Township of Maidencreek, PA
Berks County
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Table of Contents
Table of Contents
Unless otherwise noted, the regulations contained in this article shall be applicable in all zoning districts.
A. 
Visibility at intersections.
(1) 
On a corner lot, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to impede vision between a height of 2.5 feet and 10 feet above the centerline grade of the intersecting streets within the area bound by the street centerlines of such intersecting streets and a line joining the street centerlines at a distance of 75 feet along each centerline from their point of intersection. Where a major street is one of the intersecting streets, the line joining the street centerlines (to make the third side of the clear sight triangle) shall be at a distance of 150 feet along each centerline from their point of intersection.
(2) 
Locations of street signs, utility poles, and traffic signs are exempted from this restriction, subject to Township approval.
B. 
Fences, walls, and hedges.
(1) 
No fence, wall, or hedge shall be permitted within the right-of-way of any public street.
(2) 
No fence, wall, or hedge shall be permitted within the clear sight triangle required by Subsection A, above.
(3) 
Fences, walls, and hedges shall not obstruct the view of or the view from a public or private driveway. Compliance with any one of the following points shall be deemed sufficient for the requirement of this subsection.
(a) 
The portion of such fence, wall, hedge between the street right-of-way and a line upon the property 10 feet from and parallel to such right-of-way line shall not be higher than 36 inches above the surface of the driveway, except as may be permitted below.
(b) 
Between the street right-of-way line and a line upon the property 10 feet from and parallel to such right-of-way line, a fence may be permitted at the discretion of the Zoning Officer if, in his opinion, the design of the fence is sufficiently open to present no significant obstruction to visibility. Such fences may include cyclone-type wire-mesh fences and decorative post-and-rail fences.
(4) 
Fences and walls shall not exceed a height of eight feet, unless they are located as described in § 220-55B(3), where the more restrictive height shall govern.
C. 
Erection of more than one principal structure on a lot. More than one principal structure may be placed on a single lot, provided that such structure(s) are sited such that it is possible to separate all principal structures onto individual lots meeting the minimum lot requirements (including all required minimum yard areas) in effect for the applicable zoning district at the time building permit(s) are issued for said additional structure(s).
D. 
Buildings to have access. Every principal structure hereafter erected or moved shall be on a lot adjacent to a public street or approved private street. Every building shall be located on its lot so as to provide safe access for servicing and maintenance, for fire protection or other emergency vehicles, and to provide off-street parking areas.
E. 
Lots in more than one zoning district. Where a zoning district boundary line divides a lot, the less restrictive regulations may be applied within the more restrictive district for a distance of not more than 30 feet from the district boundary line.
A. 
Application of regulations to corner lots. All yards abutting a street line are hereby deemed front yards for purposes of applying minimum yard requirements for all districts. Corner lots shall have two front yards, one side yard, and one rear yard.
B. 
Lot area and lot width for lots not served by public water supply or sanitary sewerage. Where a lot is not served by public water supply or where a lot is not served by sanitary sewerage, Chapter 190, Subdivision and Land Development, other local ordinances or state statutes may require or imply a larger lot area and/or a greater lot width in order to assure safe separation distances between on-site sewage disposal systems and drinking water supply. Where such is the case, such larger area and/or greater width shall apply in lieu of the otherwise applicable district regulations.
A. 
Exceptions to front yard requirements.
(1) 
When an unimproved lot is situated between two improved lots with front yard dimensions less than that required for the applicable zoning district, the front yard required for said unimproved lot may be reduced by up to 50% or to a depth equal to the mean front yard depth of the abutting improved lots, whichever yard depth is greater.
(2) 
In no case shall a front yard be reduced to less than 50% of the required front yard for the applicable zoning district.
(3) 
For the purposes of this subsection, an unimproved lot shall be the same as a vacant lot, and an improved lot shall be a lot whereupon a principal structure has been erected.
(4) 
This exception shall apply only where the improved lots were so improved upon the effective date of this chapter.
(5) 
Special front yard requirements are in effect for properties abutting U.S. Route 222 (SR 0222), as provided in § 220-75 of this chapter. Where the regulations of this subsection are in conflict with those of § 220-75, the regulations of § 220-75 shall apply.
B. 
Exceptions to height regulations.
(1) 
Unless otherwise specified in Article XIV, Supplemental Regulations, no building in the Township, other than a farm building, shall exceed the maximum building height set forth in the applicable district regulations of this chapter.
(2) 
Except as otherwise provided, the height limitations contained in the district regulations of this chapter shall not apply to spires, belfries, cupolas, farm buildings, silos, antennas, municipally owned water tanks, ventilators, chimneys, or other portions of the structure typically located above roof level and not intended for human occupancy. This exception does not apply to power-generation facilities or electrical substations.
(a) 
The height limitation of the structures which are specified under § 220-57B(2) of this article may be increased from the maximum height requirement by one foot for each foot by which the width of each affected front yard, side yard and rear yard is increased beyond the minimum front, side and rear yard requirements up to a maximum of 50 feet. In no case shall the height of the structure, or the building in combination with a structure, be greater than the distance to the closest lot line.
(3) 
The height exceptions specified in this article shall be consistent with the development standards specified under the Airport Zoning Act (Pa. Act 164 of 1984, as amended[1]) and by the Pennsylvania Department of Transportation, Bureau of Aviation.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5911 et seq.
(4) 
Accessory buildings or structures customary to agricultural and horticultural uses (such as silos, corn cribs, etc.) shall be exempt from the building height specified in this article. The height of the accessory building or structure above its base shall be less than the shortest distance from such base to any lot line.
C. 
Projections into yards. The following projections shall be permitted into required yards and shall not be considered in the determination of yard size:
(1) 
Terraces, patios, open porches, or decks provided that such terraces, patios, open porches, or decks are not enclosed, are not closer than 10 feet to any lot line (except a lot line which is the projection of a common wall), and do not project into any required front yard. This provision does not apply to the R-2A Zoning District.
(2) 
Open balconies or fire escapes and projecting architectural features, such as bay windows, cornices, eaves, roof overhangs, chimneys, and window sills, provided that all such features shall project no more than five feet into any required yard and shall not be located closer than six feet to any lot line (except lot lines which are the projection of common walls).
(3) 
Uncovered stairs and landings, provided such stairs or landings do not exceed three feet six inches in height, do not project more than five feet into any required yard, and are not located closer than six feet to any lot line (except lot lines which are the projection of common walls).
(4) 
Handicapped access ramps, provided such ramps are not located closer than six feet to any lot line (except lot lines which are the projection of common walls.
Nothing in this section shall be interpreted to limit other uses not specifically addressed below, provided that such uses are clearly accessory to the principal permitted use of the land and do not create a threat to the public health, safety, or welfare.
A. 
General.
(1) 
No accessory structures shall be erected in any required front yard. No detached accessory structure shall be erected within five feet of the principal structure.
(2) 
Except as otherwise noted elsewhere in this article, no accessory building or structure shall exceed 25 feet in height. The height of the accessory building or structure above its base shall be less than the shortest distance from such base to any lot line except in the R-2A, R-3 and R-4 Zoning Districts, where accessory structures which encroach into the side or rear yards shall be limited to a maximum height of 10 feet.
(3) 
Accessory buildings or structures customary to agriculture and horticultural uses shall be exempt from the building height and open area requirements specified in this section except that the height of the accessory building above its base shall be less than the shortest distance from such base to any lot line.
(4) 
No permanent accessory building or structure shall be constructed on any lot that does not have a principal use to which it is accessory.
(5) 
No accessory buildings or structures shall be erected within any legal right-of-way or easement.
(6) 
Section 220-58B, C, D and E indicate accessory uses and their specifications for residential and nonresidential land uses.
B. 
Residential provisions.
(1) 
Except for approved home business, home occupations or no-impact home-based business, nonresidential uses shall not be permitted as accessory uses in residential districts.
(2) 
Swimming pools.
(a) 
Swimming pools shall be defined as a contained body of water, 18 inches or more in depth, utilized for the purpose of swimming, wading, immersion, bathing or therapeutic purposes. Such swimming pools may be entirely or partially aboveground. Swimming pools shall be classified as a residential accessory use.
(b) 
Private, noncommercial, permanently installed swimming pools designed to contain water to a depth of 18 inches or more shall not be located within a front yard.
(c) 
Aboveground pools with a minimum height of 48 inches around their entire perimeter need not be enclosed with a fence or wall, but the ladders serving the pool shall be locked in an inaccessible position at least four feet above the ground or removed and locked up elsewhere.
(d) 
In-ground swimming pools, including decks and patio areas within the required fencing, shall be sited in compliance with all minimum yard requirements.
(e) 
Swimming pools less than 48 inches above ground level shall be completely enclosed with a permanent barrier or fence having a minimum height of 48 inches. If the enclosure is a fence, the vertical and horizontal interfaces shall be no more than two inches apart. All gates shall be equipped with locks.
(f) 
Aboveground swimming pools, including any attached deck area, shall be set back from all property lines by a distance equivalent to the minimum side yard requirement for the zoning district wherein the subject property is located.
(g) 
The pool, filter pumps and other mechanical or structural equipment shall not be permitted within the front yard, the side yard setbacks and/or within 10 feet of the rear lot line. The pool shall not occupy more than 50% of the prescribed yard area in which it is located.
(h) 
Any floodlighting or other illumination used in conjunction with the pool shall be shielded and directed away from adjacent property owners.
(3) 
Unless otherwise specified within this article, detached garages, greenhouses, and other outbuildings are permitted as accessory uses, provided they are located within the building setback lines. All such uses shall be erected, enlarged and/or demolished in accordance with all applicable Township building codes.
(4) 
Private noncommercial tennis courts shall not be located within the front yard, nor closer than 15 feet to side or rear property lines. A tennis court shall not be located over a drainage field of a sewage disposal system.
C. 
Commercial and industrial zoning district provisions.
(1) 
Storage facilities are permitted, provided that such facilities are located in areas which have direct access to a street or driveway. The outdoor storage of materials shall be screened from the view of adjacent properties.
(2) 
Living quarters are permitted only for proprietors, watchmen, caretakers or similar employees.
(3) 
Restaurants, cafeterias and/or recreational facilities are permitted, provided they are intended for the use of employees only, unless they are permitted as principal uses in the zoning district in which they are constructed.
D. 
Wind energy conversion systems (WECS).
(1) 
Such use shall be accessory to a principal use permitted in the zoning districts and located on the same lot occupied by the principal use to which it relates and supplies power. The resultant energy harnessed from the wind energy system shall primarily be used on the property on which the system is located. The WECS shall not be used for the purpose of generation of power for sale to the grid, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time from a WECS designed to meet the energy needs of the principal use.
(2) 
Any lot upon which a WECS is to be installed must have an area of at least one acre. No more than one wind energy system shall be located on any one residential lot. Additionally, each WECS installed on a property must meet all the dimensional criteria (setbacks) of the specific zoning district and of this subsection.
(3) 
The wind energy conversion system and any buildings necessary for storage cells or related mechanical equipment shall not be located within any required front, side or rear yard setbacks.
(4) 
The wind energy system height shall be limited to a maximum of 180 feet (including the length of a fully extended rotor blade in its vertical position). If a device is attached to an existing structure, then the maximum height of the attached wind energy device shall not exceed 180 feet including the height of the existing structure.
(5) 
The wind energy system shall be set back from all property lines, aboveground utility lines, radio, television and cellular towers, and other wind energy conversion systems a distance of 110% of the height of the wind energy system (including the length of a fully extended rotor blade in its vertical position) or the minimum yard requirement, whichever is greater. All wind energy conversion systems shall also be set back a minimum distance of 100 feet from any front property line or to the rear of a house, whichever is the greater distance.
(6) 
The minimum distance between the undisturbed ground at the base of the device and any protruding blade shall be 15 feet, as measured at the lowest point of arc of the blades.
(7) 
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access. The tower shall not provide steps or a ladder readily accessible for a minimum of 12 feet above the ground surface.
(8) 
No artificial lighting (unless required by the Federal Aviation Administration), television, radio or communication antennas, signs or any forms of advertising shall be utilized or attached to the wind energy conversion system.
(9) 
Wind energy conversion systems shall not cause interference with radio or television broadcasting or reception.
(10) 
Design and location of a wind energy system shall consider, to the greatest extent possible, the aesthetics of the surrounding environment. The tower shall be of a monopole design (lattice and guyed monopole towers not permitted), and the entire system (hub and rotors) shall be a nonobtrusive color which blend to the surroundings.
(11) 
All utility lines, including electrical wires other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect box, and the grounding wires, must be installed underground in accordance with the prevailing standards of the servicing utility company.
(12) 
An automatic braking, governing or feathering system shall be required to prevent uncontrolled rotation at wind speeds greater than 40 miles per hour.
(13) 
Audible sound from wind energy conversion systems shall be in compliance with the requirements of Chapter 133, Noise, of the Township Code. All decibel readings shall be measured at the closest property line to the WECS.
(14) 
Building permit applications for a WECS shall be accompanied by:
(a) 
A plot plan drawn in sufficient detail to clearly describe the following:
[1] 
Property lines and physical dimensions of the site.
[2] 
Locations, dimensions and types of existing structures and uses on the site.
[3] 
Locations and elevation of the proposed WECS including setbacks from the property lines.
[4] 
Location of all existing aboveground utility lines on site.
[5] 
Location of any and all roads or other service structures proposed for the installation.
(b) 
The make, model, picture and manufacturer's specifications including noise decibels.
(c) 
Standard drawings of the structural components of the WECS, including support structures, tower, base, and footings and a line drawing identifying the electrical components of the wind system. Drawings and any necessary calculations shall be certified, in writing by a professional engineer that the system complies with the Uniform Construction Code and the National Electrical Code.
(d) 
Evidence in writing that the utility company has been notified if the WECS will be interconnected to a utility grid.
(15) 
Any wind energy system that is defective and is deemed to be unsafe by the Township Building Code Official shall be required to be repaired by the owner to meet federal, state, and local safety standards, or be removed by the property owner within six months of written notification from the Township. If the owner fails to remove or repair the defective wind energy conversion system, the Township may pursue a legal action to have the system removed at the owner's expense.
(16) 
The landowner shall, at his expense, complete decommissioning of the wind energy conversion system within six months after the end of the useful life of the system. It shall be presumed that the wind energy system is at the end of its useful life if no electricity is generated for a continuous period of 12 months.
(17) 
Nonelectrical windmills used for pumping water shall be exempted from the provisions of this section but must be sited so that any tip over will be harmless to others.
E. 
Solar energy conversion systems (SECS). Solar energy conversion systems are permitted as an accessory use to a permitted principal use in all zoning districts subject to the following requirements:
(1) 
General standards.
(a) 
The use of solar energy conversion systems, includes solar collectors, storage facilities, and distribution components, for space heating and cooling, and hot water heating.
(b) 
Solar energy collectors and equipment used for the mounting or operation of such collectors are not exempt from the height limitations specified for the zoning district.
(c) 
Apparatus necessary for the operation of solar energy conversion systems, such as overhangs, movable insulating walls and roofs, and reflectors may project up to six feet into required yard setbacks provided that they are not located within six feet of any property line.
(d) 
Detached solar collectors used solely for such purposes shall be considered a permissible accessory structure in all zoning districts. Ground-mounted solar systems shall not exceed a height of 14 feet above the ground.
(2) 
Solar access.
(a) 
All solar energy conversion systems and/or structures shall be oriented to the fullest extent possible to maximize the use of passive and/or active solar applications as would be appropriate for the site, as well as to provide for the area for solar access needed to efficiently operate the solar equipment to fall within the property upon which it is located.
(b) 
Should a property owner desire to locate solar collectors in a location for which the protection of solar access would impact an adjoining property, they shall be required to secure a written "solar sky space easement" for the protection of solar access from the adjoining property owner. Such easement may be in the form of an easement, covenant or other property interest in any deed or other property instrument executed by or with the landowners permission, on behalf of any landowner, that protects the solar sky space of the proposed solar energy collector at the described location by forbidding an activity, including placement of objects, live or otherwise, that would interfere with solar access. The solar sky space must be described either as the three dimensional space in which obstruction is prohibited or limited, or as the times of day in which direct sunlight into the solar collector may not be obstructed, or as a combination of both.
(c) 
Location of solar collectors in a location for which the protection of solar access would impact an adjoining property without a written solar sky easement described in Subsection E(2)(b) above, would be at the sole risk of the property owner constructing the solar collector.
(3) 
Permit.
(a) 
A zoning permit is required before any installation of a solar energy conversion system. As part of the zoning permit application, the applicant shall provide a plot plan and information that clearly describes the following:
[1] 
Property lines and physical dimensions of the site.
[2] 
Locations, dimensions and types of existing structures and uses on the site.
[3] 
Location of the proposed solar energy conversion system including setbacks from the property lines.
[4] 
Analysis of required solar access area described in three-dimension form.
[5] 
If the required solar access would be such that it would impact an adjoining property, a solar sky access easement described in Subsection E(2)(b) above would be required.
[6] 
Conformance with the Pennsylvania Uniform Construction Code and industry standards, as applicable.
A. 
Floodplain areas. All construction or development in all zoning districts and all other development activity shall be conducted in accordance with Chapter 117 of the Township Code, and as may be further amended or superseded by subsequent ordinances or regulations of the Township, state or federal government.
B. 
Wetland areas.
(1) 
Wetlands are defined by the United States Army Corps of Engineers and the United States Environmental Protection Agency as those lands that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. The three major characteristics of wetlands include vegetation, soil and hydrology.
(2) 
All land designated as wetlands within Maidencreek Township are regulated by state and federal agencies in addition to the regulations contained herein.
(3) 
For all subdivision and land development applications, the Township Engineer shall determine whether a wetlands delineation will be required by a qualified professional. Delineated wetlands shall be accompanied by a technical report and data forms. In lieu of an actual delineation being required by the Township, any hydric soils located on a property, as indicated by the USDA, Berks County Soil Survey, shall be subject to a fifty-foot buffer zone. Within this fifty-foot buffer zone, no earth disturbance and/or land development activity will be permitted.
(4) 
Upon receipt of a jurisdictional determination from the United States Army Corps of Engineers, the previously referenced fifty-foot buffer from either hydric soils or delineated wetlands (whichever is greater) is no longer applicable.
(5) 
Any proposed land use which may directly (by means of effluent discharge into the ground) or indirectly (through the leaching of stored materials) result in the pollution of the groundwater shall be prohibited from developing in any wetland, wetland margin, or area of hydric soil.
A. 
Portions of Maidencreek Township are characterized by hilly terrain which is occasionally quite steep. Development on steep terrain enhances the potential for adverse impacts resulting from erosion and stormwater runoff. This potential is increased as lot size decreases.
B. 
Slopes within the Township deemed to be steep slopes and subject to slope controls are those slopes in excess of 15%. The steep slopes are further classified into two groups: slopes of 15% to 25% and slopes of 25% or more.
C. 
Lands characterized by a slope in excess of 15% as measured over a horizontal distance of 50 feet shall not accommodate any element of an on-site sewage disposal system unless that system has been specially designed to compensate for the topographic conditions of the site. Such design shall be approved by the Township Sewage Enforcement Officer prior to any construction activity, including activity related to the installation of said system. Additionally, on properties containing slopes of 15% to 25%, it may be necessary to increase lot sizes from the minimum lot size specified in a particular zoning district to be able to accommodate the proposed structures and associated on-lot water and sewer services. In no case shall more than 50% of the minimum required lot size be located within steep slope lands.
D. 
Lands characterized by a slope in excess of 25% as measured over a horizontal distance of 50 feet shall not be stripped of vegetation (not including forestry activities which are otherwise regulated) or subjected to earthmoving activity unless the party proposing such activities has submitted a plan to the Township illustrating methods of stormwater control and erosion management to be used during and subsequent to such activity as well as how the slope will be permanently stabilized upon the cessation of activity. Such plan shall require the approval of the Berks County Conservation Service and the Board of Supervisors as advised by the Township Engineer. Additionally, on steep slope lands of 25% or more, no residential, commercial or industrial buildings shall be permitted to be located. Structural encroachments upon these steep slope lands shall be permitted only for road or driveway crossings, utility lines, stormwater pipes, and pedestrian trails.
E. 
Forestry and/or logging activities in steep slope areas shall comply with the requirements of all applicable state regulations including, but not limited to, the following:
(1) 
Erosion and sedimentation control regulations contained in Title 25 Pennsylvania Code, Chapter 102, promulgated pursuant to the Clean Streams Law (35 P.S. § 691.1 et seq.); and
(2) 
Stream crossing and wetlands protection regulations contained in Title 25 Pennsylvania Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1 et seq.).
A. 
Off-street parking spaces with safe access from a public street shall be provided on each lot, either within a structure or in the open, to serve the uses upon that lot. New off-street parking facilities shall be provided whenever:
(1) 
A building is constructed or new use established.
(2) 
The use of an existing building is changed to a use requiring more parking facilities.
(3) 
An existing building is altered so as to increase the amount of parking spaces required.
B. 
Parking spaces for each vehicle shall be at least 10 feet by 20 feet. Parking spaces for use by handicapped drivers shall be at least 14 feet by 20 feet or as otherwise regulated by the Americans with Disabilities Act of 1990, as amended, whichever is more restrictive.
C. 
Parking lots accommodating five or more vehicles in a nonresidential district which abut a residential district, a residential use, or a parking lot used for multifamily residential purposes shall be screened from said adjacent district or use by a buffer yard.
D. 
Aisles providing access to individual parking spaces within a parking lot or parking garage (other than garages serving individual residences) shall have a minimum width of 24 feet for back-to-back double-bay parking. Where the aisle provides access to only a single row of parking, the minimum width of that aisle shall be 18 feet.
E. 
Minimum number of off-street parking spaces required.
(1) 
All landowners or developers shall provide, as a minimum, the number of parking spaces required by this section for each land use on the tract. If the calculation to determine the required number of spaces results in a fractional figure, said fraction shall be rounded (up or down) to the nearest whole number; fractional values of exactly 0.5 shall be rounded up.
(2) 
Provision of parking spaces greatly in excess of what is hereunder required is discouraged. Additional spaces, above what is stated below, may be required by the Board of Supervisors within their reasonable discretion if the proposed use has an arterial road as its sole means of access, thereby minimizing the likelihood of unauthorized on-street parking.
(3) 
Within this subsection, "square feet" indicates "square feet" and "GFA" indicates "gross floor area."
(4) 
Residential uses.
(a) 
Nontransient dwellings, including single-family and two-family residences, multifamily residences, mobile homes within mobile home parks and otherwise used as permanent dwellings, and vacation homes. Dormitories operated as part of an institutional use are specifically excluded: two spaces per dwelling unit, plus one space for every five units in a multifamily structure, townhouse, or mobile home development (for guest parking).
(b) 
Nursing homes/assisted living care facilities: one space per employee, plus one space per every two rooms available for occupancy.
(c) 
Retirement community: 1.5 spaces per dwelling unit, plus one space per every five dwelling units for guest parking.
(5) 
Commercial, industrial, and office uses.
(a) 
Manufacturing: 1.0 space per 1,000 square feet GFA plus 1.0 space per employee on largest shift.
(b) 
Research and development facilities, laboratories, and business services: three spaces per 1,000 square feet GFA.
(c) 
Office buildings/office parks: 3.5 spaces per 1,000 square feet GFA.
(d) 
Personal and professional services: 3.5 spaces per 1,000 square feet GFA.
(e) 
Financial service establishments, including banks, brokerages, and savings and loans. Insurance offices are considered office buildings (see above): three spaces per 1,000 square feet GFA, plus drive up window requirements if applicable.
(f) 
Commercial services: one space per 150 square feet GFA.
(g) 
Drive-up window/station/drive-through where permitted as part of a principal use: A waiting lane for each drive up window or station with a capacity for five vehicles. All waiting lanes shall be located off-street right-of-way.
(h) 
Eating and drinking place with table service: one space per four seats, plus one space for each employee on largest shift.
(i) 
Eating and drinking place without table service: 10 spaces per 1,000 square feet GFA.
(j) 
Funeral home or crematorium: 0.25 spaces per seat of chapel capacity space plus one space per employee.
(k) 
Gas station (in addition to service station requirement, if applicable): one space per pump island, plus four spaces at each pump island.
(l) 
Home occupation: As may be required, depending upon use. In all cases, no less than two spaces in addition to residential requirement.
(m) 
Hotel or motel: one space per unit, plus one space per employee on largest shift, plus four spaces for each 50 units, plus spaces as required for ancillary uses.
(n) 
Lumberyard: one space per 1,000 square feet under roof.
(o) 
Personal storage facility: one space per 10 rentable units, plus one per employee.
(p) 
Retail sales of consumed or perishable items and other items with little seasonal variation in demand. Includes supermarkets and convenience stores: 3.5 spaces per 1,000 square feet GFA.
(q) 
Retail sales of capital or nonperishable items and other items with clear seasonal variation in demand. Includes shopping centers, department stores, auto dealers, apparel and personal accessory stores, gift shops, jewelers, nurseries and greenhouses, bookstores, electronics stores, and retail sale of all similar items: five spaces per 1,000 square feet GFA.
(r) 
Service station and auto repair services (to be provided in addition to gas station and auto dealer requirements, as may be applicable): two spaces per garage bay, in addition to the garage bays themselves.
(s) 
Wholesale sales or commercial sales: one space per employee on largest shift.
(t) 
Warehouse, wholesale distribution or freight terminal: one space per 1,000 square feet GFA up to the first 10,000 square feet GFA, one space per 4,000 square feet GFA over 10,000 square feet GFA.
(6) 
Institutional and public uses.
