Township of Williams, PA Part 14 ADDITIONAL REQUIREMENTS FOR SPECIFIC USES

§ 27-1401 Applicability.

[Ord. No. 2020-01, 1/6/2020]

A. This Part establishes specific requirements for certain specific uses, in addition to the sign, parking, environmental, and other general requirements of this chapter Parts 15, 16, and 17, respectively, and the particular requirements of each zoning district. Whenever two requirements conflict, the stricter requirement shall apply.

B. For uses allowed within a specific zoning district as a "special exception" or a "conditional use," see the procedures of Part 1. These procedures list a set of additional standards to which special exception and conditional uses will be subject.

§ 27-1402 Additional Requirements for Specific Principal Uses.

[Ord. No. 2020-01, 1/6/2020]

A. Each of the following uses shall meet all of the following requirements for that use:

(1) Adult Uses (this is limited to the following: Adult Bookstore, Adult Movie Theater, Massage Parlor, or Cabaret).

(a) No such use shall be located within 500 linear feet of any primary or secondary school, place of worship, public park, day-care center, child nursery, library, LDR, MDR or LC Zoning District, or any site marked as a proposed future park location on the Township's Official Map.

(b) No such use shall be located within 1,000 linear feet of any other existing adult bookstore, adult movie theater, massage parlor or cabaret.

(c) A forty-foot buffer yard shall be provided, regardless of zoning district, along all side and rear lot lines in accordance with Part 13, but with plantings having an initial minimum height of five feet instead.

(d) No obscene or pornographic material or words shall be placed in view of or visible by persons who are not inside of the building(s) that contain the use. Definite and specific precautions shall be taken and put into place to prohibit minors from entering the premises, and prominently on the premises.

(e) Prior to receiving approval of the use, the applicant must prove to the satisfaction of the Board of Supervisors that such use would not in any way adversely affect the character of the surrounding area, including property values.

(f) No such use shall house, allow, permit, or tolerate for any activity that violates any federal, state or Township law, statute, rule, ordinance and/or regulation. Any violation of any such law, statute, rule, ordinance, and/or regulation involving a criminal offense of which the operator or occupant of the use has continuing actual knowledge and allows, houses, permits, or tolerates to occur shall be sufficient reason for the Township to withdraw and revoke any zoning permit.

(g) All signs shall comply with requirements of this chapter; see especially § 27-1711, Signs Prohibited in All Districts.

(h) No such adult use shall be allowed or permitted in combination with the sale of alcoholic beverages, nor will anyone be allowed to furnish their own alcoholic beverages on the same premises.

(i) The use shall not involve activities that constitute violation of the Act of 1977, November 5, P.L. 221, No. 68, S 1 et seq., as amended (18 Pa.C.S.A. § 5903) relating to display, sale, lending, distribution, or exhibiting of obscene and other sexual material. The term "obscene" as used in this chapter shall be defined in the same manner and as broadly inclusive as allowed by the United States Constitution.

(j) Adult uses are specifically prohibited in all zoning districts except the GI (General Industrial) Zoning District (Part 11) hereof.

(k) A minimum lot area of two acres is required for each adult use.

(l) Any private viewing booths shall not be completely enclosed, shall be limited to one person or occupant per booth, and shall be subject to supervision by an employee of the use.

(m) No adult use may include live actual or simulated sex acts.

(n) Only lawful massages as defined by Pennsylvania law shall be performed in a massage parlor.

(o) All employees in a massage parlor or adult movie theater shall wear nontransparent or opaque outer garments that cover all of their "specified anatomical areas," as defined by Part 2 of this chapter.

(p) Specified sexual activities as defined in Part 2 of this chapter shall not be house, allowed, permitted or tolerated in any adult use or membership club.

(2) Adult Day-Care Center.

(a) Shall obtain and maintain all required federal and state licenses and permits.

(b) Shall include constant supervision of clients or patients during all hours of operation.

(c) Shall not be related to rehabilitation of convicted felons, treatment of the criminally insane, or the treatment of serious drug or alcohol addiction.

(3) Airport, Private Airstrip, or Heliport.

(a) A minimum lot size of 25 acres shall be required for an airport or private airstrip.

(b) For a heliport, a minimum lot size of two acres shall be required in an LI/B or GI Zoning District or 20 acres in any other zoning district.

(c) Runways shall be oriented to minimize the hazards and disturbances to adjacent areas and uses caused by or resulting from aircraft during takeoff and landing.

(d) The site and its design shall be approved by the Pennsylvania Bureau of Aviation before the zoning permit is issued.

(e) The expected flight paths must be such that a noise hazard, effect or impact in excess of the standards set forth in Part 15 of this chapter will not be created to existing residences or approved residential developments.

(f) The end of any runway shall be a minimum of 1,000 feet and the landing pad of a heliport shall be a minimum of 300 feet from any existing principally residential use or approved residential development which the applicant for the airport or heliport does not own or have an option to purchase.

(g) The Zoning Hearing Board may place such necessary and reasonable conditions on the use to carry out the objectives of this chapter. These conditions include limiting the types and size of aircraft, the hours of operations, the number of flights and the general direction of approach or departures. However, the Zoning Hearing Board shall not place any conditions on the use that will seriously threaten the safety of the operations.

