H. 
Historic preservation. No structure over 100 years old shall be removed or substantially altered unless approved by the Board of Supervisors as part of the site plan review and approval.
[Added 11-20-2001 by Ord. No. 01-12]
I. 
The use of a dwelling unit as a "group home," as defined in § 185-12, shall comply with all of the following requirements:
[Added 9-27-2011 by Ord. No. 11-10]
(1) 
The use shall include adequate supervision by persons trained in the field of group homes.
(2) 
Certification. If applicable, the use shall be licensed or certified under an applicable federal, state or county program. A copy of any such license or certification shall be filed with the Zoning Officer and shall be shown by the applicant to the Zoning Officer upon request.
(3) 
Application/notification. An application shall be submitted to the Zoning Officer stating the proposed location, general type of client, general type of treatment/care, level of supervision, maximum number of occupants, name of primary operator and name of sponsoring agency. The Zoning Officer shall be notified in writing within 14 days if there is any change in this information or if the applicable license or certification expires, is suspended or is withdrawn.
(4) 
Nonresidents. Any treatment or counseling services provided within a group home in a residential district shall be restricted to residents of the group home.
(5) 
Appearance. A group home within a residential district shall be maintained and/or constructed with a residential appearance. No exterior signs shall identify the use.
(a) 
Number of occupants. The maximum number of occupants of an unlicensed group home shall not exceed the ratio of resident to staff members as permitted in a licensed group home.
(6) 
Septic. If a group home, with six or more occupants, utilizes an on-lot septic system, the septic system shall be reviewed and determined acceptable by the Township Sewage Enforcement Officer.

§ 185-22.1 Solar energy systems.

[Added 8-24-2010 by Ord. No. 10-06]
A. 
Applicability.
(1) 
This section applies to solar energy systems to be installed and constructed after the effective date of the section, and all applications for solar energy systems on existing structures or property. Solar energy systems constructed prior to the effective date of this section shall not be required to meet the requirements of this section; provided that any structural change, upgrade or modification to an existing solar energy system that materially alters the size or placement of the existing solar energy system shall comply with the provisions of this section.
(2) 
Solar panels shall be permitted as ground arrays in any zoning district in accordance with the following:
(a) 
All ground arrays shall be set back a distance of 10 times the structure height from all property lines in a residential district or in conformance with the bulk standards for accessory structures in nonresidential districts as provided herein.
(b) 
Ground arrays shall not be permitted in a front yard and shall be subject to the setback distances prescribed for any structure for the applicable zoning district or the ground array to be constructed.
(c) 
Ground arrays shall be located so that any reflection is directed away or is properly buffered from an adjoining property or roadways.
(d) 
Ground arrays shall not exceed a height, at the highest point of the structure, of 15 feet.
(e) 
All ground arrays shall be enclosed by fencing in order to provide for the security and safety of the solar energy system and the public.
(f) 
The applicant shall, at the discretion of the Board of Supervisors, provide emergency lighting for purposes of security and safety.
(3) 
Any roof-mounted solar panels subject to the provisions of this section shall be permitted in any zoning district and in accordance with the following:
(a) 
Permitted roof-mounted solar panels shall include integrated solar panels as the surface layer of the roof structure with no additional apparent change in relief or projection (the preferred installation), or separate flush-mounted solar panels attached to the roof surface.
(b) 
Integrated or separate flush-mounted solar panels shall be located on a rear- or side-facing roof, as viewed from any adjacent street, unless the proposed location prevents the system from operating as designed. The removal of potential obstructions such as interceding vegetation shall not be sufficient cause for permitting a front-facing installation. Front-facing installation may be permitted by conditional use in accordance with the following provisions:
[1] 
The applicant must indicate valid reasons as to why this is the only effective or possible means for utilizing solar energy on the property. Such information shall be certified by a professional deemed qualified by the Board of Supervisors of the Township and reviewed by the Township Engineer and any other Township professional that the Township deems necessary.
(c) 
Any roof-mounted solar panels other than those described in Subsection A(3)(a) and (b) of this section shall be permitted as a conditional use, in accordance with the following conditions:
[1] 
Such other roof-mounted solar panels shall be located on a rear- or side-facing roof, as viewed from any adjacent street.
[2] 
Solar panels installed on a building or structure with a sloped roof shall not project vertically above the peak of the roof to which it is attached, or project vertically more than five feet above a flat roof installation.
B. 
Design and installation
(1) 
To the extent applicable, the solar energy system shall comply with the Pennsylvania Construction Code (Act 45 of 1999), 35 P.S. § 7210.101 et seq., as amended, and the applicable regulations adopted by the Department of Labor and Industry, 34 Pa. Code § 401.1 et. seq.
(2) 
For any solar energy system, the applicant shall demonstrate to the satisfaction of the Township that the proposed solar energy system, as designed, is an effective means for utilizing solar energy solely for the property on which it is located. Such information shall be certified by a professional from the list of approved solar electric installers provided on Pennsylvania Sunshine Program website operated by the Pennsylvania Department of Environmental Protection or from the North American Board of Certified Energy Practitioners (NABCEP).
C. 
The design of the solar energy system shall conform to applicable industry standards.
D. 
On existing construction, a solar energy system may be installed as long as it meets the requirements of this chapter and all other applicable construction codes.
E. 
Easements. On plans for new subdivision or land development that propose to provide for solar energy systems, a notation shall be placed on the approved plan stating that restrictions have been placed on the lots in question, pursuant to a recorded deed of easement, concerning the placement of structures and vegetation as they relate to the solar energy systems. The terms of the easement shall be as approved by the Township Solicitor.
F. 
General requirements.
(1) 
Abandonment and removal of solar energy systems.
(a) 
Any component of a solar energy system located on a roof or ground or buried in the ground (such as wiring/plumbing) which has not been in active and continuous service for a period of one year shall be removed from the property to a place of safe and legal disposal.
(b) 
All structural enclosures accessory to the solar panels shall be completely removed from the property to a place of safe and legal disposal.
(c) 
The former solar site shall be restored to as natural condition as possible within six months of the removal from the property.
(2) 
Solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the system. In no case shall any identification be visible from the property line.
(3) 
The design of solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.
(4) 
The installation of solar energy systems is subject to all local utility company requirements for interconnection.
(5) 
This section's height provisions shall supersede all height provisions of other sections with respect to solar energy systems.