(a) 
Adult day-care facility: one space per employee, plus one space per facility vehicle, plus one space per 15 clients. Applicants for such use must further demonstrate that there is adequate room for vehicles to safely drop off and pick up clients. These requirements shall not apply to adult day-care centers operated as home occupations.
(b) 
Auditoriums, assembly halls, sports arenas and stadiums with fixed seats: one space per every three seats.
(c) 
Auditoriums, assembly halls, sports arenas and stadiums without fixed seats, health clubs and spas: one space per every 50 square feet of floor area in the auditorium, assembly, or meeting room, plus one space for every 200 square feet of other floor area.
(d) 
Community center or social club: 12 spaces per 1,000 square feet in main assembly area.
(e) 
Child day-care center: one space per employee plus one space per facility vehicle, plus two spaces per 15 children. Applicants for such use must further demonstrate that there is adequate room for vehicles to safely drop off and pick up children. These requirements shall not apply to child day-care centers operated as home occupations.
(f) 
College dormitory: 2.5 spaces per dormitory room.
(g) 
College/university/seminary/business or vocational school: 0.5 spaces per student, plus one space per employee.
(h) 
Elementary and middle schools, including boarding schools, whether public or private: one space per staff member, plus one space per facility vehicle, plus spaces equal to 10% of staff spaces for visitors, plus one space per every three seats in auditorium, gymnasium or other general assembly area, whichever is greater.
(i) 
High schools, including boarding schools, both public and private: one space per staff member, plus one space per facility vehicle, plus spaces equal to 10% of staff spaces for visitors, plus one space per every four students, plus one space per every three seats in stadium, auditorium, gymnasium or other general assembly area, whichever is greater.
(j) 
Hospital: one space per two beds, plus one space per doctor, plus one space per facility vehicle, plus 0.9 space per employee of largest shift.
(k) 
Library: three spaces per 1,000 square feet GFA.
(l) 
Museum or similar cultural institution: three spaces per 1,000 square feet GFA.
(m) 
House of worship: one space per every three seats.
(n) 
Utility installation: two spaces per installation.
(7) 
Recreational uses.
(a) 
Bowling alley: five spaces per lane.
(b) 
Cinema: one space per every three seats, plus one space per employee on largest shift.
(c) 
Country club, golf club, miniature golf course: five spaces per tee, plus spaces which may be required for ancillary uses.
(d) 
Health club, spa: five spaces per 1,000 square feet GFA.
(e) 
Indoor amusement arcade: five spaces per 1,000 square feet GFA.
(f) 
Stadium, theatre, or gymnasium: one space per every three seats.
(g) 
Swim club, public swimming pool: one space per 50 square feet of swimming pool floor, plus spaces which may be required for ancillary uses.
(8) 
Parking spaces for handicapped drivers.
(a) 
Within off-street parking lots, parking spaces to accommodate handicapped drivers shall be provided according to the total number of spaces in the lot as follows or in accordance with the Americans with Disabilities Act of 1990, as amended, whichever is more restrictive:
Total number of spaces
Minimum number of spaces for handicapped drivers
Fewer than 25
1
25 to 50
2
51 to 75
3
76 to 100
4
101 to 150
5
151 to 200
6
201 to 300
7
301 to 400
8
401 to 500
9
501 to 1,000
2% of total
1,001 and over
20, plus 1 for each 100 over 1,000
(b) 
Parking spaces reserved for handicapped drivers shall be located to minimize the distance between said spaces and a wheelchair-accessible entrance to the facility.
F. 
Surfacing requirements.
(1) 
All nonresidential parking areas and access drives shall be paved. All driveways shall be graded to provide convenient vehicular access and proper drainage and shall be maintained in usable condition. The maximum grade of areas used for parking shall not exceed 5%, and the maximum grade of access drives shall not exceed 10%. Surface water shall not be concentrated onto public sidewalks and other premises.
(2) 
The Township may permit a compacted gravel, oil-sealed gravel, or brick paver off-street parking area if the applicant can provide evidence that the proposed land use activity does not require a paved off-street parking area. As part of the request, the applicant shall submit a stormwater management plan, a grading plan, and an erosion/sedimentation control plan to the Township Engineer for review and comment. Compacted earth is not an acceptable surface for a parking area as required herein under any circumstances. The surface of all parking areas shall be dust free under conditions of normal use.
(a) 
If the applicant can document the intended land use will use less parking than required herein, the applicant may request initial build-out of 80% of the parking requirements. The remaining 20% must be shown as reserved for future use on the plan. The Township Board of Supervisors may, at their discretion, require 100% build-out of parking requirements with asphalt, compacted gravel, oil-sealed gravel, or brick pavers.
(b) 
For stormwater calculation purposes, all parking shall be assumed to be asphalt or impervious cover.
(3) 
A concrete bumper block shall be provided for any noncurbed portion of all parking lots for each parking space in a parking area serving a nonresidential use, or for multifamily residential uses.
(4) 
For all paved parking areas serving either a nonresidential use or a multifamily residential use, parking space areas, direction of traffic flow, and traffic lanes where not readily apparent shall be clearly delineated by reflective, painted lines. Additional directional and informational signage may be required by the Board of Supervisors as they may deem necessary.
G. 
The use of a single parking lot to serve multiple independent uses is encouraged. The number of spaces provided in such lot shall be equivalent to the sum of the number of spaces which would be required if each use had its own parking lot.
H. 
No areas necessary to fulfill the off-street parking requirements of this article shall be used for the sales, dead-storage, repair (except for emergency repairs), maintenance, dismantling, or servicing of vehicles.
I. 
Vehicles without current license plates and valid registration shall not be parked or stored along any public street or upon any residentially zoned property outside of the rear yard area, inside a garage or on a driveway if covered.
J. 
Off-street parking areas existing at the effective date of this chapter shall not subsequently be reduced to accommodate fewer vehicles than what is required by this section.
K. 
Off-street truck loading requirements. These requirements shall apply to all new industrial, commercial, office, and mixed-use developments, and to all expansions of such existing uses resulting in a gross floor area gain of 20% or more from the effective date of this chapter.
(1) 
Each loading berth shall be a minimum of 12 feet wide and 50 feet long, and shall have a clear height of not less than 14 feet.
(2) 
Loading areas shall be completely contained upon the site of the building served and shall neither occupy nor infringe upon any parking spaces, traffic lanes within a parking area, driveways, or public street rights-of-way.
(3) 
A screen planting in accordance with § 220-64 shall be provided between loading areas and any adjacent nonindustrial properties.
(4) 
Loading areas shall be located within the rear and/or side yards of the structure served.
(5) 
All loading areas shall have a dust-free surface over the entire area customarily used by delivery vehicles for parking and maneuvering. The surface may be asphalt, bituminous concrete, concrete, oil-sealed gravel, compacted gravel, or any other dust-free surfacing material which meets with the approval of the Board of Supervisors.
(6) 
Off-street loading areas shall be provided as follows:
Gross Floor Area
Loading Spaces Required
Office building
First 20,000 square feet or fraction thereof
1
Each additional 40,000 square feet
1
Warehouse/wholesale establishment
First 10,000 square feet or fraction thereof
1
10,001 to 60,000 square feet
1, plus 1 additional for each 25,000 square feet in excess of 10,000 square feet
60,001 and over
3, plus 1 additional for each 50,000 square feet in excess of 60,000 square feet
Other principal uses
First 10,000 square feet or fraction thereof
1
10,001 to 40,000 square feet
1, plus 1 additional for each 15,000 square feet in excess of 10,000 square feet
40,001 and over
3, plus 1 additional for each 30,000 square feet in excess of 40,000 square feet
A. 
General regulations. This section shall apply generally to all signs within the Township. However, where a more particular standard or provision in this chapter governs a type of sign, the more particular provision shall control and not be deemed in conflict herein.
(1) 
Interpretation of sign area.
(a) 
The display area for any sign, including but not limited to for purposes of determining maximum sign size, shall be deemed to include all lettering, wording, designs, symbols and images together with all background and material to which they are attached or upon which they are displayed, but excluding any framework, posts, or bracing which is incidental to the display itself.
(b) 
Where a sign consists of individual letters or symbols attached to or painted upon a structure surface, the area of the sign shall be the area of the smallest rectangle which can be drawn to encompass all of the letters and symbols.
(c) 
Where there are multiple signs upon a single property, the sum area of all sign surfaces on all signs shall not exceed the permitted maximum stated in this section, except that the area of a double-faced sign (that is, a sign with two surfaces back-to-back such that both sides cannot be read simultaneously) shall be interpreted as the area of one face.
(2) 
No sign shall be placed within a street right-of-way except traffic signs and similar regulatory notices erected by the Pennsylvania Department of Transportation, the Township, or another public agency having jurisdiction.
(3) 
No sign shall be erected containing information stating or implying that a property may be used for any purpose not permitted under the regulations for the applicable zoning district as defined by this chapter.
(4) 
Signs shall be constructed of durable materials and kept in good condition and safe from collapse. Any sign which is allowed to fall into disrepair shall be removed by the Township at the expense of the owner of the sign. The Township shall provide 30 days' notice to the sign owner of its intent to remove such a sign.
(5) 
No sign that is a part of or is supported by a building shall be erected upon the roof of such building, nor shall such sign extend higher than the building. Freestanding signs shall not be taller than 35 feet.
(6) 
No sign shall project beyond any lot line. No portion of any sign shall be located within 10 feet of any side lot line nor within 10 feet of any street line. No sign attached to a building facade shall extend more than 12 inches from the facade to which it is attached. Billboards shall comply with Subsection F(5).
(7) 
No sign shall physically obstruct vehicular ingress or egress from a property or human ingress or egress from a structure.
(8) 
No sign shall be permitted which is posted, stapled, or otherwise permanently or temporarily attached to public utility poles or trees within a street right-of-way.
(9) 
Nonconforming signs, once removed, shall be replaced only with conforming signs; however, nonconforming signs may be removed for repainting, provided such painting or repairing neither worsens the aspect of nonconformity nor creates any new aspect of nonconformity.
(10) 
No sign shall be placed within a clear sight triangle except traffic signs and similar regulatory notices erected by the Pennsylvania Department of Transportation, the Township, or another public agency having jurisdiction. Such signs shall not create a visual obstruction to clear sight distances.
B. 
Signs permitted in all districts.
(1) 
Official traffic or directional signs or other official signs erected by the federal, state, county, or municipal government or an agency thereof.
(2) 
Temporary signs announcing a campaign, drive, or event of a civic, philanthropic, educational, or religious organization, provided such sign shall not exceed 60 square feet in area and shall be removed within one week of the completion of the campaign, drive, or event advertised.
(3) 
Business signs offering the sale or rental of the premises upon which the sign is erected, provided that the area of any such sign shall not exceed six square feet and not more than one such sign shall be placed on the property unless such property fronts on more than one street, in which case one such sign may be erected on each street frontage.
(4) 
Temporary signs of contractors, developers, architects, engineers, builders, and artisans erected and maintained on the premises where such individual(s) are at work, provided that the area of each such sign shall not exceed 12 square feet and that such sign shall be removed within one week of the completion of their work.
(5) 
"No Trespassing" signs; signs indicating the private nature of a road, driveway, or premises; and signs controlling fishing or hunting on the premises, provided that the area of any such sign shall not exceed four square feet.
C. 
Signs permitted in residential and agricultural districts.
(1) 
Signs advertising a home occupation, nameplates displaying the name and address of the occupant, and nameplates displaying the profession or activity of the occupants of a dwelling are permitted, provided that not more than one such sign shall be erected for each permitted use and further provided that the area of each such sign shall not exceed two square feet. Each such sign shall either be fixed flat on the main wall of the principal structure (or of the accessory structure housing a home occupation) or shall be erected within the front yard not less than 10 feet from the street right-of-way line.
(2) 
Signs, bulletin or announcement boards, or identification signs for schools, churches, hospitals, sanitariums, clubs, multifamily dwellings, or other nonresidential principal uses are permitted for the purpose of displaying the name of the institution and its activities or services, provided that said sign is located on the same lot as the use advertised, announced, or promoted and further provided that the area of such sign shall not exceed 12 square feet. Not more than one such sign shall be erected along each street frontage of the property.
(3) 
Signs offering the sale of farm products or of livestock produced or raised on the premises are permitted, provided that the area of any such sign shall not exceed 12 square feet. Not more than one such sign shall be erected along each street frontage of the property. Such signs are not permitted in the R-1 Low-Density Residential District or in the R-2 Moderate-Density Residential District.
(4) 
Signs denoting membership in an agricultural association or cooperative, or specialization in or use of a particular breed of livestock or variety of crop are permitted, provided that the area of any such sign shall not exceed six square feet. Not more than one such sign shall be erected along each street frontage of the property. Such signs are not permitted in the R-1 Low-Density Residential District or in the R-2 Moderate-Density Residential District.
D. 
Signs permitted in commercial and industrial districts.
(1) 
Signs directing patrons, members, or audiences to temporary exhibits, shows, or events are permitted, provided that no such sign shall exceed six square feet in area. Such signs shall be posted not more than two weeks prior to the exhibit, show, or event and shall be removed within one week of the closing of the exhibit, show, or event.
(2) 
Signs erected in conjunction with a political election are permitted, provided that no such sign shall exceed six square feet in area. Such signs shall be posted not more than one month prior to the election for which the sign has been posted and shall be removed within one week following said election. All political signs which remain posted after two weeks following the election may be removed by the Township with the expenses for such removal billed to the campaign of the candidate.
(3) 
Business or commercial signs on the same lot as the use to which it relates are permitted, provided that the area of such sign shall be limited to two square feet per lineal foot of horizontal building facade length up to an absolute maximum of 160 square feet.
(4) 
Special temporary outdoor promotional devices, signs, or displays, such as banners or pennants, for a period of not more than 30 consecutive days.
E. 
Signs permitted as an accessory to multifamily dwellings.
(1) 
Freestanding temporary real estate signs for advertising the sale or rental of the premises upon which the sign is erected are permitted, provided that the area of such sign shall not exceed 50 square feet. No more than one such sign is permitted along each street frontage, and no such sign shall be taller or stand higher than any building it advertises. For the purposes of this chapter, multifamily dwellings shall not be advertised by temporary real estate signs for more than 12 months after completion of construction activity.
(2) 
Directional signs within the property to direct persons to the rental office, sample unit, or other facilities are permitted. No such sign shall exceed two square feet in area.
(3) 
Permanent identifying signs for the purpose of indicating the name of the multifamily development and for identifying the individual buildings within the property are permitted. Not more than one identifying sign may be erected at each entrance to the development from a public street; no such sign shall exceed 10 square feet in area. Signs identifying individual buildings within the development shall not exceed three square feet in area.
F. 
Billboards. Billboard signs are permitted by special exception in the SIA and I Districts subject to the following standards:
(1) 
The maximum finished height of all billboard signs shall not exceed 35 feet above the elevation of the adjacent street, measured at the street center line.
(2) 
The maximum advertising display area for each billboard sign shall not exceed 300 square feet per sign face.
(3) 
Billboard sign structures shall have a maximum of two sign display areas (one display area in each direction) and a maximum total width of 30 feet.
(4) 
No billboard sign shall be erected within 1,200 feet of any residential dwelling, church, school, cemetery or any other existing billboard signs on either side of any street or way, including existing signs in adjacent municipalities. In addition, no lot shall contain more than one billboard sign.
(5) 
No billboard sign shall be located within any required front yard, side yard or rear yard setbacks per the applicable zoning district as set forth in this chapter.
(6) 
All billboard signs and structures shall comply with all building codes and building and/or zoning permits shall be required prior to the erection and construction thereof.
(7) 
All billboard signs and sign structures erected after the date of this chapter shall conform to all other applicable federal, state and local laws, rules and regulations.
(8) 
V-type sign arrangements shall be permitted as long as same are structurally sound and as long as the sign display areas shall not form an interior angle of greater than 25°.
(9) 
Lighting of billboards shall be in accordance with all Township of Maidencreek ordinances concerning lighting and Subsection G below.
G. 
Illuminated signs. Illuminated signs, when permitted by this chapter, will be subject to the following regulations:
(1) 
Externally illuminated signs shall be lighted by fixtures designed, fitted and aimed to limit the light pattern to the sign or billboard and not beyond and so as not to project their output into the windows of neighboring residences or to cause glare to adjoining properties or roads.
(2) 
The maximum initial illumination on the face of an externally illuminated sign or billboard face shall not exceed 30 vertical footcandles with maximum to minimum uniformity ratio not to exceed 6:1.
(3) 
Signs and billboards containing rotating, animated, traveling, pulsing or oscillating light sources, lasers, beacons or strobe lighting shall not be permitted.
(4) 
Signs and billboards using LED light sources, with the exception of time/weather messages, shall not change messages at an interval of less than eight seconds and a minimum transition time between messages of one second.
(5) 
Such signs and billboards, when illuminated both day and night, shall have their brightness automatically reduced commensurate with nighttime ambient brightness.
(6) 
Illuminated signs along state highways shall meet all applicable state statutes and requirements in addition to applicable Township zoning requirements.
(7) 
Maidencreek Township reserves the right to conduct a post-installation inspection of signs and billboards and to require the reduction of brightness when it determines that the brightness creates a hazard to drivers or pedestrians, creates a nuisance or is otherwise judged to be excessive.
No land, building, structure or premises in any district shall be used, altered or occupied in a manner that will create any dangerous, injurious, or noxious condition related to fire, explosion, radioactivity, or other hazard; noise or vibration; smoke, dust, odor, or other form of air pollution; electrical or other disturbance; glare; liquid or solid refuse or wastes; or conditions conductive to the breeding of rodents, insects, or other vectors, in any manner or amount as to adversely affect the surrounding area. The standards of this section shall be applicable to all zoning districts and uses.
A. 
Vibration. No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or at any point beyond the lot line.
B. 
Air quality.
(1) 
There shall be no emission of smoke, ash, dust, fumes, vapors, gases or other matter toxic or noxious to air which violates the Pennsylvania Air Pollution Control Laws, including the standards set forth in Chapter 123 (Standards for Contaminants) and Chapter 131 (Ambient Air Quality Standards), Article III, Title 25, Pennsylvania Department of Environmental Protection, Rules and Regulations.
(2) 
No use shall operate or maintain or permit to be operated or maintained any equipment, installation, or device which by reason of its operation or maintenance will discharge contaminants to the air in excess of the limits prescribed herein, unless he shall install and maintain in conjunction therewith such control equipment as will prevent the emission into the open air of any air contaminant in a quantity that will violate any provision of this chapter.
(3) 
It shall be unlawful for any person to install, alter, enlarge, or make additions to any existing or new facilities, equipment, or operation that may be a source of air contaminants or to install, alter, enlarge, or make additions to any existing or new equipment, devices, or apparatus, the use of which may eliminate, reduce, or control the emission of air contaminants, until the applicant for such facility, equipment, or operation has forwarded to the Township duplicates of all forms required by DEP, demonstrating compliance with the regulations of that department, and, where applicable, a duplicate of the approval by DEP for the facility, equipment, or operation for which application is being made.
C. 
Electrical, electromagnetic, and electrostatic interference. There shall be no electrical, electromagnetic, or electrostatic disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.
D. 
Fire and explosive hazards.
(1) 
All activities and all storage of flammable and explosive material at any point shall be provided with adequate safety devices against the hazards of fire and explosion along with adequate fire-fighting and fire-suppression equipment and devices as detailed and specified by the laws of the Commonwealth of Pennsylvania.
(2) 
All buildings and structures and activities within such buildings and structures shall conform to all applicable local, state, and federal codes and ordinances.
(3) 
Any explosive material shall conform to the requirements of Chapter 211, Title 25, Rules and Regulations, Pennsylvania Department of Environmental Protection, for Storage, Handling and Use of Explosives.
E. 
Radioactive materials. There shall be no activities which emit dangerous radioactivity at any point. If any use is proposed which incorporates the use of radioactive material, equipment, or supplies, such use shall be in accordance with the applicable regulations of Title 25 of the Pennsylvania Code, as amended, and the regulations of the Atomic Energy Commission, Title 10 CFR Chapter 1, Part 20, Standards for Protection Against Radiation.
F. 
Glare and heat.
(1) 
No direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion, welding, or otherwise, shall be visible at or beyond the lot line of the property generating such glare.
(2) 
There shall be no emission or transmission of heat or heated air so as to be discernible at the lot line.
(3) 
Exterior lighting shall conform to the following requirements:
(a) 
This section sets forth minimum criteria for the installation, use and maintenance of exterior lighting, the purposes of which are to require lighting in outdoor public places where safety and security are concerns; protect drivers and pedestrians on nearby streets from glare from nonvehicular light sources that shine directly into their eyes and thereby impair safe travel; shield neighboring properties from glare resulting from excessive light sources and from nonexistent or improperly directed or shielded light sources; limit the height of light standards to preclude or lessen light pollution; and promote efficient design and operation with regard to energy conservation.
(b) 
Lighting facilities shall be required for all off-street parking areas and off-street loading areas and for all driveways providing ingress and egress thereto and for all subdivisions and/or land developments for business, commercial, retail, personal service, industrial, multifamily, recreational, institutional and public uses, and for all construction or reconstruction or improvement of any such use for which land development approval is not required. In the approval of any subdivision or land development plan, the Township shall have the authority to require lighting to be incorporated for other uses or locations where in their reasonable discretion such lighting is warranted. In addition, the provisions of this section shall apply to signs, architectural lighting, and landscape lighting.
(c) 
Where required by the Township to demonstrate compliance with the provisions of this chapter, a lighting plan shall be prepared and submitted in accordance with the following criteria:
[1] 
A lighting plan shall be submitted for review and approval for all applications and uses which require exterior lighting.
[2] 
The lighting plan shall include a schematic layout of all proposed exterior fixture locations, footcandle data, and a plat demonstrating intensities and uniformities within the limitations established with this chapter, as well as the manufacturer's description of the equipment (catalog cuts), glare control devices, lamps, mounting heights and means, proposed hours of operation of the lighting, and maintenance schedule. Illumination intensities shall be plotted on a ten-foot-by-ten-foot grid.
[3] 
The applicant shall submit a visual impact photometric plan that demonstrates both light coverage and light spillage resulting from the proposed lighting plan and the provision for adequate measures to mitigate nuisance from light pollution and disabling glare, both on the use or development site and on adjacent properties.
(d) 
The lighting plan shall be prepared to comply with the provisions specified within the Township's Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 190, Subdivision and Land Development.
G. 
Liquid and solid waste (nonradioactive).
(1) 
There shall be no discharge at any point into any public or private sewerage system, watercourse, or into the ground of any materials in such a way or of such a nature as will contaminate or otherwise cause the emission of hazardous materials in violation of the applicable regulations of Title 25 of the Pennsylvania Code, as amended.
(2) 
No waste matter shall be stored on any property other than an approved sanitary landfill or recycling center for longer than 30 days.
(3) 
All organic rubbish and garbage shall be contained in tightly sealed, verminproof containers, except when managed as a composting area, as noted below:
(a) 
Composting operations conducted as an accessory to an agricultural use. Such operations shall be fenced and shall be set back a minimum of 50 feet from all property lines.
(b) 
Composting operations in the SIA Special Intensified Activities District in conformance with the regulations of Article XV.
(c) 
Private, personal-use composting areas on a residential lot. Such operations shall be fenced, and shall be set back from all property lines by a distance not less than the longest dimension of the actual composting area.
(4) 
Waste material to be disposed of by land application shall not under any circumstance contain inorganic material.
H. 
Public health and safety. No use shall create any other objectionable condition in an adjoining area which will endanger the public health or safety, or impede the permitted uses of the surrounding area.
I. 
Storage of trash and rubbish. Storage areas for trash and rubbish shall be completely screened; no such storage area shall be permitted within any required yard. All organic rubbish (unless contained within a properly managed composting area, as described in Subsection G, above) shall be contained in airtight, verminproof containers.
A. 
Developments requiring landscaping plans. All subdivisions and land developments are required to submit a landscape plan to the Township for review and approval as part of the subdivision and land development approval process. The landscape plan shall be provided in accordance with the requirements of this section and those contained within the Maidencreek Township Subdivision and Land Development Ordinance, Chapter 190, Township Code.
B. 
Landscape buffer yards.
(1) 
A buffer yard is hereby defined as a landscaped barrier or buffer of sufficient height and density as to obstruct casual observation. The buffer yard width shall be as specified in the specific zoning district, but in no case less than 10 feet.
(2) 
A buffer yard shall be provided and continually maintained by the landowner in the following cases:
(a) 
In the C-1 Local Commercial, C-2 Regional Commercial, I Industrial, and SIA Special Intensified Activities Districts, property owners shall provide a screen planting along those portions of their perimeters which abut any residential district or use, including the CR Commercial Residential District.
(b) 
Around the perimeter of multifamily residential developments.
(c) 
Around the perimeter of mobile home parks.
(d) 
As may be required elsewhere by this chapter or Chapter 190, Subdivision and Land Development.
C. 
A buffer yard shall not be required between or among uses of a similar character.
D. 
No buffer yard shall be permitted where it may impose a threat to the public safety by obstructing the view of motorists to oncoming traffic or pedestrians.
E. 
All buffer yards shall be maintained and kept clean of debris, rubbish, weeds and tall grass.
F. 
If the applicant can demonstrate that the existing conditions of the site are such that the function of the required buffer yard is adequately performed by the naturally existing vegetation located on the property, then no additional planting shall be required for that portion for which the natural vegetation is sufficient. A landscape plan may still be required to provide for the maintenance of such natural areas, and plants die off to the extent that the screen or buffer function is no longer fulfilled.
G. 
Any portion of a site which is not utilized for buildings, accessory structures, loading or parking spaces, aisles, sidewalks, and designated storage areas shall be planted with an all-season ground cover.
H. 
All plant materials shall be permanently maintained, and any plant which does not live, or which grows in a manner uncharacteristic for the selected species, shall be replaced at the expense of the developer or, after the developer's eighteen-month maintenance period, at the expense of the owner of the property on which the plant is located.
I. 
Plant material list. Species selection shall be based upon the existing physical and natural conditions of the site, and shall be consistent with the regulations within Chapter 190 of the Township Code, Subdivision and Land Development.
Car washes are permitted in the C-1 Local Commercial District as a use by special exception subject to the following conditions and with the approval of the Zoning Hearing Board.
A. 
Automatic, semiautomatic, and self-service car washes are permitted only in enclosed buildings. No such building shall be located closer than 100 feet to any residential district or to any intersection of public street right-of-ways.
B. 
Vehicle stacking area(s) shall be designed and located so as not to intrude into the required front yard area.
C. 
Lot area shall be sufficient to provide space for the building, required yards, and driveways. Stacking area for not less than five vehicles at each bay shall be provided at self-service car washes. Stacking area for not less than 10 vehicles for each space or rated capacity shall be provided at automatic and semiautomatic car washes.
A. 
Home business:
(1) 
Home business are permitted by conditional use in the AP Agricultural Preservation and the R-1 Low Density Residential Districts.
(2) 
A home business while allowing activities that are of a slightly greater intensity than a home occupation must nevertheless be of such a nature and operated in such a manner as to still be consistent with the general residential character of the lot and the surrounding neighborhood.
(3) 
The activity must be properly screened, constructed and operated so not to interfere with the use and enjoyment of surrounding properties, activities.
(4) 
Permitted activities may include beauty shops, repair shops, small volume retail that does not involve more than a few customers per day, antique dealers, sharpening services, blacksmithing, ferrier, welding, gunsmithing, furniture maker, furniture restoration, taxidermy, and similar not-intrusive business activities.
(5) 
Activities specifically not permitted for a home business include: kennels, warehousing and storage businesses, wholesaling, distribution businesses, sales and repair of vehicles, car washes, transfer stations, gas stations, junkyards, adult bookstores, adult motion picture theaters, cabarets, self-storage facilities, landfills, hazardous waste facilities, methadone treatment facilities, bulk water extraction, mineral extraction, and buildings and uses accessory to any of these excluded uses.
(6) 
The minimum lot size for any lot on which a home business is proposed shall be three acres.
(7) 
The home business shall be conducted within the principal residential structure of an accessory structure on the property. No activity of the home business shall be closer than 100 feet from any side yard or rear yard or within 100 feet of any other residential dwelling.
(8) 
The principal person engaged in the home business shall be a resident of the residential dwelling.
(9) 
The home business shall be limited to the principal person engaged in the home business and two additional persons to provide secretarial, clerical or other assistance.
(10) 
All parking shall be off-street. Four off-street parking spaces in addition to those required for the residence shall be provided.
(11) 
All dwelling units which propose a home business shall have direct access to a public street, and that the use/operation of a home business does not change the character thereof and/or have any exterior evidence of such secondary use other than a permitted sign subject to § 220-62 of this chapter.
(12) 
Only one home business, home occupation or no-impact home based business may be conducted on a single residential lot.
(13) 
A zoning permit is required for all home business.
B. 
Home occupations:
(1) 
Home occupations are permitted by right in the Agricultural Preservation (AP), and all Residential Zoning Districts (R-1, R-2, R-2a, R-3, R-4).
(2) 
Permitted activities for a home occupation include the following: the office of a licensed medical practitioner, or allied health field, dentist, architect, artist, baker (not for retail consumption), lawyer, accountant, insurance agent, real estate broker, teacher, tax collector, engineer, dance music or voice instructor, dressmaker, milliner or seamstress, barber or beautician, or similar occupation.
(3) 
All dwelling units which propose a home occupation use shall have direct access to a public street, provided that the occupation is secondary to the use of the property as a residence, and further that the use of the dwelling does not change the character thereof and/or have any exterior evidence of such secondary use other than a permitted sign subject to § 220-62 of this chapter.
(4) 
The principal person engaged in the home occupation shall be a resident of that dwelling.
(5) 
The home occupation shall be limited to the principal person engaged in the home occupation and two additional persons to provide secretarial, clerical or other assistance.
(6) 
No more than one home occupation per residence shall be permitted.
(7) 
The home occupation shall be conducted within the principal residential structure or an accessory structure to which the home occupation is performed.
(8) 
A home occupation shall not occupy more than 25% of the total floor area of the residential dwelling unit or accessory structure to which the home occupation is performed.
(9) 
All parking shall be off-street. Three off-street parking spaces in addition to those required for the residence units shall be provided, except that in the case of the office of a medical practitioner or dentist, four spaces shall be provided.
(10) 
A zoning permit issued by the Township is required for all proposed home occupations.
C. 
No-impact home-based business:
(1) 
No-impact home-based business which are compliant with the requirements of § 220-66C(2) below are permitted as accessory uses by right in the Agricultural Preservation District (AP), all Residential Zoning Districts (R-1, R-2, R-2a, R-3, R-4) and in the C-R district.
(2) 
To qualify as a "no-impact home-based business" the activity must satisfy the following requirements:
(a) 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(b) 
The business shall employ no employees other than family members residing in the dwelling.
(c) 
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(d) 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
(e) 
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.
(f) 
The business activity may not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.
(g) 
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(h) 
The business may not involve any illegal activity.
(3) 
A no-impact home based business meeting the above requirements shall not be subject to the standards set forth for home occupations is § 220-66B above, other than the requirement that a zoning permit be issued.
Solid waste disposal facilities, including landfills and resource recovery facilities and low-level radioactive waste facilities, are permitted by special exception within the I Industrial Zoning District. If a special exception is granted by the Zoning Hearing Board, the applicant shall be subject to all conditions, standards, and controls listed below.
A. 
Solid waste landfills.
(1) 
If a special exception is granted, then the applicant is subject to all conditions, standards and controls listed below:
(a) 
The minimum lot area shall be 50 acres.
(b) 
The construction and operation of a sanitary landfill shall not be permitted unless a permit for such landfill has been issued by the Pennsylvania Department of Environmental Protection and the landfill is constructed and operated in full compliance with the statutes of the Commonwealth of Pennsylvania and the rules and regulations of the Pennsylvania Department of Environmental Protection. Operation of any solid waste landfill shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania, and the rules and regulations of the Department of Environmental Protection and the provisions of this chapter. In the event that any of the provisions of this part are less restrictive than any present or future rules or regulations of the Department, the more restrictive Department rules and regulations shall supersede and control in the operation of such solid waste landfill.
(c) 
A solid waste landfill operation shall be under the direction at all times of a responsible individual who is qualified by experience or training to operate a landfill.
(d) 
Burning of solid waste is prohibited at a landfill. Suitable measures shall be taken to prevent fires by means and devices mutually agreeable to the Department of Environmental Protection and the Township.
(e) 
Gaseous and particulate emission from the landfill site shall conform to the prevailing federal, state and local air pollution control codes and regulations.
(f) 
Direct access shall be taken from an arterial or collector highway. No more than one access road shall be constructed to the entrance of the landfill. The access road shall be an all-weather paved surface road negotiable by and capable of supporting loaded solid waste collection vehicles. All existing public roads shall be kept mud-free.
(g) 
A tire cleaning area shall be provided on site. All tires of all trucks leaving the landfill shall be cleaned. Runoff from the tire cleaning area shall be controlled and disposed of in accordance with all pertinent federal, state and/or Township standards.
(h) 
An equipment cleaning area shall be provided on site. All equipment used to grade and compact solid waste at the landfill shall be cleaned daily. Runoff from the equipment cleaning area shall be controlled and disposed of in accordance with all pertinent federal, state and/or Township standards.
(i) 
Access to the site shall be limited to those posted times when an attendant is on duty. Unloading of waste shall be continuously supervised. In order to protect against indiscriminate and unauthorized dumping, every solid waste landfill shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations. Such barricade, fence or gate shall be at least eight feet high and shall be kept in good repair and neatly painted in a uniform color.
(j) 
No site activity shall be permitted on Sundays or legal holidays. Dumping shall be permitted only between the hours of 7:30 a.m. and 5:30 p.m. No vehicles shall be staged or parked at entrance and/or access road of the landfill prior to 6:30 a.m. Overnight parking shall be prohibited.
(k) 
Measures shall be provided to control dust and debris. The entire area shall be kept clean and orderly. The perimeter of the landfill shall be inspected for debris on a daily basis.
(l) 
Hazardous, contaminated and/or toxic materials, including but not limited to highly flammable materials, explosives, pathological wastes, and radioactive materials, shall not be disposed of in a solid waste landfill.
(m) 
The disposal of sewage liquids and solids and other liquids shall be specifically prohibited in a solid waste landfill.
(n) 
Salvaging of materials as permitted by law shall be conducted by the operator only and shall be organized so that it will not interfere with prompt sanitary disposal of waste or create unsightly conditions or health hazards. The storage of salvage shall be controlled in a manner that will not permit the inhabitation or reproduction of deleterious vectors.
(o) 
The entire site, including the fill surface, shall be graded and provided with drainage facilities to minimize runoff onto and into the fill, to prevent erosion or washing of the fill, to drain off rainwater falling onto the fill, and to prevent the collection of standing water. The operator shall comply with the requirements of Chapter 75 and Chapter 102 of Title 25 of the Pennsylvania Code and applicable Township ordinances so that there is no adverse off-site impact from the drainage of surface water. Cracks in, depressions in, and/or erosion of cover shall be repaired daily.
(p) 
Operation of any solid waste landfill shall at all times be in full compliance with the Pennsylvania Clean Streams Law, Act 157 of 1980,[1] as amended.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
(q) 
An operation permit shall be obtained on an annual basis.
(r) 
A final inspection of the entire site shall be made by the Department of Environmental Protection and the Township and their authorized representative to determine compliance with approved plans and specifications before the earthmoving equipment is removed from the site. Any necessary corrective work shall be performed before the solid waste landfill project is accepted as completed. Arrangements shall be made for the repair of all cracked, eroded and uneven areas in the final cover during the first two years following completion of the solid waste landfill. A bond shall be posted to ensure that all corrective work is completed.
(s) 
The initial application for a solid waste landfill shall be accompanied by impact statements. A plan for the reuse of the land shall be submitted, in writing, to the Maidencreek Township Board of Supervisors at the time of securing a permit for a landfill operated by the municipal authority. The plan shall be in compliance with the prevailing zoning at time of application.
(t) 
Maximum active dumping area shall be three acres. Continued operation of the landfill shall be subject to compliance with all state and Township regulations pertaining to landfill.
(u) 
No operation, activity, use, or occupation of any type for the landfill shall be carried on within 100 feet of any property line and/or within 100 feet of any street right-of-way. In addition, a landfill shall not be located within 300 feet of any residential zoning district or occupied residential dwelling unit.
(v) 
The storage of fuel to be used on the landfill site shall be in accordance with all applicable federal, state and Township regulations.
(w) 
A chain-link fence with a minimum height of 15 feet shall be erected along all boundary lines of the area which is approved for operational use as a sanitary landfill by the Pennsylvania Department of Environmental Protection. The fence shall not contain openings greater than four square inches and shall contain, at all entrances, gates which are locked except during operating hours, when an adult attendant shall be on the premises.
(x) 
A fifty-foot-wide buffer yard shall completely surround all areas approved for operational use as a sanitary landfill by the Pennsylvania Department of Environmental Protection. The buffer yard shall consist of a dense evergreen screen and is to be located and maintained along all boundary lines of the landfill, outside of the required fence, except at the entrances. The selected evergreens shall have a minimum height of 12 feet and shall be staggered on twelve-foot centers. No materials of any nature shall be stored within this buffer yard. In addition, the buffer yard shall meet all pertinent standards specified under § 220-64 of this chapter. A landscaping plan shall be submitted to the governing body for review and approval.
(y) 
The landfill shall contain an on-site scale, and all solid waste material delivered to the site shall be weighed and recorded pursuant to the Pennsylvania Solid Waste Management Act (Act 101, as amended).[2] All weigh receipts shall be submitted to the Township on a quarterly basis.
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
B. 
Resource recovery facilities.
(1) 
If a special exception is granted, then the applicant is subject to all conditions, standards and controls listed below:
(a) 
The minimum lot size shall be 10 acres.
(b) 
Parking areas shall be a minimum of 100 feet from any property line.
(c) 
Operation of a resource recovery facility shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania and the rules and regulations of the Department of Environmental Protection (PADEP) and the provisions of this chapter. In the event that any of the provisions of this chapter are less restrictive than any present or future rules or regulations of PADEP, the more restrictive PADEP regulations shall supersede and control.
(d) 
Gaseous and particulate emission from the resource recovery facility site shall conform to the prevailing federal, state and local air pollution control codes and regulations.
(e) 
Direct access shall be taken from an arterial or collector highway. No more than one access road shall be constructed to the entrance of the resource recovery facility. The access road shall be an all-weather paved surface road negotiable by and capable of supporting loaded solid waste collection vehicles. All existing public roads shall be kept mud-free.
(f) 
A tire cleaning area shall be provided on site. All tires of all trucks leaving the resource recovery facility shall be cleaned. Runoff from the tire cleaning area shall be controlled and disposed of in accordance with all pertinent federal, state and/or Township standards.
(g) 
An equipment cleaning area shall be provided on site. All equipment used to grade and compact solid waste at the resource recovery facility shall be cleaned daily. Runoff from the equipment cleaning area shall be controlled and disposed of in accordance with all pertinent federal, state and/or Township standards.
(h) 
Access to the site shall be limited to those posted times when an attendant is on duty. Unloading of waste shall be continuously supervised. In order to protect against indiscriminate and unauthorized dumping, every resource recovery facility shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations. Such barricade, fence or gate shall be at least six feet high and shall be kept in good repair and neatly painted in a uniform color.
(i) 
No site activity shall be permitted on Sundays or legal holidays. Dumping shall be permitted only between the hours of 7:30 a.m. and 5:30 p.m. No vehicles shall be staged or parked at entrance and/or access road of the resource recovery facility prior to 6:30 a.m. Overnight parking shall be prohibited.
(j) 
Measures shall be provided to control dust and debris. The entire area shall be kept clean and orderly. The perimeter of the resource recovery facility shall be inspected for debris on a daily basis.
(k) 
Fuel tanks and batteries shall be removed from all motor vehicles to be recycled within 24 hours of their arrival on the premises and shall either be immediately removed from the premises and disposed of in an acceptable manner, or temporarily stored on the premises in an approved hazardous waste storage container or facility.
(l) 
Hazardous, contaminated and/or toxic materials, including but not limited to highly flammable materials, explosives, pathological wastes, and radioactive materials, shall not be disposed of at the resource recovery facility.
(m) 
The disposal of sewage liquids and solids and other liquids shall be specifically prohibited at the resource recovery facility.
(n) 
All parts of the process-unloading, handling and storage of municipal solid waste shall occur within a building. However, certain separated recyclable materials such as glass, aluminum, and other metals may be stored outdoors. The storage of paper shall be within a building. Any materials stored outdoors shall be properly screened so as not to be visible from any adjacent streets or property. No material shall be placed or deposited to a height greater than the height of the fence or wall herein prescribed.
(o) 
No municipal solid waste prior to segregation shall be stored at a resource recovery facility for more than 72 hours.
(p) 
A contingency plan for disposal of municipal solid waste during a plant shutdown must be submitted to the municipality and approved by the Board of Supervisors.
(q) 
Waste from the resource recovery facility process (such as but not limited to ash from an incinerator) shall be stored in such a manner as to prevent it from being carried from the site by wind or water. This process waste shall be located at least 200 feet from any property line and stored in leak proof containers. Such process waste shall be disposed of in a sanitary resource recovery facility approved by PADEP or in another manner approved by PADEP.
(r) 
Solid waste landfill operations and open burning of any materials are not permitted under this use.
(s) 
No use shall emit noise in such quantity as to be audible beyond its lot lines. In addition, the nuisance standards (§ 220-63) of this article shall be met.
(t) 
An operational permit shall be renewed on an annual basis.
(u) 
No operation, activity, use, or occupation of any type for a resource recovery facility shall be carried on within 200 feet of any property line and/or within 200 feet of any street right-of-way. In addition, a resource recovery facility shall not be located within 300 feet of any residential zoning district or occupied residential dwelling unit.
(v) 
A resource recovery facility shall be under the direction at all times of a responsible individual who is qualified by experience or training to operate such a facility.
(w) 
The storage of fuel to be used at the resource recovery facility site shall be in accordance with all applicable federal, state and Township regulations.
(x) 
A chain-link fence with a minimum height of 15 feet shall be erected along all boundary lines of the area which is approved for operational use as a resource recovery facility by the Pennsylvania Department of Environmental Protection. The fence shall not contain openings greater than four square inches and shall contain, at all entrances, gates which are locked except during operating hours, when an adult attendant shall be on the premises.
(y) 
A fifty-foot-wide buffer yard shall completely surround all areas approved for operational use as a resource recovery facility by the Pennsylvania Department of Environmental Protection. The buffer yard shall consist of a dense evergreen screen and is to be located and maintained along all boundary lines of the resource recovery facility outside of the required fence, except at the entrances. The selected evergreens shall have a minimum height of six feet and shall be staggered on ten-foot centers. No materials of any nature shall be stored within this buffer yard. In addition, the buffer yard shall meet all pertinent standards specified under § 220-64 of this chapter. A landscaping plan shall be submitted to the governing body for review and approval.
(z) 
The resource recovery facility shall contain an on-site scale, and all solid waste material delivered to the site shall be weighed and recorded pursuant to the Pennsylvania Solid Waste Management Act (Act 101, as amended).[3] All weigh receipts shall be submitted to the Township on a quarterly basis.
[3]
Editor's Note: See 35 P.S. § 6018.101 et seq.
C. 
Low-level radioactive waste/medical waste disposal facilities.
(1) 
For the purposes of this chapter, a "low-level radioactive waste facility" or a "medical waste disposal facility" shall be defined as a site in which engineering principles are utilized for the disposal of low-level radioactive waste as defined by the United States Environmental Protection Agency and by the Pennsylvania Department of Environmental Protection.
(2) 
If a special exception is granted to permit a low-level radioactive waste/medical waste disposal facility, the applicant and/or the developer for the site shall be subject to all standards and requirements which are specified by the U.S. Environmental Protection Agency, by the Pennsylvania Department of Environmental Protection, and by such other governmental bodies and agencies that may have jurisdiction.
(3) 
If a special exception is granted to permit a low-level radioactive waste/medical waste disposal facility, the applicant and/or the developer of the site shall be subject to all standards and requirements which are specified under Title 25, Chapters 236 and 237, of the Pennsylvania Code, as amended.
(4) 
If a special exception is granted to permit a low-level radioactive waste/medical waste disposal facility, the applicant and/or the developer of the site shall be subject to all standards and requirements which are specified under § 220-67A of this chapter.
(5) 
A land development plan must be submitted to Maidencreek Township for review and comment. The land development plan should demonstrate complete conformity with the requirements specified under this section of this chapter. Upon approval, the land development plan must be recorded in accordance with the provisions stipulated by Maidencreek Township.
A. 
Development and design standards.
(1) 
Eligibility.
(a) 
Mobile home parks are permitted by special exception in the R-4 Multifamily Residential Zoning District, subject to the approval of the Zoning Hearing Board in accordance with § 220-118 of this chapter.
(b) 
The mobile home park shall consist of a minimum contiguous land area of 10 acres. The land area under consideration should not include any portion of land located within the street right-of-way and land that has been previously developed. The area shall be considered contiguous if it is divided by an existing street not exceeding 60 feet in ultimate right-of-way.
(c) 
The mobile home park shall be served by a public or community water supply system and sewage disposal system, approved by the appropriate local and state agencies, and shall be constructed and certified operational by the appropriate authorities before the occupancy permits are issued.
(d) 
A minimum of 10% of the net area of the mobile home park shall be set aside as common open space. The location, character, management and utilization of the common open space shall comply with all applicable specifications concerning open space.
(2) 
Design standards.
(a) 
The mobile home park shall be designed with regard to the topographic and natural features of the site. All natural features (lakes, streams, topsoil, knolls, basins, trees and shrubs) should be preserved and incorporated into the final landscaping whenever possible and desirable. The finished topography shall adequately facilitate the mobile home park without excessive earthmoving and neglect for the natural amenities.
(b) 
The mobile home park shall not exceed four dwelling units per gross acre.
(c) 
The following maximum and minimum dimensional requirements shall apply to the mobile home parks and to the type of mobile home:
Minimum Regulations
Single-Wide Units Less Than 61 Feet
Single-Wide Units Greater Than 61 Feet
Double-Wide Units
Lot area
5,000 square feet
5,500 square feet
10,000 square feet
Lot width
50 feet
50 feet
70 feet
Building setback
Interior streets*
20 feet
20 feet
20 feet
Exterior streets
100 feet
100 feet
100 feet
Rear yard
15 feet
15 feet
15 feet
Side yard (each)
10 feet
10 feet
10 feet
Lot coverage
30%
30%
30%
Woodland extraction
60%
60%
60%
NOTES:
*
Denotes that the design standards and specifications of § 220-61, Parking and truck loading requirements, of this chapter will apply to the twenty-foot building setback if it is to be used for vehicular parking purposes.
(d) 
In addition to the bulk regulations listed above, the following provisions shall apply:
[1] 
No mobile home, accessory structure or common open space shall be located closer than 100 feet to the ultimate right-of-way of abutting public streets and 50 feet to the rear or side property lines;
[2] 
No more than one mobile home shall be placed on a mobile home lot, and such mobile home shall be occupied by not more than a single family.
(3) 
Development standards.
(a) 
The mobile home park shall provide an evergreen planting screen along the property line at the periphery of the development to protect the privacy of adjacent residents.
(b) 
No part of a mobile home park shall be used for nonresidential purposes, except common open space shall be used for the pleasure and recreation of the park residents, an office may be used for the park management, necessary utility structures, common laundry facilities, and necessary buildings for the storage of maintenance equipment.
(c) 
There shall be at least one street in the park which is circumferential and from which lesser streets shall turn out so as to provide direct access to each lot and to each common open space of the tract. All streets shall be designed and constructed to all applicable Township specifications.
(d) 
All entrances shall conform to the standards of the Pennsylvania Department of Transportation and, when the entrance is from a state road, shall be approved by it. When the entrance is from a Township road, it shall be approved by the Township Engineer. The entrances shall take into account the traffic on the public street and that to be generated by the park residents. Acceleration and deceleration lanes may be required as well as two-lane entrances and two-lane exits.
(e) 
A minimum of two off-street parking spaces measuring 10 feet by 20 feet shall be provided for each mobile home lot with an additional one off-street parking space per units being provided as well. No on-street parking shall be permitted within the park.
(f) 
Each mobile home space shall be provided with a hard-surfaced mobile home stand providing a foundation wall and/or footing that will not heave, shift, settle or move due to frost action, inadequate drainage, vibration or other forces.
(g) 
All mobile homes shall be located, erected and anchored in accordance with all applicable standards and provisions specified in the Maidencreek Township Building Code and/or the manufacturers' specifications.
(h) 
Each mobile home stand shall be equipped with utility connections. For reasons of safety, the space between the mobile home stand and mobile home floor shall be permanently enclosed to prevent unauthorized entry and to conceal all supports and utility connections. Each stand shall be located at such elevation, distance and angle in relation to the access street and mobile home accessory that the placement and removal of the mobile home is practical.
(i) 
The area between the ground level and the perimeter of the mobile home shall be enclosed by means of a suitable skirting.
(j) 
Every mobile home and open space areas shall have access to an improved street in the mobile home park in accordance with Maidencreek Township Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 190, Subdivision and Land Development.
(k) 
Developers of mobile home parks will be required to comply with applicable parts of Maidencreek Township, Subdivision and Land Development Ordinance,[2] and the Building Code of Maidencreek Township, except as follows. No mobile home shall be permitted in the mobile home park which fails to meet the standards of the Building Code of Maidencreek Township and which does not bear the seal of the Department of Housing and Urban Development (HUD). In case regulations herein described conflict with those of the Building Code of Maidencreek Township, these regulations shall govern.
[2]
Editor's Note: See Ch. 190, Subdivision and Land Development.
(l) 
The mobile home park shall have a central water supply and distribution system. The system shall conform with the "Standards for Mobile Home Parks" publication of the National Fire Protection Association (NFPA), and any other applicable codes adopted by the Township. The water system shall provide for fire protection in mobile home parks of over 25 units.
(m) 
Mobile home parks may be used only where municipally or community operated sewer and water services are available. Individual lateral connections to the street sewer and to the mobile home shall conform to applicable Township and state regulations.
(n) 
The electrical distribution system shall be underground and shall conform to the National Fire Protection Association (NFPA) Standards for Mobile Home Parks and any other applicable codes. Each mobile home shall have not less than one-hundred-amp service.
(o) 
If the mobile home park is to have gas service to the homes, the same shall have to conform to applicable NFPA regulations and any other applicable codes.
(p) 
All streets in the park shall be illuminated at a minimum level of 0.6 footcandle; service to light standards shall be underground.
(q) 
Telephone lines shall be underground. There shall be a central television antenna system with underground service to each mobile home.
(r) 
Except for paved areas, areas beneath mobile homes, and cultivated areas, all ground shall be planted and maintained in grass. The grass shall be cut regularly. No weeds or wild growth except for native trees shall be permitted anywhere in the park. All landscaping shall be in conformance with § 220-64, Landscaping, of this chapter.
(s) 
Exterior storage areas for refuse stations shall be properly screened. All containers shall be airtight and verminproof and have adequate storage capacity to accommodate the projected volumes of solid waste. The park shall have a solid waste management plan in accordance with all applicable Township standards.
(t) 
The park shall have a plan for stormwater management in accordance with all applicable Township regulations governing stormwater management.
(u) 
The park shall have a plan for erosion and sediment control in accordance with all specifications set forth by PADEP and the County Conservation District.
(v) 
Mobile home parks of 25 units or more shall employ the services of a qualified manager. The manager shall reside at the mobile home park and shall be responsible for the operation and maintenance of the park.
(w) 
The developer of the mobile home park shall make arrangements, in a form satisfactory with the Township Solicitor, which shall ensure that the common open space shall continue to be adequately managed and maintained.
B. 
Administration.
(1) 
The park shall furnish the Township a list of tenants of the park. Any change in tenancy shall be reported to the Township within one week. The Board of Supervisors shall have the power to inspect the park register containing a record of all residents of the mobile home park at any reasonable time.
(2) 
All applications to the Township for a mobile home park shall be subject to all applicable review procedures for subdivision and land development and shall be subject to the appropriate fees established by resolution by the Township Board of Supervisors.
A. 
Motor vehicle service/fuel stations and drive-in/drive-through establishments are permitted in the SIA Special Intensified Activities District, the C-1 Local Commercial District, and the C-2 Regional Commercial District as a use by special exception subject to the conditions of this section and with the approval of the Zoning Hearing Board.
B. 
When located in a shopping center, said establishment(s) shall utilize the existing or planned access points of the center to the public road network. Also, such establishments shall be located and configured so as not to interfere with the internal circulation system of the shopping center. Separate, clearly defined parking facilities shall be provided distinct from vehicle stacking area(s).
C. 
Fuel pump setback from ultimate right-of-way line to fuel pump island shall be a minimum of 30 feet and a minimum setback distance from the edge of canopy to the edge of the ultimate right-of-way shall be a minimum distance of 20 feet.
D. 
Drive-through establishments shall be designed to provide for adequate vehicle stacking lanes for the drive-through service in question in a manner which will not hinder vehicular flow within the site nor cause congestion at the driveway entrances to the property. Vehicular stacking spaces shall not count as part of the required off-street parking requirement for a particular use.
Multifamily residential developments are permitted in the R-3 Village-Density Residential District, the R-4 Multifamily Residential District, and the CR Commercial-Residential District by right and in the R-2a High-Density Residential District by special exception when in compliance with the following regulations. All such developments shall have direct access to a major street or a collector street.
A. 
Area and bulk regulations.
(1) 
Maximum gross density: six units/acre.
(2) 
Minimum lot area (total development): three acres.
(3) 
Minimum lot width at street line: 250 feet.
(4) 
Minimum lot width at building line: 250 feet.
(5) 
Minimum front yard: 50 feet.
(6) 
Minimum side yard (each side) and rear yard: 50 feet.
(7) 
Maximum extent of impervious surface: 45%.
(8) 
Maximum building height: 40 feet, but not more than three stories.
(9) 
Minimum common open space: 0.25 square feet per 1.00 square feet gross floor area.
B. 
Arrangement and orientation of structures.
(1) 
Density, floor area and distance.
(a) 
Maximum net density: 10 units/acre.
(b) 
Minimum floor area per dwelling unit:
[1] 
Townhouse: 1,000 square feet.
[2] 
One-bedroom/studio apartment: 620 square feet.
[3] 
Two-bedroom apartment: 730 square feet.
(c) 
Minimum distances between structures:
[1] 
Between facing fronts (facades): 100 feet.
[2] 
Between facing rear walls: 80 feet.
[3] 
Front (facade) facing side wall or rear wall: 80 feet.
[4] 
All other: 50 feet.
(2) 
Walls shall be deemed "facing" where they are within 30° of parallel and no intervening buildings are taller than 10 feet.
C. 
Design regulations.
(1) 
No structure containing townhouse units may contain more than six such units. Minimum width of townhouse units shall be 24 feet.
(2) 
Within a townhouse structure, no more than two consecutive townhouse units shall have the same setback. Variation in setback shall be at least four feet.
(3) 
Required common open space shall be appropriate for recreational uses. Such space shall be designed for use by the residents of the development, shall be improved and equipped by the developer in accordance with plans submitted and approved by the Township Planning Commission, and shall include such deed restrictions and other provisions so as to clarify the ownership of such facilities and to assure their perpetual maintenance, assigning such charges as may be necessary.
(4) 
Yard areas separating structures from parking areas (other than on-lot parking spaces for an individual townhouse unit) shall have a minimum width of 30 feet.
(5) 
The front building line of no more than two adjacent townhouse building groups may be on the same plane. All other buildings must have the front building line either on an arc or offset from adjacent buildings by at least five feet.
D. 
Parking facilities. Vehicular access shall be provided for each townhouse unit. The required parking shall be provided either on the lot, in a carport, as an integral part of the unit, or in a joint parking facility for a group of townhouses with such deed restrictions and cross-easements as necessary to assure access and maintenance of such facility. Vehicular access to the townhouse lot can be either from the front or rear. Use of rear "alley" access to the units will require the establishment of the before mentioned cross-easements or establishment of a homeowners association.
(1) 
Parking spaces shall be provided as required by § 220-61E(4)(a) of this chapter.
(2) 
Common parking areas (lots) accessing public streets shall be set back from property lines (or street right-of-way lines, whichever is greater) a minimum distance of 15 feet.
(3) 
Access roads within the development shall be separated from all structures by not less than 15 feet.
(4) 
Parking lots shall be configured and located such that vehicles shall not reverse onto a public street.
(5) 
For a common parking lot, the point of access to the public street network, the access roads within the development shall have a minimum width of 24 feet and a maximum width of 30 feet.
(6) 
Dead-end parking lots shall be designed and constructed with backup areas for the end stalls.
(7) 
All access roads and parking areas shall be permanently paved with a dust-free surface in accordance with Chapter 190, Subdivision and Land Development.
(8) 
Points of ingress and egress shall be configured and located such that vehicles entering or leaving the site shall not be obstructed by other vehicles pulling into or out of parking spaces.
(9) 
Common parking lots shall be landscaped in accordance with the provisions of Chapter 190, Subdivision and Land Development.
(10) 
When townhouse units are provided with attached garages, 80% of the end unit garages shall be side-entry. Any side-entry garage units shall have a backup area for the driveway.
(11) 
Driveways for garage units should be of sufficient length (minimum of 30 feet) to permit the parking of a vehicle in the driveway outside of the right-of-way of any public street, and in the case of private streets serving a townhouse development, the vehicles cannot block or encroach into any required sidewalks.
(12) 
Private roads may be developed to service a townhouse development; however, adequate provision must be made for the provision of sidewalks or pedestrian pathways to provide for safe access to the public streets to access school bus pick-up points.
E. 
Permitted accessory uses. The following uses and facilities are permitted by right as accessory to a multifamily residential development:
(1) 
Coin-operated washing and drying machines and vending machines dispensing beverages or cigarettes, provided that such machines are centrally located in an enclosed structure with access limited to residents of the development;
(2) 
Parking areas and/or garages for the use of residents and visitors;
(3) 
Recreational facilities, as may be recommended by the Township Parks and Recreation Board;
(4) 
One administrative office for the use the person or entity charged with managing the development; and
(5) 
One sample unit for public display.
F. 
Water supply and sewage disposal.
(1) 
Connection to public water supply or a community well serving the entire development is not required.
(2) 
A community sanitary sewage disposal system shall be provided to serve the entire development. Such system shall be in conformance with all applicable regulations of the Pennsylvania Department of Environmental Protection and shall be approved by the Township Sewage Enforcement Officer. Alternately, connection may be made to an existing public or community system, provided that the developer of the multifamily project has a written, notarized statement from the operator of said system, indicating the ability of the system to treat safely the estimated additional sewage and the willingness of the operator to provide such service.
G. 
Landscaping. Screen planting shall be required in accordance with § 220-64B(2) of this chapter. Other landscaping shall be provided in accordance with the provisions of Chapter 190, Subdivision and Land Development.
H. 
Lighting. Lighting for buildings, accessways, and parking areas shall be so arranged as not to reflect toward public streets or residential structures either within the development or upon nearby properties.
I. 
Storage of trash and rubbish.
(1) 
All trash and rubbish shall be kept in airtight, verminproof containers.
(2) 
One accessory building may be erected for each multifamily residential structure for the storage of trash and rubbish containers. Interior storage areas for trash and rubbish shall at all times be kept in an orderly and sanitary fashion. For townhouse developments, trash storage shall be provided internal to the unit or in an enclosed porch or storage area.
(3) 
Exterior storage areas for trash and rubbish containers shall be adequately screened by landscaping and or fencing as described in § 220-64 of this chapter.
J. 
Site plan review and approval. All multifamily residential developments are either a land development or, where the units are held in fee-simple ownership by the residents, a subdivision. The approval such development is therefore governed by the regulations of Chapter 190, Subdivision and Land Development. No zoning permit shall be issued for a multifamily residential development unless and until the owner or developer thereof has complied with all the provisions of that ordinance and has received final approval for the development under the provisions thereof.
K. 
Construction. All structures shall conform with the building regulations established by the State Department of Labor and Industry as well as all federal and municipal building regulations. Where there are conflicting regulations, the more restrictive shall apply.
Planned residential developments (PRDs) are permitted in the R-2 Moderate-Density Residential District, the R-3 Village-Density Residential District, and the R-4 Multifamily Residential District, by special exception subject to the following conditions and with the approval of the Zoning Hearing Board.
A. 
Purposes. Planned residential developments (PRDs) are to be accommodated in order to achieve the following purposes:
(1) 
To encourage innovation in residential development so that the growing demand for housing may be met by greater variety in type, design, and layout of dwelling, and by the conservation and efficient use of open space auxiliary to said dwellings;
(2) 
To encourage a more efficient use of land and of public services, reflecting changes in the technology of land development so that economies secured may inure to the benefit of those who need homes;
(3) 
To provide a procedure which can relate the type, design, and layout of residential development to the particular demand for housing existing at the time of development in a manner consistent with the preservation of property values within existing residential areas; and
(4) 
To ensure that the increased flexibility of regulations governing land development is administered under such standards and procedures as shall encourage the disposition of proposals for PRD without undue delay.
B. 
Uses permitted within PRDs.
(1) 
Residential uses.
(a) 
Single-family detached dwellings.
(b) 
Single-family semidetached dwellings.
(c) 
Townhouses.
(d) 
Apartments.
(e) 
Recreational areas, including common open space and parks, both public and private, and recreational facilities such as walkways or trails, swimming pools, tennis courts, and similar improvements.
(2) 
Nonresidential uses.
(a) 
Commercial facilities of a type and scale to serve the needs of the residents of the PRD; however, the use of such facilities shall not be restricted to such private use. Such uses shall be limited to uses to service the needs of the PRD residents and be subordinate to the residential use. Such uses may include convenience stores, drugstores, hair stylists, laundromats, dry cleaners, liquor stores, card and gift shops, and banks.
(b) 
Professional offices for architect, attorney, broker, dentist, psychiatrist, psychologist, physician, realtor, or similar occupations.
(c) 
Institutional uses including and limited to municipal uses, houses of worship, public or private schools, day-care centers, and facilities for providers of emergency services such as police, fire protection, and ambulance services.
(d) 
Model home(s) or unit(s) for marketing the PRD.
(3) 
Uses clearly accessory to any of the permitted uses, including and limited to off-street parking facilities, swimming pools, garages, home occupations, storage sheds for maintenance equipment, off-street loading facilities (only as an accessory to a commercial use), and commercial garages necessary for commercial operations within the PRD.
C. 
Area and density requirements.
(1) 
A tract to be developed as a PRD shall have a minimum area of 50 acres, exclusive of public and private rights-of-way, designated wetland areas, and slopes in excess of 25%.
(2) 
The gross residential density of the PRD shall not exceed six dwelling units per acre.
(3) 
The net density of areas developed with multifamily dwellings shall not exceed 10 dwelling units per acre.
(4) 
Single-family detached dwellings.
(a) 
Minimum lot area: 10,000 square feet.
(b) 
Minimum lot width at building line: 80 feet.
(c) 
Minimum front yard: 30 feet.
(d) 
Minimum side yard (each side): 10 feet.
(e) 
Minimum rear yard: 40 feet.
(f) 
Maximum extent of impervious surface: 60%.
(g) 
Maximum building height: 35 feet.
(5) 
Single-family semidetached dwellings.
(a) 
Minimum lot area (per dwelling or unit of use): 5,000 square feet.
(b) 
Minimum lot width at building line: 40 feet.
(c) 
Minimum front yard: 30 feet.
(d) 
Minimum side yard (each side): 10 feet.
(e) 
Minimum rear yard: 40 feet.
(f) 
Maximum extent of impervious surface: 60%.
(g) 
Maximum building height: 35 feet.
(6) 
Townhouses and apartments.
(a) 
Minimum floor area per dwelling unit.
[1] 
One-bedroom apartment: 620 square feet.
[2] 
Two-bedroom apartment: 730 square feet.
[3] 
Townhouse: 1,000 square feet.
(b) 
Minimum distances between structures.
[1] 
Distances.
[a] 
Between facing fronts (facades): 100 feet.
[b] 
Between facing rear walls: 80 feet.
[c] 
Front (facade) facing side wall or rear wall: 80 feet.
[d] 
All other: 50 feet.
[2] 
Walls shall be deemed "facing" where they are within 30° of parallel and no intervening buildings are taller than 10 feet.
(c) 
Standards for individual townhouse units.
[1] 
Minimum lot area: 2,500 square feet.
[2] 
Minimum lot width at building line: 24 feet.
[3] 
Minimum front yard: 30 feet.
[4] 
Minimum rear yard: 40 feet.
[5] 
Maximum extent of impervious surface: 60%.
(d) 
Standards for buildings containing townhouse units or apartments.
[1] 
Maximum building height: 40 feet, but not more than three stories.
[2] 
Maximum building length: 160 feet.
(7) 
Commercial uses.
(a) 
Minimum lot area per unit of use: 10,000 square feet.
(b) 
Minimum front yard: 50 feet.
(c) 
Minimum side yard (each side): 50 feet.
(d) 
Minimum rear yard: 50 feet.
(e) 
Maximum extent of impervious surface: 50%.
(f) 
Maximum building height: 35 feet.
D. 
Allocation of units. A PRD may accommodate any combination of permitted uses which satisfies the following conditions:
Type of Use
Proportion of Lot Area So Used
Single-family detached residence
10% minimum, 30% maximum
Single-family semidetached residence
No minimum, 20% maximum
Townhouses
No minimum, 40% maximum
Apartments
No minimum, 50% maximum
Open space*
30% minimum, no maximum
Commercial
No minimum, 10% maximum
NOTE:
*
At least 50% of the required open space shall be developed as a recreational area.
E. 
Design regulations.
(1) 
PRDs shall be served by a sanitary sewage disposal system, water supply system, storm sewer system, and streetlights conforming to all applicable ordinances and regulations of the state and Township. All such facilities shall be constructed at the expense of the developer and dedicated to the Township upon final approval. The developer shall be required to post financial security to assure the proper operation and maintenance of such facilities in accordance with § 509(1) of the Pennsylvania Municipalities Planning Code[1] and all local regulations appurtenant thereto.
[1]
Editor's Note: See 53 P.S. § 10509.1.
(2) 
When PRD development is proposed for a tract, the design shall include the entire tract.
(3) 
Additional regulations for townhouses.
(a) 
No structure containing townhouse units may contain more than six such units.
(b) 
Within a townhouse structure, no more than two consecutive townhouse units shall have the same setback. Variation in setback shall be at least four feet.
(c) 
No structure containing townhouse units shall lie within 30 feet of any other residential structure.
(d) 
No structure containing townhouse units shall lie within 30 feet of any parking area, public street, or perimeter of the tract.
(e) 
The front building line of no more than two adjacent townhouse building groups may be on the same plane. All other buildings must have the front building line either on an arc or offset from adjacent buildings by at least five feet.
(f) 
When townhouse units are provided with attached garages, 80% of the end unit garages shall be side-entry. Any side-entry garage units shall have a backup area for the driveway.
F. 
PRD approval process.
(1) 
Application for approval of a PRD shall be in full compliance with this chapter, the applicable portions of Chapter 190, Subdivision and Land Development, and Article VII of the Pennsylvania Municipalities Planning Code.
(2) 
Applicants are strongly encouraged to submit a sketch plan (with those data specified by Chapter 190, Subdivision and Land Development) prior to the submission of a plan for tentative approval.
Quarries are permitted in the I Industrial District as a use by special exception subject to the following conditions and with the approval of the Zoning Hearing Board.
A. 
The minimum lot size shall be 10 acres.
B. 
Stone removal, sale of stone products or the manufacturing of concrete or asphalt shall not be conducted within 25 feet of any property line, within 25 feet of any street right-of-way, within 25 feet of any residential zoning district, and/or within 400 feet of any preexisting occupied residential dwelling unit, unless the quarry can provide the Township with written waivers from the property owners permitting the quarry to conduct quarrying and/or mining activities within less than 400 feet of any preexisting occupied residential dwelling.
C. 
Except for gated access for fire, police or maintenance (of utilities fencing, trees and berms only), there shall be no entrance or exit to a state or Township road for quarry or related activities permitted within the Township.
D. 
Quarried areas, including abandoned sections and planned expansion areas, shall be fenced with a six-foot-high chain-link fence around the perimeter to assure public safety. Evergreens shall be planted as a vegetative screen outside of the fenced area and on the outer slope of any berm erected by the quarry outside of the fenced area.
E. 
Access roads to quarries shall have a minimum paved width of 24 feet and shall be constructed and paved to such standards as may be required by the Township to secure to the public a surface quality and durability equivalent to those roads which are not used by quarry vehicles.
F. 
Quarry access roads shall connect with a collector or arterial road and shall avoid residential neighborhoods.
G. 
As part of the approval process, the party proposing quarry operations shall submit plans for the reuse of the quarry site after the cessation of extractive activities.
H. 
The Township shall have the right to charge the quarry operator an annual fee as may be necessary to defray municipal administrative costs directly related to the oversight of the quarry operations.
I. 
No site activity shall be permitted on Sundays or legal holidays. All operations shall be permitted only between the hours of 5:30 a.m. and 10:00 p.m. Monday through Friday; and 5:30 a.m. to 2:00 p.m. on Saturdays. No vehicles shall be staged or parked at the entrance and/or access road of the site prior to 5:00 a.m. Nothing in this provision shall be interpreted to eliminate compliance with the Township Noise Ordinance, Chapter 133, or other applicable regulations.
J. 
Measures shall be provided to control dust and debris as provided by PADEP regulations. The entire area shall be kept clean and orderly as provided by PADEP regulations.
K. 
Blasting shall be permitted between the hours of 10:00 a.m. and 4:00 p.m. Monday through Friday. Prior notice of all blasting operations shall be given to the Township and within two hours but not less than 30 minutes to the occupants of all properties within a radius of 1,500 feet of the location of blasting who have previously requested such notice in writing.
L. 
All requirements of federal, state and municipal statutes, ordinances and regulations pertaining to the operation of quarrying and mining operations shall be complied with. A copy of all submissions, permits and licenses to or from PADEP and BSM shall be filed with the Township.
M. 
Groundwater monitoring wells. The landowner shall install groundwater monitoring wells at a distance of approximately every 1,200 feet along the perimeter of the area to be quarried, except that where the limits of the area to be quarried coincide with the boundary of another municipality said wells shall be located as proximate to the zoning district boundary as reasonably possible. The landowner shall sample said monitoring wells at least once each quarter, having prior to that time given to the Township a minimum of 48 hours' notice of the time of sampling in order to permit a designated official of the Township to be present at the time of said sampling. Results of said sampling shall be supplied to the Township promptly upon receipt. Should the landowner affect by surface mining activities a public or private water supply by contamination or interruption, the landowner shall restore or replace the affected water supply with an alternate source of water, adequate in quantity and quality for the purpose served by the supply and shall file with PADEP proof of insurance or bond, sufficient under PADEP rules and regulations, to affect such restoration or replacement. The required monitoring wells shall be placed, utilizing the landowner's forces, within one year after commencement of mining activities. Precise location of said wells shall be established following consultation with the Township's Engineer.
The sale of automobiles, trucks, mobile homes and similar activities are permitted in the C-1 Local Commercial District as a use by right subject to the following conditions:
A. 
Parking areas shall be designed such that vehicles will not reverse into any public street.
B. 
No goods, materials, or equipment for sale or display shall be within 10 feet of the street right-of-way or within a street or driveway clear sight triangle.
C. 
All goods, materials, and equipment which is stored or displayed out of doors shall be arranged in an orderly manner to permit access to structures by emergency service vehicles, including fire, ambulance, and police vehicles.
D. 
Outdoor storage areas (as distinct from outdoor display or sales areas) shall be provided with a screen planting to prevent view of such areas from adjacent and nearby residential properties and public streets.
Shopping centers shall be in single ownership or under single management and shall consist of a harmonious selection of uses and buildings (or groups of buildings), service and parking areas, and open spaces, and shall be subject to the regulations of this section.
A. 
Uses permitted within shopping centers.
(1) 
Uses permitted by right.
(a) 
Stores for the retail sale of goods or services, including services clearly incidental to retail sales activities.
(b) 
Financial services and offices.
(c) 
Business and professional offices.
(d) 
Eating and drinking establishments.
(e) 
Uses customarily accessory to the above uses, including parking areas in conformance with § 220-61 of this chapter, and signs in conformance with § 220-62 of this chapter.
(2) 
Uses permitted by special exception.
(a) 
Motor vehicle service stations.
(b) 
Drive-in/drive-through establishments in conformance with § 220-69 of this chapter.
B. 
Area and bulk regulations. A tract to be developed as a shopping center shall satisfy the following requirements.
(1) 
Minimum lot area: five acres.
(2) 
Minimum lot width at street line: 250 feet.
(3) 
Minimum lot width at building line: 250 feet.
(4) 
Minimum setback from street right-of-way: 200 feet.
(5) 
Minimum side yard (each side): 100 feet.
(6) 
Minimum rear yard: 100 feet.
(7) 
Maximum extent of impervious surface: 55%.
(8) 
Maximum building height: 35 feet.
(9) 
Improvements setback: 15 feet.
C. 
Design requirements.
(1) 
All points of ingress and egress from the shopping center to any public street shall be located not less than 200 feet from any other intersecting street or streets and shall be designed to control traffic in a safe manner. The developer of the shopping center shall be responsible for the purchase and installation of traffic control devices as may be required by the Pennsylvania Department of Transportation and the Township.
(2) 
Interior access drives shall be designed so that vehicles entering or leaving the site shall not be obstructed by vehicles pulling into or out of a parking space.
(3) 
Areas for the loading and/or unloading of service or delivery vehicles shall be of adequate size and shall be so arranged that they may be used without blocking or interfering with the interior circulation system.
(4) 
Provisions shall be made for safe pedestrian circulation through the parking area(s).
(5) 
Where shopping carts are provided by a commercial use for use by the customer, clearly defined areas on the site for the storage of said carts shall be provided.
(6) 
Parking spaces and loading areas shall be provided in conformance with § 220-61 of this chapter. Parking areas are permitted within the required yard areas up to a point 25 feet from a street right-of-way line or a side or rear lot line.
(7) 
Lighting for buildings, signs, accessways, and parking areas shall be arranged such that it will not reflect onto or shine directly upon public streets or surrounding properties.
(8) 
Storage areas for trash and rubbish shall be provided with a screen planting. All organic waste shall be contained in airtight, verminproof containers. No such storage area shall be permitted within a required yard area.
(9) 
The perimeter of the shopping center shall be provided with a screen planting in accordance with § 220-64 of this chapter. The use of landscaped berms are encouraged to soften visual impact.
D. 
Site plan review and approval. Shopping centers are defined as a type of land development. Therefore, the approval process for a shopping center shall be in accordance with the regulations of Chapter 190, Subdivision and Land Development. No zoning permit shall be issued for a shopping center unless and until the owner or developer thereof has complied with all the provisions of that ordinance and has received final approval for the development under the provisions thereof.
A. 
Insofar as is permitted by lot depth, new structures for human use or occupancy shall be set back from the center line of U.S. Route 222 (SR O222) a minimum of 100 feet. This requirement shall supersede and be in lieu of the front yard setback required by the applicable zoning district.
B. 
This regulation shall not apply to lots which, at the effective date of this chapter, had their rearmost property line less than 150 feet from the center line of U.S. Route 222 (SR O222). In such cases, the front yard setback required by the applicable zoning district shall be in effect. Unless a greater distance is prescribed in the applicable zoning district, an improvement setback of 20 feet is required.
C. 
This regulation shall not apply to additions to structures existing at the effective date of this chapter; however, no addition to an existing structure shall extend or be located closer to the road than the existing portion of such structure.
A. 
Age-restricted residential developments are permitted in the R-2 Moderate-Density Residential District, the R-4 Multifamily Residential District and C-1 Local Commercial District as a conditional use. Age-restricted residential developments are to be accommodated in order to achieve the following purposes:
(1) 
One resident of each unit within an age-restricted residential development shall be at least 55 years of age or older or shall be a person defined as "elderly" by the United States of America or the Commonwealth of Pennsylvania in connection with and for purposes of housing.
(2) 
Each community shall be built as a single legal entity and shall be retained in single ownership. Fee simple absolute sale of units shall be prohibited. All common facilities to support the needs of the residents of the community shall remain under a single ownership.
(3) 
To encourage the development of a community to service senior citizens and provide a more efficient use of land and space to service the senior community.
(4) 
To provide for passive recreational activities for the residents of age-restricted residential development in both exterior and interior spaces.
(5) 
To encourage innovation in age-restricted residential developments so the growing demand for housing may be met by a greater variety in type, design and layout of dwellings and by the conversion and efficient use of open space auxiliary to said units.
B. 
Uses permitted within age-restricted residential development.
(1) 
Residential uses.
(a) 
Single-family semidetached dwelling.
(b) 
One- or two-story townhouses.
(c) 
Apartments.
(2) 
Nonresidential uses.
(a) 
Activity-type buildings dedicated for use by the age-restricted community. This structure could house dining, recreational and/or office space.
(b) 
Recreational areas including common open space, walkways and trails, garden areas, picnic area, and similar improvements.
(c) 
Uses clearly accessory to any of the permitted uses, including but not limited to off-street parking facilities.
(d) 
Nonresidential uses are restricted to the use by residents of the community.
C. 
Area and density requirements.
(1) 
Area requirements.
(a) 
A tract to be developed as an age-restricted residential development shall have a minimum lot area of 10 acres.
(b) 
A tract to be developed as an age-restricted residential development shall have a minimum open space requirement of 20% of the gross area of the tract.
(2) 
The gross residential density of an age-restricted residential development shall not exceed nine dwelling units per acre.
(3) 
Minimum living areas of units:
(a) 
One-bedroom unit: 720 square feet.
(b) 
Two-bedroom unit: 900 square feet.
(4) 
Minimum distance between structures:
(a) 
Between facing fronts: 80 feet.
(b) 
Between facing front walls and rear walls or side walls: 70 feet.
(c) 
Between rear walls: 60 feet.
(d) 
All others: 30 feet.
(e) 
Uncovered patios and stoops may project five feet into the rear.
(5) 
Lot setbacks:
(a) 
No building or structure shall be located closer than 30 feet to the boundary line of the tract being developed. Uncovered patios and stoops may project five feet from the building or structure.
(b) 
No building or structure shall be located closer than 20 feet to the street right-of-way line.
(6) 
Standards for buildings:
(a) 
Maximum building length: 200 feet.
(b) 
Maximum building height (not more than two stories in height): 35 feet.
(c) 
Within a townhouse structure, no more than four consecutive townhouse units shall have the same setback. Variation in setback shall be at least four feet.
D. 
Streets, parking and lighting.
(1) 
Streets and roadways:
(a) 
Streets and roadways may be private, but shall be constructed to Township standards.
(b) 
Curbs shall be in accordance with Township standards.
(c) 
Sidewalks shall be in accordance with Township standards.
(d) 
Roadway pavement thickness specifications shall conform to Township standards.
(e) 
Lighting shall be in accordance with Township standards noted in § 220-63F.
(2) 
Parking requirements:
(a) 
A minimum of two off-street parking spaces shall be required for each dwelling unit. One additional parking space shall be provided for every four units.
(b) 
Activities building parking shall be at the rate of four off-street parking spaces per 1,000 square feet of said facility.
(c) 
No loading space will be required for the activities building.
E. 
Landscaping.
(1) 
Screen planting and site element screening shall be required in accordance with § 220-64 of this chapter.
(2) 
Other landscaping shall be provided in accordance with the provisions of Chapter 190, Subdivision and Land Development.
F. 
Design regulations.
(1) 
Age-restricted residential developments shall be served by a public sanitary sewage collection and disposal system, public water supply system and by a storm sewer system and streetlights conforming to all applicable ordinances and regulations of the Township. All such facilities shall be constructed at the expense of the developer.
(2) 
When an age-restricted residential development is proposed for a tract, the design shall include the entire tract.
(3) 
Additional regulations for townhouses:
(a) 
No structure containing townhouse units may contain more than six such units.
(b) 
No structure containing townhouse units shall lie within 30 feet of any other residential structure.
(4) 
Age-restricted residential developments shall include active and passive recreational amenities in an amount at least equivalent to the fee-in-lieu of contribution per residence as required by the Maidencreek Township Parks and Recreations Board.
(5) 
Front building facades shall be a minimum of 60% masonry-type construction.
G. 
Age-restricted residential development approval process.
(1) 
Application for approval of an age-residential development shall be in full compliance with this chapter and all provisions of Chapter 190, Subdivision and Land Development; provided, however, that the provisions of this section applying to age-restricted residential developments shall take precedent over any inconsistent or conflicting provisions of this chapter or the aforesaid subdivision and land development ordinance.
(2) 
Applicants seeking approval for an age-restricted residential development are strongly encouraged to submit to the Township a sketch plan (with that data specified by Chapter 190, Subdivision and Land Development) before proceeding with a preliminary plan.
A. 
Uses permitted in association with lodges and clubs:
(1) 
Social hall with or without kitchen facilities.
(2) 
Meeting rooms.
(3) 
Business offices.
(4) 
Administrative buildings.
(5) 
Maintenance facilities.
B. 
Uses permitted as noncommercial accessory uses to lodges and clubs:
(1) 
Recreational amenities and facilities.
(2) 
Athletic fields/recreational equipment.
(3) 
Equestrian facilities including stables and trails.
(4) 
Picnic groves.
(5) 
Campgrounds.
(6) 
Pavilions.
(7) 
Swimming facilities.
C. 
Prohibited uses:
(1) 
Theaters.
(2) 
Permanent lodging.
(3) 
Boarding rooms/facilities.
D. 
Additional area and bulk requirements:
(1) 
A tract to be developed as a lodge or club shall have a minimum lot area of 10 acres.
(2) 
A tract to be developed as a lodge or club shall have a minimum open space requirement of 40% of the total tract area. This area may include area attributable to recreational amenities and facilities.
(3) 
The maximum impervious surface is 35%.
E. 
Additional requirements:
(1) 
Landscape/buffer.
(a) 
Screen planting shall be required in accord with § 220-64.
(b) 
Parking lot landscaping is required per Chapter 190, Subdivision and Land Development, requirements.
(2) 
Off-street parking per § 220-61. The number of spaces shall equal 12 off-street parking spaces per 1,000 square feet of main assembly area for clubs and lodges in addition to parking requirements associated with accessory uses.
A. 
Power-generation facilities.
(1) 
Lot size. Minimum lot size for lots to be used for power generation is 10 acres. Lot size shall be increased if required to meet setbacks as described in § 220-53A(3).
(2) 
Power-generation facilities location.
(a) 
Power-generation facilities shall be located, sited and constructed in areas that provide the least visual impact and where they do not interfere with agricultural and natural resource production and conservation.
(b) 
They shall be sited in locations that will not pose a significant threat to health, safety and security of the community, residents, schools, livestock, universities or correctional facilities.
(3) 
Appearance and visibility of power-generation facility.
(a) 
No facility shall be artificially lighted or marked except as required by applicable laws, ordinances, statutes, codes, rules and regulations. However, if artificial lighting is required, it shall be as unobstructive and inoffensive as is possible under appropriate ordinances, statutes, laws, rules, regulations and codes. The applicant shall provide a detailed plan for such lighting.
(b) 
Power-generation facilities shall be sited and designed to have the least visually intrusive effect possible on the surrounding area. Wind turbines, emissions stacks and other towers shall be constructed of nonreflective materials, painted with a rust-preventive paint of an appropriate color, and the remainder of the facility shall be designed to include building materials, colors, textures, and landscaping consistent with the immediate area and shall utilize concealment technology. The facilities shall be compatible and blend with the surroundings and be maintained in a safe and stable condition.
(4) 
Security of power-generation facility.
(a) 
All turbines, towers, supporting structures including guy wires, transmitters, transformers, transmission lines, control points, sheds and other related facilities shall be secured and maintained in such manner as to prevent access by any persons other than those authorized to operate or service said facilities. The manner in which the facility is to be secured shall be based on a security plan subject to the approval of the Township. In no case shall site perimeter security fencing be less than 10 feet in height.
(b) 
Warning signs shall be conspicuously posted on and around the perimeter of the property as determined by the Township Engineer.
(5) 
General requirements.
(a) 
The design, construction and maintenance of the power-generation facility shall be in accordance with all applicable local, state and federal ordinances, laws, statutes, codes, rules and regulations and industry standards and certification of compliance shall be provided by the applicant.
(b) 
All utilities servicing the power-generation facility shall be installed underground, except for electric lines four KV or above.
(6) 
Annual certification. The operator of a power-generation facility shall annually certify in writing to the Township that is in compliance with all applicable local, state and federal laws.
(7) 
Traffic impact analysis.
(a) 
A traffic impact analysis prepared by a professional traffic engineer shall be provided and shall address all aspects of traffic safety and improvements which will be necessitated by the traffic generation of the facility.
(b) 
The traffic impact analysis shall contain the following:
[1] 
A study impact area determined by the Township Engineer in conjunction with the owner's traffic engineer.
[2] 
An inventory of site conditions which shall include:
[a] 
A sketch plan of the proposed development.
[b] 
Existing average daily traffic (ADT) on roads within the study area. This shall include traffic volumes at peak highway hours and at peak development generated hours.
[c] 
Existing levels of service (A through F) as defined in the Highway Capacity Manual of the Institute of Transportation Engineers on roads and intersections within the study area. The level of service for signalized intersections refers to the average stopped delay per vehicle during a fifteen-minute analysis period.
[d] 
List of pending or proposed development within a reasonable distance of the development and impacted intersections determined by the Township.
[e] 
Other information requested by the Township.
[3] 
The impact of the proposed development on the Township's transportation system, which shall include:
[a] 
The number of trips generated by the proposed development (in and out at peak hours).
[b] 
This distribution of trips for all area roads immediately post development and the future distribution of traffic five years after development. Note the annual growth rate assumed.
[c] 
The estimated average daily traffic on roads within the study area and the proposed development.
[d] 
The levels of service (A through F) as defined in the Highway Capacity Manual of the Institute of Transportation Engineers after the anticipated development.
[e] 
Documentation of the sources(s) of generated traffic estimates (such as the Institute of Transportation Engineers, Trip Generation Report).
[f] 
Evaluation of the adequacy of the development's ingress and egress points.
[4] 
Documentation of improvements proposed to mitigate any projected adverse transportation impacts caused by the proposed development on Township roads. This shall include, when warranted, such improvements as road widening, intersection improvements, acceleration/deceleration lanes, traffic control devices, signs, or other improvements deemed necessary by the Township.
B. 
Additional performance standards for power generation. The following performance standards shall apply to power-generation facilities within the Township.
(1) 
Air quality. There shall be no emission of smoke, ash, dust, fumes, vapors gases or other matter toxic or noxious to air which violates local, state or federal air quality standards and/or rules and regulations.
(2) 
Control of noise. Noise that exceeds the standards set forth in Chapter 133, Noise, as amended, shall not be permitted to emanate from the property.
(3) 
Control of odors. There shall be no emission of odorous gases or other odorous matter in such quantities as to substantially impair the use and enjoyment of surrounding properties. Any process which may involve the creation or emission of any odors shall be provided with a secondary system, so that control will be maintained if the primary safeguard system shall fail. There is hereby established as a guide in determining such quantities of offensive odors, Table III (Odor Threshold) in Chapter 5, Air Pollution Abatement Manual, copyright 1951 by Manufacturing Chemists' Association, Inc., Washington DC.
(4) 
Control of glare or heat. Any operation producing intense glare or heat shall be performed within an enclosed building or behind a solid fence in such manner as to be completely imperceptible from any point beyond the lot lines.
(5) 
Control of vibration. No vibration which is discernible to the human sense of feeling shall be perceptible without instrument at any point beyond the lot line. Vibration which is not discernible to human sense but which is at low or high frequencies capable of causing discomfort or damage to life or property is prohibited beyond the property line and must be monitored and controlled within the property line to meet acceptable industrial use standards.
(6) 
Control of radioactivity or electrical disturbance. There shall be no activities which emit dangerous or harmful radioactivity. There shall be no electrical disturbance (except from domestic household appliances) adversely affecting the operation of any equipment located beyond the property of the creator of such disturbances.
(7) 
Refuse areas, waste disposal and outdoor storage facilities.
(a) 
Flammable or explosive liquids, solids or gases shall be stored in accordance with all federal, state and local laws and regulations.
(b) 
All outdoor storage facilities for fuel, raw materials and products and all fuels and all raw materials and products stored outdoors shall be secured by a fence or other approved method.
(c) 
No materials or wastes shall be deposited or stored upon a lot in such form or manner that may be transferred off the lot by natural causes or forces.
(d) 
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise be attractive to rodents or insects shall be stored only in closed containers.
(8) 
Materials handling, transfer and storage areas. All indoor and outdoor material handling and transfer storage areas shall provide for accidents caused by natural occurrence, equipment failure or human error so as to contain spillage or leakage of solid, liquid or gaseous materials and to further facilitate the cleanup or dispersal of said materials without causing damage to life, ecological systems, property or the sanitary sewer system.
(9) 
Electric, diesel, gas or other power. Every use requiring power shall be so operated that the service lines, substation, etc., shall conform to the most acceptable safety requirements recognized by the Pennsylvania Bureau of Labor and Industry, shall be so constructed, installed, etc., to be an integral part of the architectural features of the plant or if visible from adjacent residential properties, shall be concealed by landscape screening in accordance with Article XV, § 220-53A(3) of this chapter.
(10) 
Industrial waste or sewage. No use shall be conducted in such a way as to discharge any treated or untreated sewage or industrial waste treatment and disposal except as shall be approved by sanitary engineers or other qualified persons employed by the Township at the expense of the owner of the premises. Where the sanitary sewers of the Township and its municipal authority are involved, approval of the Sewer Authority shall be required.
(11) 
Provision and use of water. All water requirements shall be stated in the application. Water shall be supplied by the Maidencreek Township Municipal Authority unless said Authority is unable or so chooses not to provide water use at which time the applicant may use well-supplied water. Water may be supplied from wells only after approved or accepted geologic study furnished by the applicant and certification by a professional hydrogeologist that the underground water supply and levels will not be appreciably altered in such a way as to endanger the water level and supply for other properties.
(12) 
New technology of significant hazard potential. Any industrial process or research activity conducted using chemical, biological or radiological techniques and agents which are new to the industry or process and which may present significant hazard to the physical environment beyond the site of process application or research, or in which environmental hazards, because of their use, is unknown, must be disclosed to the Board of Supervisors prior to use.
C. 
Supplemental information. In addition to the other requirements of this chapter, subdivisions and land developments involving the establishment of power-generation facilities, including but not limited to solar, water, and wind power shall provide the supplemental information noted in this section.
(1) 
If the applicant is an entity other than a person, the type of entity shall be identified and it shall submit with the application proof, satisfactory to the Township, that it is authorized to do business in the Commonwealth of Pennsylvania, that is properly organized and operating under the laws of its state of organization and the Commonwealth of Pennsylvania, and that it has legal authority to make the application, construct, lease or operate the facility.
(2) 
If the applicant is not the person or entity that will be operating the facility, the applicant shall, in writing, identify the operator by name, address and telephone number.
(3) 
A diagram, drawn to scale, setting forth distances, dimension and heights for all structures, landscaping, trees, fences, existing or proposed, located within 500 feet of the property boundary of the proposed facility.
(4) 
A narrative description with diagrams, drawings and plans, done to scale, of the proposed power-generation structures and all related fixtures, appurtenances, and apparatus, materials, color, lighting and height above present existing grade.
(5) 
The applicant shall submit proof that the proposed facility is permitted and/or licensed or will be permitted and/or licensed at or prior to final plan approval. The applicant shall submit as proof, as applicable, copies of the permits and/or licenses required by law, rule, ordinance, regulation and code, including, but not limited to the PA DEP, PUC, U.S. EPA and United States Department of Energy (U.S. DOE) license applicable to the intended use of the facility.
(6) 
The applicant shall demonstrate that the site is adequate to assure the stability of the proposed facility after considering such matters as are appropriate, including but not limited to topographic and geomorphologic studies and analysis, subsurface and substrate conditions, drainage plans, and biological resource surveys.
(7) 
The applicant shall submit an environmental impact assessment report satisfactory to the Township in accordance with § 220-79 of this chapter.
(8) 
A hazardous and solid waste management plan shall be prepared and submitted that documents the type and amount of wastes, storage and disposal methods, and an emergency response action plan shall be submitted that meets local, county, state and federal requirements. No final plan shall be approved unless the hazardous and solid waste management plan is approved by the Township.
(9) 
The applicant shall submit a visual impact assessment which shall include:
(a) 
A Zone of Visibility Map to determine the locations from which the facility may be observed;
(b) 
Pictorial representations of key viewpoints as may be appropriate, including but not limited to public roads, public parks, public lands, historic districts and sites and from such other locations where the site is visible to large numbers of persons;
(c) 
An assessment of the visual impact of the facility as it relates to appropriate screening; and
(d) 
Any applicable assessments from the Pennsylvania Historic and Museum commission related to historic property impacts.
(10) 
The applicant shall submit a plan for water discharge, detailing how local, state and federal water quality requirements will be met and how water will be cooled to the average seasonal temperature of the receiving body prior to discharge in order to prevent thermal pollution.
(11) 
The applicant shall submit a written determination as to the necessity of lighting the power-generation facility or any of its components in accordance with Federal Aviation Administration (FAA) regulations, as well as all correspondence and filing with, to and from the FAA.
(12) 
All certifications, reports, materials, drawings, diagrams or similar materials shall be prepared, signed and attested to be accurate and correct by a person, persons, or entity, satisfactory to the Township, who, by training or education or both is, in the judgment of the Township, qualified to prepare them; when appropriate, the person preparing these certifications, reports, drawing, diagrams, and related material shall be an engineer licensed by the Commonwealth of Pennsylvania.
A. 
In order to more effectively evaluate a proposed subdivision and/or land development in the Industrial or SIA Zoning Districts, the applicant shall be required to disclose the environmental consequences or effects of such proposals through the submission of an environmental impact assessment (EIA) report.
B. 
An EIA report shall be submitted for proposed uses in Industrial and SIA Districts as set forth in Articles XIV and XV of this chapter.
C. 
The EIA report shall contain text, tables, maps and analyses which document the probable impact resulting from the proposed subdivision and/or land development in accordance with the format and content outline specified below.
D. 
Eight copies of the EIA report shall be submitted in accordance with the format and content specified below. Within the EIA report, specific emphasis shall be directed toward the proposed project's effects on and relationship to applicable site, neighborhood (including areas in adjacent townships where applicable) and Township-wide resources, conditions or characteristics. The EIA report shall include text, tables, maps and analyses for the purpose or describing the project site, proposed uses(s), environmental characteristics and the environmental effects of the proposal.
E. 
Methods for evaluating cumulative environmental effects will depend upon the availability of data, but the scope and goal of the evaluation should remain consistent. Methods may involve one or more of the following:
(1) 
Geographic information system analyses.
(2) 
Questionnaires, interviews and panels.
(3) 
Checklists.
(4) 
Matrices.
(5) 
Networks and system diagrams.
(6) 
Modeling.
(7) 
Trend analyses.
F. 
The EIA report shall be prepared by a registered engineer, architect, landscape architect or land planner and shall address the following issues presented below.
(1) 
An identification of the site location and area through the use of a location map drawn at a scale of not more than 2,000 feet to the inch. The location map shall depict all streets, adjoining properties, zoning district boundaries and municipal boundaries within 3,000 feet of any part of the tract. In the case of development of a section of the entire tract, the location map shall also show the relationship of the section to the entire tract.
(2) 
An identification of the site character and appearance through the presentation of photographs. Such photographs shall provide a representation of what the site looks like from the ground. Photographs should be properly identified or captioned and shall be keyed to a map of the site.
(3) 
An identification of the nature of the proposals through the presentation of the following:
(a) 
A site development plan including notes pertaining to the number and type of lots or units, the square footage and/or acreage of the tract and a depiction of the features which are proposed such as streets, driveways, parking area, buildings and other structures, and all impervious surfaces. The plan shall be drawn at a scale of not more than 100 feet to the inch and may be submitted as an attachment to the report. The plan shall reflect all the information required for a preliminary plan under Chapter 190, Subdivision and Land Development.
(b) 
Plans and elevations depicting the proposed size, square footage, height, number of rooms (where applicable) of buildings and/or other structures.
(c) 
A statement indicating the existing and proposed ownership of the tract and, where applicable, the type of ownership, operation and maintenance proposed for areas devoted to open space or otherwise not under the control of a single lot owner.
(4) 
An identification of physical resources associated with the natural environment of the tract, including such features as geology, topography, soils, hydrology and the like. The identification of physical resources shall include a narrative description of the qualitative and quantitative aspects of each of the resources mentioned above. In addition, these resources shall be mapped at a scale of not more than 100 feet to the inch as specified below and may be either incorporated into the EIA report or submitted as attachments to the report.
(a) 
A map depicting the geological characteristics of the tract. Such map shall define the location and boundaries of the rock formations at or influencing the tract and features such as faults and/or fractures.
(b) 
A map depicting the topographical characteristics of the tract. Such map shall contain contours with at least two-foot intervals; and, shall depict slopes from 0% to 4%, 4% to 10%, 10% to 15%, 15% to 25%, and greater than 25%.
(c) 
A map depicting the soil characteristics of the tract. Such map shall depict all soil types and shall include a table identifying soil characteristics pertinent to the proposed subdivision and/or land development such as depth of bedrock, depth of water table, flood hazard potential, and limitations for septic tank filter fields.
(d) 
A map depicting the hydrological characteristics of the tract. Such map shall depict: surface water resources, their drainage characteristics, watershed and floodplains, and groundwater resources. Surface water resources include features such as creeks, runs and other streams, ponds, other natural bodies of water, springs, wetlands, and any man-made impoundments. Groundwater resources include features such as aquifers and aquifer recharge areas.
(5) 
An identification of biological resources associated with the natural environment of the tract including such features as vegetation and wildlife. The identification of biological resources shall include a narrative description of each of the resources mentioned above. In addition, these resources shall be mapped at a scale of not more than 100 feet to the inch, as specified below; and, may be either incorporated into the EIA report or submitted as attachments to the report.
(a) 
A map depicting the vegetation characteristics of the tract. Such map shall define the locations and boundaries of the wooded areas of the tract and shall note the types of vegetation associations which exist in terms of their species types and sizes. In addition, all trees 12 inches in caliper or greater shall be accurately located on the map either as freestanding trees or as tree masses.
(b) 
A map depicting characteristics associated with wildlife habitats. Such map may draw upon the vegetation, hydrology and soil maps in order to express habitat characteristics associated with terrestrial and aquatic wildlife on the tract and the relationship of the overall habitat(s).
(6) 
An identification of the land use conditions and characteristic associated with the tract such as: current and past use, land cover, and encumbrances; and, the relationship of these to adjacent tracts. The identification of land use conditions and characteristics shall include a narrative description of the above. In addition, the following maps drawn at a scale of not more than 100 feet to the inch, unless otherwise noted, shall be incorporated into the EIA report or submitted as attachments to it.
(a) 
A map depicting the land cover characteristics of the tract. Such map shall define existing features, including paved or other impervious surfaces, wooded areas, cultivated areas, pasture, old fields, lawns and landscaped areas and the like.
(b) 
A map depicting any encumbrances to the tract. Such map shall define easements and other areas where certain use privileges exist.
(c) 
A map depicting the land uses adjacent to the proposed tract. Such map may be at the same scale as the location map.
(7) 
An identification of the visual resources associated with the tract and surrounding areas such as areas which have a particular amenity value and areas which offer interest in viewing the tract. The identification of visual resources shall include a narrative description of the above. In addition, a map drawn at a scale of not more than 100 feet to the inch depicting visual resources shall be incorporated into the EIA report or submitted as an attachment to the report.
(8) 
An identification of the relationship of the transportation and circulation system needs of the proposed subdivision and/or land development to the existing street or highway network. A discussion of this relationship shall be in narrative form and shall indicate factors such as methods to be used for traffic control within the tract and at points of ingress to and egress from it; and expected traffic volumes generated from the subdivision and/or land development including their relationship to existing traffic volumes on existing streets for both peak-hour and non-peak-hour traffic conditions. In addition, there shall be a discussion of the physical condition of existing streets which will service the proposed subdivision and/or land development and what improvements are proposed to remedy any physical deficiencies.
(9) 
An identification of characteristics and conditions associated with existing, construction-related, and future air and water quality and noise levels, vibration, toxic materials, electrical interference, odor, glare and heat, fire and explosion, smoke, dust, fumes, vapors and gases and/or radioactive materials.
(10) 
The implications of the proposed subdivision and/or land development in terms of the type of beneficial or adverse effects which may result from it and the duration of these effects in terms of their short-term or long-term nature. To indicate such effects, there shall be a discussion of the implications of the proposed subdivision and/or land development to the resources, conditions and characteristics described in Subsection F(4) through (14). In addition to a narrative presentation of implications, the applicant shall display where the subdivision and/or land development adversely affects the tract's resources, conditions or characteristics through the use of a map drawn at a scale of not more than 100 feet to the inch, wherein the areas adversely affected from proposed development are highlighted. Such map(s) may be either incorporated into the EIA report or submitted as an attachment to the report. Further, the applicant must demonstrate and specify in the EIA report how and where the findings in the EIA report and its attachments are reflected in the subdivision and/or land development plan. Potential environmental impacts resulting from the proposed subdivision and/or land development can be defined as: cumulative, direct, indirect, positive, negative, or combination of above. Typical impacts from a proposed development may occur in the following areas:
(a) 
Landforms (topography, floodplains, related water quality).
(b) 
Subsurface conditions (soils, groundwater).
(c) 
Hydrology (drainage, stormwater, water quality, water supply).
(d) 
Wildlife and vegetation (vegetation, endangered species parklands, conservation areas, ecologically critical areas).
(e) 
Land use (existing zoning, land use, proposed community comprehensive plans, productive farmland or timberland).
(f) 
Natural hazards (seismic, other).
(g) 
Cultural resources (historic concerns, architecturally sensitive, archaeologically sensitive).
(h) 
Utilities/services (energy, solid waste disposal, water supply, sewer system and drainage).
(i) 
Socioeconomic (employment, demographics, income levels, aesthetic quality, housing, retail markets, fiscal impacts).
(j) 
Transportation (traffic volumes, traffic circulation, parking, public transit system).
(k) 
Hazardous materials (underground storage tanks, site contamination, storage of hazardous substances, other).
(l) 
Air/noise (air quality, ambient noise).
(11) 
Alternatives to the proposed subdivision and/or land development. To indicate such alternatives, the applicant shall submit exhibits or diagrams which will depict the type of alternatives such as: revised location, redesign, layout or siting of buildings, roads and other structures, alternate methods for sewage disposal and water supply, reduction in size of proposed structures or number of structures, and the like would preclude, reduce or lessen potential adverse impact or produce beneficial effects.
(12) 
Probable adverse effects which cannot be precluded. In indicating such effects, a discussion shall be presented regarding whether they will have primary or secondary implications; that is, whether the adverse effects will have direct or indirect influence on a particular resource, condition or characteristic.
(13) 
Measures to mitigate adverse effects. To indicate such measures, the applicant shall submit exhibits or diagrams which will depict the type of remedial, protective and mitigative measures described in narrative form. These resources shall include those required through existing procedures and standards and those unique to a specific project, as follows:
(a) 
Mitigation measures which pertain to existing procedures and standards are those related to current requirements of the state, county and/or Township for remedial or protective action such as: sedimentation and erosion control, stormwater runoff control, water quality control, air quality control and the like.
(b) 
Mitigation measures related to impacts which may be unique to a specific subdivision and/or land development are those related to efforts such as: revegetation, screening, fencing, emission control, traffic control, noise control, relocation of people and/or businesses, land acquisition, and the like.
(14) 
Any irreversible environmental changes which would occur due to the proposed subdivision and/or land development should it be implemented. To indicate such changes, the use of nonrenewable resources during the initial and continued phases of the subdivision and/or land development shall be discussed. Further, the loss of environmental resources shall be indicated through a presentation of the quantity of loss and related qualitative effects.
G. 
In making its evaluation, the Board of Supervisors, the Zoning Hearing Board and/or the Planning Commission may request any additional information it deems necessary to adequately assess potential environmental impacts. Further, whenever any information requested in a subsection above is not applicable to the proposed subdivision and/or land development, the applicant shall document such inapplicability in the EIA report.
A. 
Congregate-care facilities; assisted-living facilities; and/or personal-care homes shall be designed to achieve the following purposes:
(1) 
Each such facility shall be built as a single legal entity and shall be retained in single ownership. Fee simple absolute sale of units shall be prohibited. All common facilities to support the needs of the residents of the facility shall remain under a single ownership.
(2) 
To encourage the development of a community to service adults who can no longer live safely in a fully independent lifestyle, and who require some level of care and assistance with some or all of the activities of daily adult living.
(3) 
To provide for appropriate recreational activities for the residents in both exterior and interior spaces.
(4) 
To encourage innovation in design so the growing demand for housing may be met by a greater variety in type, design and layout of dwellings and by the conversion and efficient use of open space auxiliary to said units.
B. 
Uses permitted within congregate-care facilities, assisted-living facilities and personal-care homes:
(1) 
Residential uses.
(a) 
Efficiency units.
(b) 
One-bedroom units.
(c) 
Two-bedroom units.
(2) 
Nonresidential uses.
(a) 
Activity centers intended for use by the residents. These centers may include dining, recreational, retail and/or office space.
(b) 
Recreational areas including exercise areas, common open space, walkways and trails, garden areas, picnic area, and similar improvements.
(c) 
Medical offices and rehabilitation center.
(d) 
Uses clearly accessory to any of the permitted uses including but not limited to off-street parking facilities.
(e) 
Nonresidential uses are restricted to the use by residents of the community and their guests. However, the management of such congregate care, assisted-living facilities, or personal-care homes shall be permitted to open common areas of such facilities for use by community organizations for public and/or private meetings, at their discretion.
C. 
Area and density requirement for congregate-care facilities, assisted-living facilities and personal-care homes:
(1) 
Area requirements.
(a) 
A tract to be developed as a congregate-care facility, assisted-living facility or personal-care home shall have a minimum lot size of five acres in the C-1 District and two acres in the C-R District.
(2) 
The gross residential density of a congregate-care facility, assisted-living facility or personal-care home shall not exceed 25 dwelling units per acre.
(3) 
Lot setbacks:
(a) 
Except for parking spaces, no building or structure shall be located closer than 50 feet to the boundary line of the tract being developed. Uncovered patios and stoops may project five feet from the building or structure.
(b) 
No building or structure shall be located closer than 50 feet to the street right-of-way line.
(4) 
Standards for buildings:
(a) 
Maximum building height: livable area may not exceed 35 feet; ornamental structures on the building may not exceed 40 feet.
(b) 
When two or more congregate-care facility, assisted-living facility or personal-care home facility buildings or structures are to be constructed on a single tract of land, each individual building or structure shall be separated by a minimum of 100 feet.
D. 
Streets, parking and lighting.
(1) 
Streets and roadways:
(a) 
Streets and driveways may be private, but shall be constructed to Township standards.
(b) 
Curbs shall be in accordance with Township standards.
(c) 
Sidewalks shall be in accordance with Township standards.
(d) 
Roadway pavement thickness specifications shall conform to Township standards.
(e) 
Lighting shall be in accordance with Township standards.
(2) 
Parking requirements:
(a) 
Resident parking shall be designed with a minimum of one off-street parking space for every dwelling unit.
(b) 
Employee parking shall be required with a minimum of one off-street parking space for each employee based upon the highest number of employees in a particular shift.
(c) 
Visitor parking shall be required with a minimum of one off-street parking space for each 10 dwelling units.
(d) 
All parking spaces shall be setback a minimum of at least 15 feet from the property line.
(e) 
An off-street loading area shall be provided that will not interfere with pedestrian or vehicular traffic.
(f) 
An emergency vehicle pickup area shall be provided.
E. 
Landscaping.
(1) 
Screen planting shall be required in accordance with § 220-64 of this chapter.
(2) 
Other landscaping shall be provided in accordance with the provisions of Chapter 190, Subdivision and Land Development.
F. 
Design regulations.
(1) 
All congregate-care facilities, assisted-living facilities and personal-care homes shall be served by a storm sewer system conforming to all applicable ordinances and regulations of the Township. All such facilities shall be constructed at the expense of the developer.
(2) 
All congregate-care, assisted-living facilities and personal-care homes shall have exterior trash storage facilities. All assisted-living facilities shall also have a designated medical waste storage facility and pickup area.
(3) 
When a congregate-care facility, assisted-living facility or personal-care home is proposed for a tract, the design shall include the entire tract.
(4) 
The maximum impervious surface coverage associated with a facility shall be 65% of the gross site area in the C-1 District and 45% of the gross site area in the C-R District.
(5) 
The maximum building footprint associated with the facility shall be 50,000 square feet in the C-1 District and 3,000 square feet in the C-R District.
(6) 
The minimum living area of units shall be:
(a) 
Efficiency units: 300 square feet.
(b) 
One-bedroom units: 400 square feet.
(c) 
Two-bedroom units: 700 square feet.
(7) 
Recreational facilities for a congregate-care facility, assisted-living facility or personal-care home shall include:
(a) 
An outdoor sitting area for residents, including covered patios as well as contiguous sidewalk which allows residents to walk around the building.
(b) 
Areas within the building(s) designated for interior recreational facilities for the residents.
(8) 
All congregate-care facilities, assisted-living facilities and/or personal-care homes shall be designed, maintained, and sized in accordance with the most restrictive applicable state and federal regulations. In the event of a discrepancy between this chapter and the state and/or federal regulation, the most restrictive state and/or federal regulation shall apply.
(9) 
All congregate-care facilities, assisted-living facilities and/or personal-care homes shall have an emergency management plan in effect for response to catastrophic events.
(10) 
All congregate-care facilities, assisted-living facilities and/or personal-care homes shall have fire access on all four sides of a building. In the event a facility is designed with more than four exterior walls, this provision shall not be construed to require fire access on every exterior wall of the building.
(11) 
All congregate-care facilities, assisted-living facilities and/or personal-care homes shall have an automatic sprinkler fire suppression system.
G. 
Land development plan approval process for congregate-care facilities, assisted-living facilities, and personal-care homes.
(1) 
All applications shall be in full compliance with this chapter and all provisions of Chapter 190, Subdivision and Land Development; provided, however, that the provisions of this section applying to congregate-care facility, assisted-living facility, and/or personal-care home shall take precedence over any inconsistent or conflicting provisions of this chapter or the aforesaid subdivision and land development ordinance.
(2) 
Applicants seeking approval for a congregate-living facility, assisted-living facility or a personal-care home are strongly encouraged to submit to the Township a sketch plan (with that data specified by Chapter 190, Subdivision and Land Development) before proceeding with a preliminary plan.
A. 
Purpose.
(1) 
To accommodate the need for cellular communications antennas while regulating their location and number in the Township.
(2) 
To minimize adverse visual effects of wireless communications antennas and support structures through proper design, siting and vegetative screening.
(3) 
To avoid potential damage to adjacent properties from antenna support structure failure and falling ice, through engineering and proper sighting of antenna support structures.
(4) 
To encourage the joint use of existing and any new antenna support structures to reduce the number of such structures needed in the future.
(5) 
At the discretion of the Maidencreek Township Board of Supervisors, municipal uses for the purposes of police protection, fire protection, ambulance service and road maintenance shall be exempt from these regulations.
B. 
Use regulations. This section addresses the various types of wireless communication facilities (WCFs) permitted in the Township either as a use by right or by conditional use in all or selected zoning districts. The following table presents an overview of the various WCF uses and where they are permitted.
WCF Uses Permitted By Zoning District
WCF Use Type
Permitted By
Zoning District(s) Permitted
Towers on municipal property § 220-81B(1)(a)
By right
All districts
New antenna/existing structure(1) § 220-81B(1)(b) Districts
By right
All nonresidential
Antenna/equipment replacements § 220-81B(1)(c)
By right
All districts
New antenna co-location on existing tower(2) § 220-81B(1)(d)
By right
All districts
Relocation of existing tower § 220-81B(2)(a)
Conditional use
All districts
New antenna/existing structure(3) § 220-81B(2)(b)
Conditional use
All districts
New communication tower outside of public ROW § 220-81B(2)(c)
Conditional use
Industrial district
New communication tower inside of public ROW § 220-81B(2)(d)
Conditional use
All districts — inside ROW of Rt. 222 and Park Road
New nontower WCF inside public ROW § 220-81B(2)(e)
Conditional use
All districts — inside public street ROW's
NOTES:
(1)
Height increase of existing structure by 20 feet or less.
(2)
Compliant with "No Substantially Change" standards.
(3)
Height increase of existing structure in excess of 20 feet.
(1) 
Permitted uses by right. The following wireless communication facilities are permitted as a use by right in all or selected zoning districts subject to the specific requirements set forth below.
(a) 
Towers on municipal property. Antennas and/or towers (tower-based or nontower based WCFs), as regulated and defined by this Chapter, are permitted by right on land owned or controlled by Maidencreek Township without the need for a conditional use approval, provided a license and/or lease authorizing such antenna and/or tower has been approved by Maidencreek Township.
(b) 
New antenna/existing structure. A new cell site antenna (nontower WCF) may be located on an existing smoke stack, water tower, farm silo or other tall structure in all nonresidential zoning districts provided:
[1] 
Submission of a zoning permit for the cell site antenna.
[2] 
Provide a report from a structural engineer licensed in the State of Pennsylvania on the structural adequacy of the existing structure to accommodate the added weight and wind load of the proposed antenna location.
[3] 
That the height of the antenna shall not exceed the height of the existing structure by more than 20 feet above the permitted height of the applicable zoning district.
[4] 
Building-mounted communications antennas shall not be located on any single-family dwelling.
[5] 
Omnidirectional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter.
[6] 
Directional or panel communications antennas shall not exceed five feet in height and three feet in width.
[7] 
Any applicant proposing 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 communications equipment building can be accomplished.
[8] 
Any applicant proposing 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 Township Engineer for compliance to applicable building codes.
[9] 
The antenna complies with all applicable FCC and FAA regulations.
[10] 
The antenna complies with all applicable building codes.
(c) 
Antenna/equipment replacements. Replacements of existing antennas or existing equipment such as electrical cabinets are permitted to be replaced in all zoning districts subject to:
[1] 
Submission of a zoning permit for the antenna/equipment replacement.
[2] 
Provide a report from a structural engineer licensed in the State of Pennsylvania on the structural adequacy of the existing cell tower to accommodate the added weight and wind load.
[3] 
Submission of a plan set and other information as appropriate to show the proposed replacement work.
[4] 
The replacement antenna array(s) comply with all applicable FCC and FAA regulations.
[5] 
The replacement array(s) comply with all applicable building codes.
(d) 
New antenna co-location. Location of a new antenna array on an existing cell tower is encouraged over the construction of a new tower location. Co-location of new antennas on existing towers is permitted in all zoning districts subject to:
[1] 
Submission of a zoning permit for the antenna co-location.
[2] 
Submission of a plan set and other information as appropriate to show the proposed co-location work.
[3] 
Provide a report from a structural engineer licensed in the State of Pennsylvania on the structural adequacy of the existing cell tower to accommodate the added weight and wind load of the new antenna array.
[4] 
The proposed antenna co-location will be reviewed to determine if it is considered as a "substantial change" or one which "does not substantially change" the wireless support structure (see § 220-11 definition of "substantial change").
[5] 
Timing of the zoning application for a new co-location antenna will be approved within the time frames set forth under § 220-81C. Should a zoning variance be required due to a height conflict, the prescribed review period will not start until the required zoning approval has been secured and the application is then deemed to be complete.
[6] 
The new co-location antenna array complies with all applicable FCC and FAA regulations.
[7] 
The new co-location antenna array complies with all applicable building codes.
(2) 
Uses permitted by conditional use. The following wireless communication facilities are permitted subject to conditional use approval from the Maidencreek Township Board of Supervisors, in all or specific zoning districts subject to the specific requirements set forth below in additional to those presented in § 220-81C below.
(a) 
Relocation of an existing tower.
[1] 
A tower which is being rebuilt to accommodate the co-location of an additional antenna may be moved on its site within 50 feet of its existing location as long as all other applicable requirements have been met.
[2] 
After the tower is rebuilt to accommodate co-location, only one tower may remain onsite.
[3] 
A relocated onsite tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to these regulations. The relocation of a tower hereunder shall in no way be deemed to cause a violation of these regulations.
[4] 
The onsite relocation of a tower which comes within the separation distances to residential units or residentially zoned land shall only be permitted with additional approvals.
(b) 
New antenna/existing structure. A new cell site antenna (nontower WCF) to be located on an existing smoke stack, water tower, farm silo or other tall structure in all nonresidential zoning districts where the height of the new antenna will exceed the height of the existing structure in excess of 20 feet shall require conditional use approval provided:
[1] 
Submission of a zoning permit for the cell site antenna.
[2] 
Provide a report from a structural engineer licensed in the State of Pennsylvania on the structural adequacy of the existing structure to accommodate the added weight and wind load of the proposed antenna location.
[3] 
Building-mounted communications antennas shall not be located on any single-family dwelling.
[4] 
Omnidirectional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter.
[5] 
Directional or panel communications antennas shall not exceed five feet in height and three feet in width.
[6] 
Any applicant proposing 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 communications equipment building can be accomplished.
[7] 
Any applicant proposing 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 Township Engineer for compliance to applicable building codes.
[8] 
The antenna complies with all applicable FCC and FAA regulations.
[9] 
The antenna complies with all applicable building codes.
(c) 
New communication tower outside public rights-of-way. New communication towers (tower-based WCFs) outside of public rights-of-way are permitted in the I Industrial District subject to conditional use approval. Consideration for approval would be subject to compliance with the criteria listed below as well as those of § 220-81C of this Chapter:
[1] 
Annual permit fee. The applicant shall pay the Township an annual Permit Fee as set by Resolution by the Board of Supervisors.
[2] 
Location. The applicant shall be required to demonstrate, using technological evidence, that the tower-based WCF must be located where it is proposed.
[3] 
Height. The applicant must demonstrate that the tower-based WCF is the minimum height required to function satisfactorily. Maximum height of the tower shall be 200 feet. Accessory facilities shall meet the height requirements of the zoning district in which it is located.
[4] 
Structure design. The applicant shall demonstrate that the proposed tower-based WCF is safe and that the surrounding area will not be negatively affected by support structure failure, falling ice or other debris, electrometric fields, radio or satellite frequency interference. A licensed professional engineer shall certify that the tower can structurally accommodate the number of shared users being proposed by the applicant and that the tower meets the setback, requirements, separation distances.
[5] 
Fence. A fence shall be required around the tower-based WCF and other equipment. The fence shall be eight feet in height. Any wire on top of the fence shall not be included in the measurement of the height of the fence.
[6] 
Landscaping. The following landscaping shall be required to screen as much of the tower-based WCF support structure as possible, the fence surrounding the support structure, and any other ground-level features (equipment cabinets, etc.):
[a] 
An evergreen screen shall be required to surround the site. The screen can be either a hedge or a row of evergreen trees. The evergreen screen shall be a minimum height of six feet at planting, and shall grow to a minimum height of 15 feet at maturity.
[b] 
In addition, the existing vegetation on and around the site shall be preserved to the greatest extent possible.
[7] 
Parking spaces. If the tower-based WCF is fully automatic, two off-street parking spaces shall be required. If the site is not automated, the number of required parking spaces shall equal the number of people in the largest shirt, but in any event, may not be less than two off-street parking spaces.
[8] 
Other permitted uses. All other uses associated with the tower-based WCF, such as a business office, transmission studio, maintenance depot, or vehicle storage, shall not be located on the site unless the use is otherwise permitted in the zoning district in which the site is located.
[9] 
Accommodating use. In order to reduce the number of tower-based WCFs needed in the Township in the future, any proposed support structure shall be designed to accommodate other users, including but not limited to police, fire and emergency services. Prior to proposing the construction of a new tower, the applicant shall demonstrate that a reasonable effort has been made to site the antenna on an existing tower or structure within close proximity of the choses site. Space for Township communication systems, if desired by the Township, shall be made available at no cost.
[10] 
Building permit. The applicant shall obtain a building permit in accordance with Township requirements prior to commencement of construction for any tower-based WCF.
[11] 
Federal Communication Commission. If the use of a tower-based WCF requires licensing by any state or federal agency, including but not limited to the Federal Communications Commission (FCC), the applicant shall present evidence that it has obtained such license. The applicant shall demonstrate that the proposed wireless communication tower and communications antennas proposed to be mounted thereon comply with all applicable standards established by the FCC governing human exposure to electromagnetic radiation.
[12] 
Lighting. No wireless communication towers shall be artificially lighted except when required by the Federal Aviation Administration or by state regulations. Communication towers shall comply with all applicable federal Aviation Administration, Commonwealth Bureau of Aviation and applicable airport zoning regulations.
[13] 
Lot requirements. A new tower-based WCF may be permitted as the sole use on a lot, or in combination with an existing use, except residential, subject to the following conditions:
[a] 
The existing use on the property may be any permitted use in the applicable zoning district, and need not be affiliated with the WCF.
[b] 
The minimum lot size shall comply with the applicable district and shall be the area needed to accommodate the tower-based WCF, its guy wires, the equipment building, security fence, and buffer plantings in addition to the existing use.
[c] 
The minimum lot size for a stand-alone WCF lot shall be one acre.
[14] 
Setbacks. The setback of a tower-based WCF from all property lines, existing street right-of-way lines and aboveground utility lines shall be no less than the height of the tower. All guy wire anchors shall be setback a minimum of 40 feet from the property lot lines and existing street right-of-ways. No more than one tower shall be permitted on a single lot.
[15] 
Signs. No portion of any communication tower or antenna shall be used for a sign or other advertising purpose. No routine lighting of a tower, antenna, or accessory facilities shall be permitted.
[16] 
The WCF shall employ the most current stealth technology in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. Application of the stealth technology chosen by the applicant shall be subject to approval of the Township.
[17] 
Annual certification. In January of each year, an inspection shall be performed by an independent engineer acceptable to the Township and paid by the applicant, and verification shall be provided to the Township zoning officer that there have been no changes in the operating characteristics of the commercial tower-based WCF as approved at the time of conditional use application, including at minimum:
[a] 
Direction of the signal.
[b] 
Frequency, modulation and class of service.
[c] 
Transmission and maximum effective radiated power.
[d] 
Manufacturer, type and model of equipment.
[e] 
Height of antenna.
[f] 
Name, address and emergency telephone number of the operator.
[g] 
Copy of current FCC license.
[h] 
Review of all reasonable requests of shared use of the tower.
[18] 
Geotechnical investigation. The owner shall complete and submit geotechnical evaluation of the site in which the communications tower is to be located. The owner shall demonstrate how the proposed tower and related infrastructure is to be stabilized and anchored.
[19] 
Land development plan. A full site plan prepared by either a registered surveyor or a professional engineer, with elevations prepared by a professional engineer, shall be required for tower-based WCF sites showing the communication tower, buildings, fences, buffering, access, and any accessory structures. Said plan shall be in accordance with all applicable Subdivision and Land Development ordinance requirements of the Township.[1]
[1]
Editor's Note: See Ch. 190, Subdivision and Land Development.
[20] 
Occupancy permit. Prior to a certificate of use and occupancy being issued, the applicant shall provide an engineer's certification that the tower is constructed as designed and shall submit the same to the zoning officer.
[21] 
Access. Access shall be provided to the tower-based WCF by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all weather surface for its entire length.
[22] 
If a tower-based WCF is to be designed as a structure or natural feature, the communications tower and antenna shall be disguised and/or camouflaged within the surrounding area. The type, style, color, design, size and location of the disguised and/or camouflaged communications tower and antenna shall be subject to the approval of the Township Board of Supervisors as part of the conditional use process.
[23] 
Removal. The applicant shall submit a plan for the removal of a tower-based WCF when it becomes functionally obsolete or is no longer in use. Any antenna or tower that is not operated, and for which there is no intent or attempt to operate, for a continuous period of time of 12 months shall be considered abandoned, and the owner of such tower or antenna shall remove the same within 90 days after receipt of notice from the Township notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users have abandoned the tower or antenna.
(d) 
New communication tower inside public rights-of-way. New communication towers (tower-based WCFs) of 40 feet or shorter may be permitted inside the public right-of-way of Rt. 222 and Park Road throughout the Township, regardless of the underlying zoning district, provided they are compliant with the following:
[1] 
The location of the proposed tower-based WCF inside public right-of-way is not located within 50 feet of an area in which utilities are underground.
[2] 
Tower-based WCFs inside public right-of-way are prohibited in residential areas or areas in which utilities are located underground.
[3] 
Tower-based WCFs inside public right-of-way shall not be located in the front facade area of any structure.
[4] 
The Township and PennDOT shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based WCFs in the public right-of-way based on public safety, traffic management, physical burden on the right-of-way, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.
[5] 
Securing of a highway occupancy permit (HOP) from PennDOT as may be required when the proposed WCF is within a state highway right-of-way.
[6] 
Tower-based WCFs inside public right-of-way and related equipment shall be located as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the right-of-way as determined by the Township and PennDOT. In addition:
[a] 
In no case shall ground-mounted related equipment, walls, or landscaping be located within 18 inches of the face of curb or a minimum of two feet from edge of cartway if no curb. The location of new poles and other aboveground facilities shall be installed outside the shoulder and highway zone as near to the right-of-way line as practicable, under the HOP and applicable PennDOT design provisions.
[b] 
Ground-mounted related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township and PennDot.
[c] 
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.
[d] 
Any graffiti on the tower or on any related equipment shall be removed at the sole expense of the WCF owner.
[e] 
Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Township and PennDOT.
[f] 
The WCF shall employ the most current stealth technology in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. Application of the stealth technology chosen by the applicant shall be subject to approval of the Township and PennDot.
[g] 
Any proposed WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennae and comparable antennae for future users.
[h] 
Reimbursement for right-of-way use. In addition to permit fees as described in this section, every tower-based WCF in the Township right-of-way is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the right-of-way. Such compensation for right-of-way use shall be directly related to the Township's actual right-of-way management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other right-of-way management activities by the Township. The owner of each tower-based WCF shall pay an annual fee to the Township to compensate the Township for the Township's cost incurred in connection with the activities described above. Said fee is to be set by resolution of the Township.
(e) 
New nontower WCF inside public rights-of-way. New nontower WCFs located within the public right-of-way shall be collocated on existing poles, such as utility poles or light poles. If co-location is not technologically feasible, the WCF applicant shall locate its nontower WCFs on existing poles or freestanding structures that do not already act as wireless support structures with the approval of the Township and PennDOT, provided they are compliant with the following:
[1] 
WCF installations located above the surface grade in the public right-of-way including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are not more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.
[2] 
Antenna and related equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
[3] 
The Township and PennDOT shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based WCFs in the public right-of-way based on public safety, traffic management, physical burden on the right-of-way, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.
[4] 
Nontower WCFs and related equipment shall be located as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the right-of-way as determined by the Township and PennDOT. In addition:
[a] 
In no case shall ground-mounted related equipment, walls, or landscaping be located within 18 inches of the face of curb, within two feet of the edge or cartway if no curb, or within an easement extending onto a privately owned lot.
[b] 
Ground-mounted related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township and PennDOT.
[c] 
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township and PennDOT.
[d] 
Any graffiti on the nontower WCF or on any related equipment shall be removed at the sole expense of the WCF owner.
[e] 
Any underground vaults related to nontower based WCFs shall be reviewed and approved by the Township and PennDOT.
[f] 
Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a nontower WCF in the right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any nontower WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations and PennDOT, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
[i] 
The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way.
[ii] 
The operations of the Township or other governmental entity in the right-of-way.
[iii] 
Vacation of a street or road or the release of a utility easement.
[iv] 
An emergency as determined by the Township.
[g] 
Reimbursement for right-of-way use. In addition to permit fees as described in this section, every nontower WCF in the Township right-of-way is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the right-of-way. Such compensation for right-of-way use shall be directly related to the Township's actual right-of-way management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other right-of-way management activities by the Township. The owner of each tower-based WCF shall pay an annual fee to the Township to compensate the Township for the Township's cost incurred in connection with the activities described above. Said fee is to be set by resolution of the Township.
C. 
Permit processing time frames. Timing of approval for WCF applications shall be as follows:
(1) 
For a nontower WCF:
(a) 
Within 30 calendar days of the date that an application for a nontower WCF is filed with the Township, the Township shall notify the WCF applicant in writing of any information that may be required to complete such application.
(b) 
Upon submission to the Township of the additional required information, the Township shall within 10 days notify the applicant if the application is now complete.
(c) 
For those applications for nontower based WCFs that do not substantially change the physical dimensions of the wireless support structure to which they are attached as defined by the WBCA, within 60 days the Township shall make its final decision on whether to approve the application.
(d) 
For those applications for nontower based WCFs that do substantially change the physical dimensions of the wireless support structure to which they are attached as defined by the WBCA, within 90 days the Township shall make its final decision on whether to approve the application.
(e) 
The decision of the Township shall be made in writing and provided to the applicant.
(f) 
If additional information was requested by the Township to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the Township's sixty- or ninety-day review periods, as applicable. These timing requirements in this section shall only apply to proposed facilities that fall under the Pennsylvania Wireless Broadband Collocation Act. (Provision to put clock on "hold" when additional information has been requested to make an application complete.)
(2) 
For a tower-based WCF:
(a) 
Within 30 calendar days of the date that an application for a new tower-based WCF is filed with the Township, the Township shall notify the WCF applicant in writing of any information that may be required to complete such application (i.e., the requirement for a special exception approval from the Zoning Hearing Board).
(b) 
Upon submission to the Township of the additional required information, the Township shall within 10 days notify the applicant if the application is now complete.
(c) 
All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF and the Township shall advise the WCF applicant in writing of its decision.
(d) 
If additional information was requested by the Township to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the one-hundred-fifty-day review period.
A. 
Grower/processor.
(1) 
A permit from the Pennsylvania Department of Health for the conduct of a medical marijuana grower/processor operation under PA Act 16[1] would be required as a condition of any zoning approval from the Township.
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
(2) 
The growing of medical marijuana can only be conducted by a "grower/processor" permitted under PA Act 16 and cannot be conducted separate from the processing activity.
(3) 
A grower/processor shall meet the same municipal zoning and land use requirements as other manufacturing, processing and production facilities that are located in the same zoning district, as well as any additional special standards applicable to this use as may be required under PA Act 16.
(4) 
A medical marijuana grower/processor use is not considered as an agricultural use, but rather as a manufacturing use.
(5) 
A grower/processor use may only be conducted in an indoor, enclosed, secure facility.
B. 
Medical marijuana dispensary.
(1) 
The dispensing of medical marijuana can only be conducted by a health care medical marijuana organization permitted under PA Act 16.[2]
[2]
Editor's Note: See 35 P.S. § 10231.101 et seq.
(2) 
A dispensary may only dispense medical marijuana in an indoor, enclosed, secure facility.
(3) 
A dispensary may not operate on the same site as a facility used for the growing and processing of medical marijuana.
(4) 
A dispensary may not be located within 1,000 feet of the property line of a public, private or parochial school or a day-care center.
(5) 
A dispensary may sell medical devices and instruments which are needed to administer medical marijuana.
(6) 
A dispensary shall meet the same municipal zoning and land use requirements as other commercial facilities that are located in the same zoning district, as well as any additional special standards applicable to this use as may be required under PA Act 16.
(7) 
Medical marijuana may only be dispensed to a patient who receives a certification from a practitioner and is in possession of a valid identification card issued by the Pennsylvania Department of Health under the requirements of Act 16.[3]
[3]
Editor's Note: See 35 P.S. § 10231.101 et seq.
In law quarters, an accessory apartment for relatives, shall be permitted as a conditional use subject to Board of Supervisors approval within the AP - Agricultural Preservation, R-1 — Low Density Residential, R-2 — Moderate Density Residential Zoning Districts for single-family detached dwellings subject to the following requirements:
A. 
An in-law quarter shall be considered an accessory living component or living area of a permitted single-family detached dwelling on an approved lot, which complies with the minimum and maximum dimensional requirements as well as the utility provisions, which are further specified by the appropriate zoning district to which the in-law quarter is located.
B. 
An in-law quarter shall only be utilized by relatives of the occupants of the residence.
C. 
The in-law quarters shall be occupied by a maximum of two people.
D. 
The in-law quarters can not be permitted a detached structure to the principal residence (guest house) or constructed above an existing or proposed detached garage.
E. 
The in-law quarters may not have a gross floor area in excess of 1,000 square feet of living space, which may include a living room, kitchen, bedroom and bathroom.
F. 
All utility provisions, including sewage disposal and water supply, that serve the in-law quarters shall be physically connected to those systems serving the principal residential dwelling. The applicant shall provide the Township evidence that the property is serviced by public water and sewer or that the existing on-lot sewage disposal system and well have sufficient capacities to accommodate the principal building plus the in-law quarters. Where appropriate, the Township Sewage Enforcement Officer shall review the existing and proposed utility connections.
G. 
In addition to the number of off-street parking spaces required for a single-family detached dwelling, a minimum of one additional off-street parking space shall be required for the in-law quarters.
H. 
Upon construction of the in-law quarters, the Zoning Officer shall issue a zoning permit, which shall be reviewed every two years to determine compliance the requirement of this section.
I. 
Upon the abandonment of the in-law quarters as an accessory use in compliance with the requirements of this section, the area occupied by the in-law quarters must be converted back to common living space with the principal use. An in-law quarters which no longer provides residence for family relatives, cannot be subsequently rented out as an apartment unit.
A. 
Statement of intent. The purpose of this section is to provide development and design standards for cluster developments containing single-family detached dwelling units. It is the intent of these standards to:
(1) 
Provide an optional approach to community development with provisions to permit more efficient utilization of land and of community facilities and services.
(2) 
Encourage innovative single-family residential land development that will conserve open space and environmental amenities.
(3) 
Protect environmentally sensitive areas from development pressures.
B. 
Development and design standards.
(1) 
Eligibility.
(a) 
Cluster developments containing single-family dwelling units are permitted by conditional use in the Low-Density Residential (R-1) and Moderate-Density Residential (R-2) Zoning Districts.
(b) 
The development shall contain a minimum contiguous land area of four acres.
(c) 
The development shall be serviced by public sewage disposal facilities and by a public water supply system.
(d) 
A minimum of 50% of the gross area of the development shall be set aside as common open space. No more than 50% of the common open space shall be located on lands designated as floodplain, wetlands, or steep slope areas.
(2) 
Density specifications.
(a) 
A cluster development shall not exceed the overall gross residential density that is conventionally permitted for development within the Low-Density Residential (R-1) and Moderate-Density Residential (R-2) Zoning Districts.
(b) 
The area that is not utilized for development shall be set aside as common open space.
(3) 
Comprehensive planning considerations.
(a) 
The development shall be designed with regard to the topographic and natural features of the site. The effects of prevailing winds, seasonable temperatures and hours of sunlight on the physical layout and design of the development shall be considered by the developer.
(b) 
All natural features (lakes, streams, topsoil, knolls, basins, trees and shrubs) should be preserved and incorporated into the final landscaping of the development whenever possible and desirable. The finished topography of the site shall adequately facilitate the development without excessive earthmoving and neglect for the natural amenities.
(c) 
The development shall provide a buffer/planting screen along the property lines at the periphery of the development to protect the privacy of the adjacent residents. The planting screen shall be consistent with the standards specified under § 220-64, Landscaping, of this chapter.
(d) 
The proposed residential dwelling units located within the development should not be located along existing roads within the Township and/or along any proposed interior collector street. This provision may be waived by the Township if the applicant demonstrates that the design options are limited based on physical development constraints.
(4) 
Area, yard and height regulations. Each of the following maximum and minimum dimensional requirements shall apply to single-family detached units within a cluster development, except as specifically provided for in this chapter:
Minimum Regulations
Lot area
8,000 square feet
Lot width
70 feet
Building setback
40 feet
Rear yard
30 feet
Side yard
total
20 feet
One side
10 feet
Common open space (development)
50%
Buffer yard depth (development)
10 feet
Maximum Regulations
Building height
35 feet
Lot coverage
25%
Woodland extraction (development)
40%
(5) 
Supplementary regulations. All sections under Article XVI of this article shall apply as supplementary guidelines and specifications for cluster developments.
C. 
Open space.
(1) 
Requirements and specifications.
(a) 
A minimum of 50% of the gross area of the development shall be set aside as common open space. No more than 50% of the common open space shall be located on lands designated as floodplain, wetlands, or steep slope areas.
(b) 
The common open space shall be planned and located as a contiguous accessible area within the development.
(c) 
The common open space shall not include areas that have been devoted to roads, utilities easements and/or stormwater management facilities.
(d) 
Significant natural features shall be incorporated into the overall schematic of the design as common open space areas whenever possible.
(e) 
The area devoted to common open space shall be comprised of areas not less than 50 feet in width and shall not contain less than one contiguous acre of land. In addition, there shall be at least one designated common area within the development containing no less than 30% of the required open space.
(f) 
For all common open spaces, satisfactory written agreements approved by the Maidencreek Township Board of Supervisors shall be consummated for the perpetual preservation of the common open spaces.
(2) 
Management and maintenance.
(a) 
The developer of the cluster development shall make arrangements, provisions and/or agreements to insure that the common open space shall continue to be adequately managed and maintained.
(b) 
The developer of the cluster development shall have the following options for ownership, management and maintenance of the common open space:
[1] 
Retain ownership and responsibility for the management and maintenance; or
[2] 
Dedicate the land to a homeowner's association which is comprised of all the residents of the cluster development; or
[3] 
Dedicate the land to the Township. The Township shall have the option to accept or refuse the land offered dedication.
(c) 
If the common open space is dedicated to a homeowners' association, the developer shall file with the Township and acceptable declaration of covenants and restrictions that will govern the association.
D. 
Administration and review. Cluster development shall be planned, designed and constructed in accordance with all pertinent procedures, provisions, standards and specifications that are identified in this article and Maidencreek Township Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 190, Subdivision and Land Development.
Hospital facilities are permitted as conditional uses within the Local and Regional Commercial (C-1 and C-2) Zoning Districts, and are subject to the following additional provisions.
A. 
A minimum lot area of 10 acres shall be provided.
B. 
Any such establishment providing convalescent care or care for the chronically sick shall provide an additional lot area of not less than 1,000 square feet per bed in use for such long-term care. For the purpose of this section, "long-term care" shall mean care in excess of one month.
C. 
Such use shall take access from collector or arterial highways only. A traffic impact study shall be required for review by the Township prior to approval of the conditional use.
D. 
Care shall be taken to locate emergency and service entrances where they are not offensive to adjoining neighbors.
E. 
A buffer yard of 25 feet is required in addition to provisions of § 220-64, Landscaping, of this chapter.
F. 
Parking in accordance with § 220-61 of this chapter. Parking areas must be adequately screened when situated within 50 feet of land zoned for or in residential use.
For purposes of this section, a library or museum, open to the public or connected with a permitted educational use and not conducted as a private gainful business, are permitted as conditional uses within the Local and Regional Commercial (C-1 and C-2) Zoning Districts, and are subject to the following additional provisions.
A. 
A minimum lot area of two acres shall be provided.
B. 
Care shall be taken to locate access for ingress and egress where they are not offensive to adjoining neighbors.
C. 
A buffer yard of 15 feet is required in addition to provisions of § 220-64, Landscaping, of this chapter.
D. 
Parking in accordance § 220-61 of this chapter. Parking areas must be adequately screened when situated within 50 feet of land zoned for or in residential use.
General agricultural uses, as defined in § 220-11 of this chapter and as described below, are permitted by right in all zoning districts except High-Density Residential (R-2a), Village Density Residential (R-3), and Multifamily Residential (R-4).
A. 
General agricultural standards.
(1) 
Agricultural uses shall be conducted on a farm which shall be a minimum of three acres in size.
(2) 
Animal husbandry uses shall be limited to the following:
Area in Contiguous Acres
Animal Equivalent Units Per Acre(s)
3 to 5
0.5
More than 5 to 25
1.5
More than 25 and above
2.0
Uses exceeding an animal density greater than specified above shall be considered an intensive agricultural use which is permitted by special exception in the Agricultural Preservation (AP) Zoning District only, and are subject to § 220-88 of this chapter.
(a) 
Not withstanding anything to the contrary, no agricultural structure housing animals shall be located closer than 150 feet to any property boundary.
(b) 
All grazing or pasture areas utilized for this purpose shall be fenced.
(c) 
No slaughter area or manure storage shall be established closer than 150 feet from any property line.
(3) 
The display and sale of farm products shall be permitted provided that at least 50% of the quantity of products for sale has been produced from seed or seedlings on the property on which they are offered for sale. The sale of farm products shall be conducted in a structure or stand which shall not be located closer than 50 feet from the center of any road and 75 feet from the center of an intersection. The road leading into the parking area must exceed 75 feet from the center of the intersection. In addition, all off-street parking and access driveway shall be designed in accordance with § 220-61 of this chapter.
(4) 
General agriculture standards: animal units per acre (0.5, 1.5, 2.0):
Number of Acres
Animal Units
Cattle
(1,200 pounds/animal)
Swine
(300 pounds/ animal)
Sheep/Goats
(200 pounds/ animal)
Poultry
(4 pounds/ animal)
Rabbits
(5 pounds/ animal)
1
0.5
0.4
1.7
2.5
125
100
3
0.5
1.3
5.1
7.5
375
300
4
0.5
1.7
6.8
10
500
400
5
1.5
6.25
(1.25 cattle/acre)
25
(5 swine/acre)
37.5
(7.5 sheep/acre)
1,875
(375 poultry/acre)
1,500
(300 rabbits/acre)
8
1.5
10
40
60
3,000
2,400
10
1.5
12.5
50
75
3,750
3,000
15
1.5
18.8
75
112.5
5,625
4,500
20
1.5
25
100
150
7,500
6,000
24
1.5
30
120
180
9,000
7,200
25
2
42.5
(1.7 cattle/acre)
167.5
(6.7 swine/acre)
250
(10 sheep/acre)
12,500
(500 poultry/acre)
10,000
(400 rabbits/acre)
30
2
51
200.1
300
15,000
12,000
60
2
102
400.2
600
3,000
24,000
90
2
153
600.3
900
45,000
36,000
100
2
167
667
1,000
50,000
40,000
120
2
200.4
800.4
1,200
60,000
48,000
140
2
233.8
933.8
1,400
70,000
56,000
180
2
300.6
1,200.6
1,800
90,000
72,000
200
2
334
1,334
2,000
100,000
80,000
(5) 
All farm-related businesses shall also comply with the following standards:
(a) 
The applicant shall demonstrate that the farm business is compatible with the rural setting and will not unduly interfere with nearby residences and agriculture production activities.
(b) 
No more than a total of five full time equivalent nonresident employees of the farm parcel shall be employed by the farm-related business.
(c) 
The farm-related business shall occupy an area no greater than a maximum of 20,000 square feet.
(d) 
The maximum acreage devoted to a farm-related business (including the structure, parking, storage, and driveway if separate) shall be no more than three contiguous acres.
(e) 
Where practicable, farm-related businesses shall be conducted within an existing farm building.
(f) 
The maximum impervious lot coverage of a farm-related business shall not exceed 25% of the three acres.
(g) 
Any new building constructed for use by the farm-related business shall be:
[1] 
Located no less than 50 feet from all property boundaries.
[2] 
Meet current front setback requirements.
(h) 
Off-street parking shall be provided per § 220-61 of this chapter. The length of any access drive shall be sufficient to accommodate delivery and customer vehicles.
(i) 
Any outdoor storage of supplies, materials or products shall be located no closer than 50 feet from all property boundaries.
(j) 
One outdoor sign shall be permitted for a farm-related business. Such signs shall be erected so as not to interfere with safe ingress, egress and regress and shall be subject to the provisions of § 220-62 of this chapter.
(k) 
Composting and other farm waste storage facilities shall not be permitted within 150 feet of any property line and 200 feet from a stream or waterway.
(6) 
Greenhouse uses.
(a) 
Greenhouse uses shall not exceed a maximum of 50,000 square feet for the entire operation but shall be subject to the acreage scale below:
Area in Contiguous Acres
Allowed Square Feet of Growing Area Under Cover
Up to 3
1,000 square feet per acre
3 to 15
1,500 square feet per acre
15 to 25
2,000 square feet per acre
(b) 
When retail sales to the general public are part of such operation, the provisions of § 220-87A(5) related to farm-related business shall apply.
(c) 
A traffic and off-street parking plan shall be provided at the time of application to allow maneuverability, parking, and loading of deliveries, supply trucks, or other similar vehicles as well as compliance with the other parking provisions contained in § 220-61 of this chapter.
(d) 
Greenhouse structures shall be included in the impervious coverage of the tract whether or not the cover material is permanent.
(e) 
Prior to commencing operations, the applicant shall obtain an approved erosion and sedimentation control plan approved by the Berks County Conservation District.
(f) 
The applicant shall also take all reasonable steps to employ practices and takes all reasonable actions to conserve water and employ best management practices when feasible based upon soil types and conditions.
Intensive agricultural uses, as defined in § 220-11 of this chapter and as described below, are permitted by right in the Agricultural Preservation (AP) Zoning District. A building permit shall only be issued upon satisfactory proof of full compliance with all the following provisions.
A. 
Intensive agricultural activities shall include the following:
(1) 
A concentrated animal operation (CAO) in excess of two animal equivalent units per acre of land suitable and available on the farm for manure application on an annualized basis.
(2) 
A concentrated animal feeding operation (CAFO) where 250 or more animal equivalent units (AEU) are housed inside buildings or confined feedlots.
B. 
All lots for such uses shall have a minimum size of 25 acres, unless a larger size is required elsewhere in this chapter.
C. 
No more than three persons not related to the family operating the use shall be housed on the lot.
D. 
All buildings and structures designated for the use of any regulated activity shall be painted and maintained in good condition.
E. 
A fence shall be maintained around all areas in which animals are kept outside of buildings.
F. 
No intensive agricultural use shall be located closer than 1,000 feet for swine, mink and duck and 500 feet for all other animals from any property boundary line unless a lesser distance is permitted by Act 6[1] or any other applicable state law.
[1]
Editor's Note: See 3 Pa.C.S.A. § 501 et seq.
G. 
Agricultural activities that exceed the density specified under § 220-87A(2) (General agricultural standards) shall be construed as intensive agriculture.
H. 
The raising and ownership of horses, cattle, swine, sheep, goats, poultry, rabbits, or similar animals shall be based on the following chart:
Area in Contiguous Owner Areas
Maximum Animal Units Per Acre
25 to 50
3
More than 50
5
I. 
A nutrient management plan shall be prepared and approved under the guidelines of Title 25, Chapter 83, Subchapter D, Pennsylvania Code for all proposed intensive agricultural uses. The approved nutrient management plan shall be submitted to the Township with the building application.
J. 
A stormwater management plan shall be prepared in accordance with the Township's Stormwater management ordinance[2] for all proposed intensive agricultural uses.
[2]
Editor's Note: See Ch. 182, Stormwater Management.
K. 
The applicant shall obtain a review by and receive recommendations from Pennsylvania State University Cooperative Extension Service, Berks County and follow all recommendations not inconsistent with this chapter.
L. 
A conservation plan shall be approved by the Berks County Conservation District for all proposed intensive agricultural uses. The approved conservation plan shall be submitted to the Township with the building application.
M. 
A buffer plan shall be required for all proposed intensive agricultural uses, to include plantings that will prevent or substantially reduce visibility, sound, and odor from the operation consistent with recommendations from the Pennsylvania State University Cooperative Extension Service, Berks County. The plan is to be submitted with building plans.
N. 
A site plan for buildings, manure structures, etc., to include sizes of structures, prevailing winds, distance to neighbor's building, boundaries, vegetation shall be submitted for review by the Zoning Officer when application for building permit is submitted.
O. 
Solid and liquid wastes shall be disposed of in a manner to prevent insect or vector problems for surrounding properties. All intensive animal operations shall develop a fly abatement plan which shall be submitted with the building application.
P. 
The applicant shall show that they can meet the standards as may be set forth in treatises recognized by agricultural authorities or as the same may be produced by the Pennsylvania Department of Agriculture, Department of Environmental Protection, Pennsylvania State University, College of Agricultural Sciences, or similar entity. These shall include "Best Practices for Environmental Protection in the Mushroom Community," "The Environmental Standards of Production for Large Pork Producers in Pennsylvania" and others as they are developed.
Q. 
No discharges of liquid wastes and/or sewage shall be permitted into a reservoir, sewage or storm sewer disposal system, holding pond, stream or open body of water, or into the ground unless the discharges are in compliance with the standards approved by the local, state and/or federal regulatory agencies.
R. 
Any and all intensive agricultural uses and activities are required be reviewed by the Berks County Conservation District (BCCD). Applicant must submit a copy of the BCCD's approval letter at time building plans are submitted.
S. 
The applicant shall prepare and show the ability to comply with an odor abatement plan. Recognition must be given that certain agricultural activities do produce odors, but the applicant shall show that odors can be reduced to a minimum or abated. The plan of the applicant shall show that such steps as may be necessary to abate odors or to allow odors at times that there would be minimal interference with neighbors will be taken.
T. 
The applicant shall handle solid and liquid waste in the manner that will avoid creating insect or rodent problems or public nuisance, and will demonstrate that the application thereof to the land will be within the standards as may be set by the federal or state regulatory agencies.
U. 
The applicant shall also show that the use of pesticides will be within standards as may be set by the federal or state regulatory agencies.
V. 
No intensive agricultural buildings can be built in the one-hundred-year floodplain.
W. 
Intensive agriculture standards: animal units/acre (2.5):
Number of Acres
Animal Units
Cattle and Horses
(1,200 pounds/animal)
Sheep/Goats
(200 pounds/ animal)
Swine
(300 pounds/ animal)
Poultry
(4 pounds/ animal)
Rabbits
(5 pounds/ animal)
1
2
1.7
10
6.8
500
400
10
2
17
100
68
5,000
4,000
20
2
34
200
136
10,000
8,000
24
2
40
240
163.2
12,000
9,600
25
5
105
(4.2 cattle/acre)
625
(25 sheep/acre)
417.5
(16.7 swine/acre)
31,250
(1,250 poultry/acre)
25,000
(1,000 rabbits/acre)
40
5
66
1,000
666.8
50,000
40,000
80
5
332
2,000
1,333.6
100,000
80,000
100
5
415
2,500
1,667
125,000
100,000
140
5
581
3,500
2,333.8
175,000
140,000
180
5
747
4,500
3,000.6
225,000
180,000
200
5
830
5,000
3,334
250,000
200,000
240
5
996
6,000
4,000.8
300,000
240,000
280
5
1,162
7,000
4,667.6
350,000
280,000
300
5
1,245
7,500
5,001
375,000
300,000
Animal hospitals, veterinary facilities, and kennels (commercial) are permitted by right in the Agricultural Preservation (AP) Zoning District. Additionally, animal hospitals and/or veterinary facilities that do not have any outdoor pens to house animals are allowed by special exception in the Local Commercial (C-1), Regional Commercial (C-2), and Special Intensified Activities (SIA) Zoning Districts and as a conditional use in the Industrial (I) Zoning District. Animal hospitals, veterinary facilities and kennels (commercial) are subject to the following provisions.
A. 
All buildings in which animals are housed shall be located at least 150 feet from all lot lines or existing center of a road.
B. 
All facilities shall comply with all applicable state codes and regulations.
C. 
Kennels (commercial) shall be located on a property which is no less than four acres in size.
D. 
Outdoor pens, feed yards, and runs shall be a minimum of 150 feet from any property boundary and 300 feet from any existing neighboring residence.
E. 
A buffer yard of 15 feet shall be required, sufficient to completely screen the operation from all adjoining properties, and shall be planted prior to the commencement of operations.
F. 
The potential effect of noise shall be considered in the approval of this use. Soundproofing materials may be required, sufficient to meet the noise requirements of this chapter, along all property lines which abut adjacent residential use(s) or residential zoning district(s).
G. 
Parking: One off-street parking space for each employee plus one space for each 200 square feet of sales/office/treatment facility area.
H. 
Signs shall be in compliance with § 220-62 of this chapter.
I. 
Lighting shall be in compliance with the most recent Township Lighting Ordinance.
J. 
No dogs shall be permitted outside of an enclosed structure or fenced pen between the hours of 9:00 p.m. and dawn.
A. 
No more than six such pets shall be kept under the permanent care of the occupants.
B. 
No animal shelter or runs shall be located closer to the property or street line than the minimum yard requirements specified for the principal use.
C. 
A noncommercial kennel may be established only as an accessory use.
D. 
Except for the sale of young animals born to pets kept under the permanent care of the occupants, no animals shall be sold or offered for sale on the property.
A riding academy is a permitted use by right in the Agricultural Preservation (AP) Zoning District. A riding academy use is subject to the provisions of § 220-87, General agricultural use regulations of this chapter, as well as subject to the following provisions.
A. 
Minimum lot area shall be 10 acres.
B. 
Any building or structure used for the keeping or raising of horses shall be situated not less than 100 feet from any street line or property line.
C. 
The maximum impervious surface area shall be 3%.
D. 
Parking: One off-street parking space for every three persons present at such facilities when they are filled to capacity (or one space for every three stalls) plus one additional off-street parking space for each employee.
E. 
Horse trailer parking or storage shall be provided in a designated off-street area.
F. 
Parking for horse shows, demonstration clinics, or any other horse-related activities must be provided off-street.
A. 
Any and all dangerous, exotic animals, particularly those classified as wild, carnivorous and/or predatory as defined in § 220-11, including but not limited to bears, lions, tigers, ocelots, cougars, chimpanzees, venomous snakes, alligators, crocodiles and other dangerous animals are banned and restricted from any residency in the residential zoning districts of the Township (AP, R-1, R-2, R-2a, R-3, R-4, and C-R Zoning Districts).
B. 
Any and all animals utilized in shows and menageries shall be housed in a humane manner and displayed in a manner which prohibits their noxious or dangerous contact with the public.
C. 
Circuses, shows, fairs, zoological gardens, research programs, and large animal veterinary centers, and state-licensed breeders and dealers are exempted from said ban, supra, so long as they shall conform to and/or exceed any and all applicable state and federal law/regulatory licensing and inspection requirements, as well as all applicable Maidencreek Township regulations as contained in Subsection B above, pertinent to safe housing and display requirements.
Bed-and-breakfast uses are permitted by right in the Commercial-Residential (C-R) and Local Commercial (C-1) Zoning Districts and are permitted as a conditional use with approval from the Board of Supervisors within the Agricultural Preservation (AP) Zoning District. Bed-and-breakfast uses are subject to the following provisions.
A. 
The minimum lot size shall be two acres for three guest rooms and one additional acre for each additional guest room, up to a maximum of five guest rooms.
B. 
There shall be no separate kitchen or cooking facilities in any guest room. Food served to guests on the premises shall be limited to breakfast and afternoon tea only.
C. 
The maximum uninterrupted length of stay at a bed-and-breakfast shall be seven days within a three-month period.
D. 
One off-street parking space shall be provided for each guest room, plus one space for each employee and two spaces for the owners of the property. The off-street parking spaces shall be located either to the rear of the main dwelling or screened from the roadway.
E. 
There shall be no use of show windows or display or advertising visible outside the premises to attract guests or otherwise, other than a single, nonilluminated sign which may not exceed six square feet.
F. 
At least one full bathroom shall be provided for the first guest room, plus one bathroom for each two additional guest rooms. The living quarters for the owner-residents shall have their own separate and additional bathroom facilities.
G. 
The bed-and-breakfast use shall be conducted by family members of the resident owner-occupant. Nonresident employees shall be limited to two in addition to the resident family members.
H. 
No more than two adults and two children may occupy one guest room.
I. 
The utilization of any amenities provided by the bed-and-breakfast inn, such as a swimming pool or tennis courts, shall be restricted in use to the owners and the guests of the bed-and-breakfast inn.
J. 
A permit issued for a bed-and-breakfast inn shall have a life of one year. The permit shall be renewed annually upon application by the owner and payment of the annual fee provided in the Township Fee Schedule, and provided also that the Zoning Officer has inspected the facility and found it to be in compliance with the provisions of this chapter.
K. 
The bed-and-breakfast use may not be established until there is compliance with all Township ordinances, rules and regulations. The bed-and-breakfast will be periodically inspected by the Fire Marshall for compliance with all Township safety standards. All Department of Labor and Industry requirements must be satisfied, and proof thereof shall be required for the bed-and-breakfast permit or renewal thereof.
(1) 
Sewage disposal methods shall conform with the requirements of the Pennsylvania Department of Environmental Protection and/or Township Authority rules and regulations.
(2) 
Proof of an adequate water supply must be provided to the Township. If the proposed bed-and-breakfast use is to be served by a public water system, the applicant shall submit documentation from the servicing authority that the proposed use will be served. If the use is to be served by a private well, the applicant shall submit water testing documentation from a DEP-certified testing laboratory confirming a potable water supply.
L. 
The total number of bedrooms (resident and guest) in the bed-and-breakfast shall not exceed the number of bedrooms which the on-lot sewage system is designed to accommodate. If the proposed bed-and-breakfast use is to be served by a public sewage disposal system, the applicant shall submit documentation from the servicing authority that the proposed use will be served.
Group home facilities are permitted as a conditional use with approval from the Board of Supervisors within the R-4 Multifamily Residential Zoning District. Group home uses are subject to the following provisions.
A. 
Purpose and intent: This use is to encompass living arrangements for a group of persons who might otherwise be confronted with institutionalization. The purpose of this use is to create a setting which most nearly approximates traditional familial living arrangements for handicapped, elderly, disabled persons and others. The intent of this use is to offer persons facing institutionalization an alternative whereby they can be placed in a family setting as nearly normal as possible, and thereby enter into the mainstream society. Groups contemplated by this use include, but are not limited to, group homes for the mentally handicapped, physically handicapped, emotionally handicapped and elderly. However, this use does not include group homes for ex-convicts or halfway houses. Due to the fact that it is the intent of this use to create traditional familial living arrangements, all group home structures should have the appearance of single-family or other traditionally residential structures.
B. 
The number of persons living in a group home, including caregivers, shall not exceed 10 in number unless each resident has 150 square feet of floor space per person for sleeping quarters. In addition to the foregoing, group homes shall comply with the requirements for total living space pursuant to Chapter 101, Uniform Construction Codes, Township Code, as amended. It is the intent of this chapter that any number in excess of 10 persons actually residing at the subject premises would tend to decrease the familial concept and detract from effective family interaction and would tend to create an institutional atmosphere. Personal care boarding homes in excess of eight residents and licensed by the State Department of Public Welfare shall be governed by § 220-85 of this chapter.
C. 
A group home must be sponsored and operated by an organization or corporation licensed by either the county or the state. Proof of compliance with all applicable county, state or federal regulations and the name, address and telephone number of the responsible contact person with the sponsoring organization shall be furnished to the Township with the zoning permit application and shall thereafter continuously be maintained and updated.
D. 
A minimum lot size of 1 1/2 acres shall be provided.
E. 
Parking: One off-street parking space per employee on the largest shift plus one visitor parking space plus one space for accessory vehicle. Provisions should be made, and shown on any plans, for the addition of four extra parking spaces. These extra parking spaces shall be required to be constructed if the Township Supervisors decide at a future time that the existing spaces are insufficient to handle the needs of the particular group home use. Said parking spaces shall be constructed so that no more than two spaces appear in the front yard, thereby confining the remainder of the parking to the rear and side yards. The maximum number of parking spaces allowed for any particular group home use is 1 1/2 spaces per resident in said group home.
F. 
Buffering requirements:
(1) 
Parking areas shall be visually screened from adjacent properties via an evergreen planting screen subject to Township approval.
(2) 
Side and rear yard areas shall be planted in accordance with § 220-64, Landscaping, of this chapter.
(3) 
Street trees shall be installed along all streets where suitable trees do not exist.
(4) 
All plant material, size, species, genus, caliper, and arrangement shall be in accordance with the Township Subdivision and Land Development Ordinance, Chapter 190, Township Code.
G. 
No kitchen facilities shall be located in any bedroom.
H. 
Any medical or counseling services provided shall be done only for residents of the group home.
I. 
The sewage facilities of all group homes must be serviced by a public sewer system. The applicant shall submit documentation from the servicing authority that the proposed use will be served.
J. 
The water supply of all group homes must be serviced by a public water system. The applicant shall submit documentation from the servicing authority that the proposed use will be served.
K. 
No group home shall be constructed within a one-mile radius of any other group home.
L. 
A plan for security of the premises shall be prepared if the facility is a transitional home.
M. 
Twenty-four-hour supervision shall be provided at all transitional and personal care facilities by staff qualified by the sponsoring governmental agency.
Boarding and rooming house uses are permitted by right in the C-R Commercial-Residential Zoning District, and are permitted as a special exception with approval from the Zoning Hearing Board within the C-1 Local Commercial Zoning District. Boarding and rooming house uses are subject to the following provisions.
A. 
Purpose and intent: This use is to encompass living arrangements for a group of nontransient persons who are not related, such as roomers, boarders or lodgers with or without common eating facilities, but not including personal care boarding homes or similar facilities licensed by the State Department of Public Welfare.
B. 
Buildings used as boarding homes may not use rooms smaller than 150 square feet for lodging tenants.
C. 
The boarding home must maintain the appearance of a single-family home.
D. 
The boarding home shall be owner-occupied.
E. 
No more than one person or couple shall inhabit a single room.
F. 
No kitchen facility shall be located in any bedroom.
G. 
A minimum lot size of 1 1/2 acres shall be provided.
H. 
A boarding home may lodge a maximum of six guests.
I. 
One off-street parking space shall be provided for each bedroom.
J. 
The boarding or rooming home use may not be established until there is compliance with all Township ordinances, rules and regulations. The boarding or rooming home will be periodically inspected by the Fire Marshal for compliance with all Township safety standards. All Department of Labor and Industry requirements must be satisfied, and proof thereof shall be required for the boarding or rooming home permit or renewal thereof.
(1) 
Sewage disposal methods shall conform with the requirements of the Pennsylvania Department of Environmental Protection and/or Township Authority rules and regulations.
(2) 
The total number of bedrooms (resident and tenant) in the boarding or rooming home shall not exceed the number of bedrooms which the on-lot sewage system is designed to accommodate. If the proposed boarding or rooming home is to be served by a public sewage disposal system, the applicant shall submit documentation from the servicing authority that the proposed use will be served.
(3) 
Proof of an adequate water supply must be provided to the Township. If the proposed boarding or rooming home is to be served by a public water system, the applicant shall submit documentation from the servicing authority that the proposed use will be served. If the use is to be served by a private well, the applicant shall submit water testing documentation from a DEP-certified testing laboratory confirming a potable water supply.
K. 
The rooming or boarding house facility shall comply with all other Township ordinances.
L. 
Buffering requirements:
(1) 
Parking areas shall be visually screened from adjacent properties via an evergreen planting screen subject to Township approval.
(2) 
Side and rear yard areas shall be planted in accordance with § 220-64, Landscaping, of this chapter.
(3) 
Street trees shall be installed along all streets where suitable trees do not exist.
(4) 
All plant material, size, species, genus, caliper, and arrangement shall be in accordance with the Township Subdivision and Land Development Ordinance, Chapter 190, Township Code.
Church and similar places of worship uses are permitted by right in the CR, C-1 and I Zoning Districts; permitted as a special exception with approval from the Zoning Hearing Board within the AP Zoning District; and permitted as a conditional use within the R-1, R-2, R-2a, R-3 and R-4 Zoning Districts. Church and similar places of worship uses are subject to the following provisions.
A. 
A minimum lot size of two acres shall be provided.
B. 
Minimum lot width: 200 feet.
C. 
Minimum front yard: 75 feet.
D. 
Minimum side yard: 50 feet.
E. 
Minimum rear yard: 100 feet.
F. 
Buffer yard requirements of § 220-64 shall be met.
G. 
Parking requirements of § 220-61 shall be met. All parking areas shall be adequately screened when situated within 50 feet of land zoned for or in residential use.
H. 
Churches with an accessory cemetery shall additionally meet the provisions of § 220-97.
Cemetery uses are permitted as a special exception with approval from the Zoning Hearing Board within the AP Zoning District; and permitted as a conditional use within the R-1 and R-2 Zoning Districts. Cemetery uses are subject to the following provisions.
A. 
A minimum lot size of 10 acres shall be provided.
B. 
Minimum yards and setbacks shall be 100 feet.
C. 
Lot coverage of accessory buildings and parking facilities shall be no more than 10% to a maximum of five acres may be devoted to aboveground buildings or impervious surfaces not serving as burial markers or memorials.
D. 
No burial plots, structures or parking areas shall be located within the one-hundred-year floodplain.
E. 
No outside storage shall be permitted.
F. 
All structures open to the public shall be supplied with water and sewer and all utilities shall be placed underground.
G. 
Buffer requirements of § 220-64 shall be met.
H. 
A zoning permit shall be obtained on an annual basis.
I. 
Parking: One off-street parking space for each employee and one space for each three visitors in total capacity of the chapel. Parking areas must be adequately screened when situated within 50 feet of land zoned for or in residential use.
A. 
Public, parochial, or private schools providing elementary or secondary education and which do not primarily provide corrective, rehabilitative, or behavioral care or instruction are permitted by right in the Commercial-Residential (CR), Local Commercial (C-1), R/I Overlay District, Regional Commercial (C-2), and Industrial (I) Zoning Districts; and permitted by conditional use in the Residential (R-1, R-2, R-2a, R-3, R-4) Zoning Districts.
B. 
Schools providing corrective, rehabilitative, or behavioral care or instruction are permitted by right in the Regional Commercial (C-2) and Industrial (I) Zoning Districts.
C. 
Commercial or business schools are permitted by right in the Commercial-Residential (CR), Local Commercial (C-1), and Industrial (I) Zoning Districts.
D. 
School uses listed in Subsections A through C above are subject to the following provisions:
(1) 
Access for ingress and egress shall be taken from an arterial or collector highway. A traffic impact study will be required for review and approval by the Township.
(2) 
A buffer yard of 25 feet shall be required where abutting property is zoned for or in residential use.
(3) 
The following setbacks shall apply for any elementary or secondary school, public or private, and supersede setback requirements of the underlying zoning district:
(a) 
Minimum front yard: 75 feet.
(b) 
Minimum side yard: 100 feet.
(c) 
Minimum rear yard: 100 feet.
(4) 
Parking as provided in § 220-61. In addition, pickup and drop-off facilities for buses and/or motor vehicles shall be provided in addition to the required parking spaces. Interior traffic flow patterns for cars and buses shall be part of the traffic impact study required in Subsection A above.
A private airport or heliport facility is permitted in the Industrial (I) Zoning District as a use by special exception subject to the following provisions and with the approval of the Zoning Hearing Board.
A. 
In addition to the information required elsewhere in this chapter, the following information shall be submitted to the Zoning Hearing Board:
(1) 
A map of the lot indicating the runway/landing area, necessary approach zone and parking apron.
(2) 
A statement indicating the reasons for the need to utilize an aircraft and the flight experience of the applicant.
(3) 
A description of the type of aircraft to be used with its stated capacities.
(4) 
A statement of the intended use of the aircraft and prospective pilots.
B. 
The following standards shall be satisfied:
(1) 
There must be a setback called the lateral clear zone extending 500 feet from the centerline of the runway/landing area to any lot line.
(2) 
No aircraft other than one single-engine propeller-driven aircraft or three-seat helicopter shall be permitted.
(3) 
No application shall be approved which does not provide a runway of 1,500 feet, an approach zone of 1,000 feet and a parking apron of 1,000 feet.
(4) 
No activities shall be permitted by which any commercial use is made of the aircraft.
(5) 
Approval from the Federal Aviation Administration shall be received and all FAA regulations shall be adhered to.
(6) 
No night take-off or landings shall be permitted (dusk to dawn).
(7) 
No runway/landing area shall be paved or equipped with landing lights unless required by FAA regulations.
(8) 
The buffer requirements of § 220-64 of this chapter shall be met.
A temporary permit may be issued for the authorization of temporary structures or uses necessary during construction or other special circumstances of a discontinuing nature subject to the following requirements:
A. 
The time period of the initial permit shall be six months.
B. 
The temporary permit may be renewed for three-month time periods, up to and not exceeding one year.
C. 
Any temporary structure or storage container (example: PODS®) shall be located outside of the street right-of-way, intersection and/or driveway clear sight triangles, drainage swales and utility easements and cannot create a visual obstruction for vehicles using the public streets.
D. 
The temporary structure(s) shall be removed completely within 30 days of the expiration of the permit without cost to the Township.
Forestry/timber harvesting operations are a permitted use in all zoning districts in the Township subject to the following requirements:
A. 
Any forestry harvesting operation shall be undertaken in accordance with a forestry/timber harvesting plan approved by the Township as part of their zoning permit. All forestry harvesting plans shall be in compliance with the standards for forestry harvesting operations set forth herein. The Township may engage a professional with demonstrable expertise in forestry to review any submitted forestry/timber harvesting plan, all reasonable cost therefore to be borne by the applicant.
B. 
Any forestry/timber harvesting plan submitted to the Township for review and approval shall be consistent with the Timber Harvesting Guidelines of the Pennsylvania Model Forestry Regulations of the Penn State School of Forest Resources, as applicable, and shall include a plan or plans indicating the following information:
(1) 
The site location and boundaries of both the entirety of the property upon which the forestry/timber harvesting operation shall occur and the specific area proposed for forestry harvesting.
(2) 
Significant natural features on the property including steep slopes, wetlands, streams, existing vegetation, etc.
(3) 
The general location of the proposed operation in relation to municipal and state highways and any proposed access to those highways.
(4) 
Design, construction, maintenance and retirement of the access system, including haul roads, skid roads, skid trails, and landings.
(5) 
Design, construction, maintenance of water control measures and structures such as culverts, broad-based dips, filter strips, and water bars.
(6) 
Design, construction, and maintenance of proposed stream and wetland crossings.
C. 
Any permits required by any other agency under any applicable regulation shall be the responsibility of the landowner or forestry/timber harvesting operator as applicable. Copy of all required permits and a letter of adequacy from the Berks County Conservation District for the erosion and sediment control plan shall be submitted to Maidencreek Township at least 20 days prior to commencement of the forestry/timber harvesting operation.
D. 
The following management practices shall apply to all forestry/timber harvesting operations:
(1) 
Felling and skidding of trees shall be undertaken in a manner which minimizes damage to trees or other vegetation not intended to be harvested (e.g., successive limbing up the tree rather than felling in its entirety).
(2) 
Felling or skidding across any public thoroughfare is prohibited without the express written consent of the Township or PennDOT, whichever is responsible for the maintenance of said thoroughfare.
(3) 
Prior to initiating any forestry/timber harvesting operation, the applicant shall review with the Township Roadmaster the condition of any Township road, bridge or other public facility that will be used to transport log loads or that may otherwise be impacted by the forestry/timber harvesting operation, and shall provide the Roadmaster with a description of the gross vehicle weight, axle load, and size of vehicles to be used in the removal of the timber. The Township may require the posting of a bond or other approved security to cover potential damage to Township roads, bridges or other facilities.
(4) 
Slash or tops resulting from a forestry/timber harvesting operation shall be cut to a height of four feet or less and left on-site. The burning of slash shall be prohibited.
(5) 
No tops, slash or litter shall be left within 25 feet of any public thoroughfare or private roadway.
(6) 
Littering resulting from a forestry/timber harvesting operation shall be removed from the site or otherwise dealt with as approved by the Township.
(7) 
Township representative(s) shall be permitted access to the site of any forestry/timber harvesting operation before, during or after active timber harvesting to review, inspect and ascertain compliance with the provision of this chapter.
A. 
Permitted locations, installation standards and fuel limitations:
(1) 
Permitted locations:
(a) 
Outdoor furnaces are only permitted on parcels under single ownership of no less than two acres in size and only permitted for a single primary or accessory use on that parcel. Additional lot size may be required to meet other requirements of this section depending upon placement of the outdoor furnace on the property.
(b) 
Outdoor furnaces shall not be permitted to be operated in any zone within the municipality except the AP, and R-1 Zoning Districts.
(c) 
All outdoor furnaces shall be located on the property in compliance with manufacturer's recommendations and or testing and listing requirements for clearance to combustible materials.
(d) 
All outdoor furnaces shall be located not less than 100 feet from the nearest adjacent property line(s).
(e) 
Outdoor furnaces are to be installed in structures not intended for habitation by humans or domestic animals.
(2) 
Standards for the installation of any outdoor furnace, in addition to any manufacturer's recommended installation requirements, shall also require the following:
(a) 
The owner of any new outdoor furnace shall submit a copy of the manufacturer's owner manual or installation instructions as part of their permit application to the Township for installation of any outdoor furnace.
(b) 
All new outdoor furnaces shall be laboratory tested and listed to appropriate safety standards such as UL, CAN/SA, ANSI or other applicable safety standards.
(c) 
Any new outdoor furnace shall be installed upon a nominal six-inch-thick permanent, reinforced concrete pad in such dimension so as to allow a minimum of six inches of exposed surface area along the perimeter of the pad.
(d) 
The height of a smokestack must be a minimum height of 15 feet or a height exceeding two feet in elevation higher than any adjacent structure, building or wall that is within 100 feet of the location of the outdoor furnace, whichever is greater. The smoke stack must be securely anchored so as to eliminate the possibility of collapse.
(e) 
In the case where an outdoor furnace is located within 300 feet of any residence not served by the outdoor furnace the chimney height of the outdoor furnace shall extend at least two feet above the peak of said adjoining residence.
(f) 
All storage of materials being burnt in the outdoor furnace shall be neatly stacked and/or stored under cover and free from insects (termites, ants, etc.) or any type of disease-carrying rodents.
(g) 
Installation of any electrical or plumbing apparatus or device used in connection with the operation of an outdoor furnace shall be in conformity with all applicable electrical and plumbing codes and, in the absence of such code, in conformity with the manufacturer's installation specifications.
(3) 
Only natural (untreated) wood, wood pellets, coal, heating oil, natural gas, corn products, kerosene or wood specifically permitted by the manufacturer in writing may be burned in outdoor furnaces. Fuel substances prohibited for combustion in an exterior furnace installation shall include industrial waste, treated lumber, railroad ties, rubber, plastic, biomass pellets, used motor oil, toxic chemicals, contaminated waste, yard waste, household garbage, cardboard and wastepaper, animal waste and any material prohibited for combustion by federal or state statute.
(4) 
No outdoor furnace shall be utilized in any manner as a waste incinerator.
(5) 
To the fullest extent required by federal or state statutes, rules, regulations and in accordance with the manufacturer's specifications, the installation, maintenance and use of any outdoor furnace, as herein defined, shall be installed, maintained and generated in conformity therewith.
(6) 
This section shall in no way be construed nor is the same intended to prohibit the installation, operation or use of exterior chimneys, stove pipes or similar contrivances that are otherwise in conformity with other federal or state laws, rules or regulations constituting any part of any interior furnace system or interior stove system or operation, or any system located within the principal use on a property that provides the exhaust of waste heat, smoke or similar substances from interior spaces.
B. 
Storage/disposal of waste material:
(1) 
Storage and disposal of ashes or waste from the use of an outdoor furnace shall be accomplished in accordance with all laws of the Commonwealth of Pennsylvania, all regulations of the Department of Environmental Protection and all other Departments of the Commonwealth of Pennsylvania, and all ordinances of Maidencreek Township, Berks County, Pennsylvania.
(2) 
Ashes or waste shall not be accumulated in a large area on the property. Any large accumulation of ashes or waste must be disposed of weekly with a trash or private hauler.
C. 
Replacement, reconstruction or repair of existing outdoor furnaces:
(1) 
If an outdoor furnace is found as a result of Township inspection physically deteriorated or decayed to the point that the repair cost exceed more than 50% of the cost of a new unit, the appliance must be removed and/or replaced with a new unit and the new unit must comply with all of the regulations listed in this chapter.
D. 
Regulations for existing outdoor furnaces:
(1) 
An existing outdoor furnace would be one that was installed prior to the effective date of this zoning amendment.
(2) 
Existing outdoor furnaces are not subject to § 220-102A(1) and § 220-102A(2)(a) through (e). Existing outdoor furnaces are subject to all other requirements of this Chapter.
(3) 
If an existing outdoor furnace within Maidencreek Township is replaced by the owner or operator thereof, the replacement outdoor furnace shall comply with all provisions as required for any new outdoor furnace application.
(4) 
All outdoor furnaces are required to meet emission standards currently required by the United States Environmental Protection Agency (USEPA). Emission standards currently required by USEPA are hereby adopted by reference together with any amendments made to them in the future.
(5) 
All outdoor furnaces shall be operated and maintained in strict conformance with the manufacturer's instructions and the regulations promulgated hereunder shall apply unless the manufacturer's instructions are stricter, in which case the manufacturer's instructions shall apply.
(6) 
If there is an existing outdoor furnace already installed and there is new construction of a residence not served by the outdoor furnace within 300 feet of such outdoor furnace, then the owner of such outdoor furnace shall conform to the stack height requirement listed above within 30 days of the date of such construction is complete and upon written notice from the Township Zoning Officer.
(7) 
If an existing outdoor furnace is, through the course of a proper investigation by Township code officials, creating a verifiable nuisance, as defined by local or state law, the following steps shall be taken by the owner:
(a) 
Modifications made to the unit to eliminate the nuisance such as extending the chimney or relocating the outdoor furnace or both.
(b) 
Cease and desist operating the outdoor furnace until reasonable steps can be taken to ensure that the outdoor furnace will not be a nuisance.
E. 
Permit required. No outdoor furnace shall be located on any property in the Township without first obtaining a permit from the Township's Building Code Official upon an application provided to the Township and appropriate permit fees paid in full to the Township.