(h) These requirements also apply to a heliport as an accessory use, per the special standards in § 27-1403E(10).

(4) Ammunition Manufacture.

(a) Manufacture shall be limited to only ammunition containing smokeless powder and not black powder.

(b) Proprietor shall be fully licensed by the state and federal governments and their respective agencies, as required.

(c) Facility shall comply with National Fire Protection Association 495, Explosive Materials Code.

(d) Facility shall comply with off-street parking regulations at Table 16.1, Subsection F2, relating to industrial uses (other than distribution and warehousing) and wholesale sales.

(e) Retail sales, including without limitation limited retail sales pursuant to Williams Township Ordinance 2013-4, shall be prohibited.

(5) Animal Cemetery.

(a) All the regulations for a "cemetery" in this section shall apply.

(b) The applicant shall prove to the satisfaction of the Zoning Hearing Board that the use will be conducted in such a manner that the public health and groundwater quality will not be threatened or affected.

(c) Any and all applicable statutes, laws, ordinances, and regulations of the federal government, the Commonwealth of Pennsylvania and Williams Township shall be followed.

(6) Animal Hospital/Veterinary Office.

(a) A minimum lot size of at least two acres shall be required for animal hospitals treating small animals (such as dogs, cats, birds or snakes). A minimum lot size of at least three acres shall be required for those animal hospitals routinely treating large animals (such as cattle, horses, or pigs).

(b) All buildings in which animals are housed or provided care shall be located at least 100 feet from all lot lines. Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot lines.

(c) Outdoor animal runs may be provided for small animals provided that the runs are at least 200 feet from any existing dwelling.

(d) A commercial for-profit kennel and/or boarding facility shall only be an accessory use and not a principal use.

(7) Animal Husbandry.

(a) The use shall be conducted on lot at least 10 acres in size.

(b) No new barns, animal shelters, stables, feed yards, or manure storage areas shall be located closer than 150 feet from any dwelling (except the dwelling of the owner or lessee of the use), LDR or MDR District boundaries, existing restaurants and from existing office uses, and no closer than 200 feet from all exterior property lot lines.

(c) No additions to existing barns, animal shelters, stables, feed yards, or manure storage areas shall be located closer than 200 feet from any property lines, LDR or MDR Zoning District boundaries, or dwellings (except the dwelling of the owner or lessee of the use).

(d) Any area used for the keeping of animals or livestock shall be separated from any lot line of an existing residence, or any lot line within a LDR or MDR District, by a fence.

(8) Auditorium, Commercial.

(a) A forty-foot buffer yard in accordance with Part 13 shall completely separate the building and all off-street parking areas from any lot line of any residential use or LDR or MDR District.

(b) A commercial auditorium shall have a minimum lot size of five acres.

(c) The structure of a commercial auditorium with a capacity of 300 or more person shall be set back a minimum of 300 feet from the lot line of any residential use or any LDR or MDR Zoning District boundary line.

(9) Auto Repair Garage.

(a) All major repair, welding, sanding, and paintwork and power tool work shall be performed within an enclosed building, with a ventilation system that is directed away from any adjacent dwellings.

(b) All reasonable efforts shall be made to prevent or minimize noise, odor, vibration, light, or electrical interference to adjacent lots.

(c) Outdoor storage of autos and other vehicles shall not occur within the paved area setback, nor closer than 20 feet from any residential lot line.

(d) Overnight outdoor storage of auto parts and junk shall be prohibited.

(e) No "junk vehicle" (as defined by Part 2) or demolished inoperable vehicle shall be stored within view of any public street or any dwelling for a total of more than 10 days.

(f) Service bay doors shall not face any abutting properties in the abutting LDR or MDR Zoning Districts.

(g) A use that is primarily intended to serve trucks with six or more wheels shall have a minimum lot area of three acres, areas used for repairs, fueling, and servicing of such vehicles shall be setback a minimum of 200 feet from all existing residential lot lines and residential zoning district boundaries.

(10) Auto, Boat or Manufactured Home Sales.

(a) No vehicle, boat or manufactured home on display shall occupy any part of the existing or future street right-of-way required parking area, or any paved area setback that is required by Part 16.

(b) Auto, boat or manufactured home sales uses shall comply with light and glare standards in § 27-1514 of this chapter.

(c) Auto service station.

[1] See definition in Part 2, and definition of "auto repair garage."

[2] All activities shall be performed within a completely enclosed building except those necessary to be performed at the fuel or air pumps.

[3] Fuel pumps shall be at least 25 feet from any existing or future street right-of-way.

[4] No vehicle parts or dismantled vehicles shall be visible from any public street or dwelling.

[5] No "junk vehicle" (as defined by Part 2) or demolished inoperable vehicle shall be stored within view of any public street or a dwelling for more than a total of 10 days.

[6] All automobile service stations and any facility dispensing gasoline or diesel fuel for purchase or sale shall have the ability or capacity to serve a minimum of four cars simultaneously, and shall contain adequate waiting area for four additional cars lined up behind cars within the service area, without any obstruction to traffic. Where such facility is located within a larger parking area or shopping center, the facility shall include a traffic flow design that provides safe internal traffic patterns within such larger parking area, as well as safe ingress and egress to adjacent streets, so as to minimize conflicts between vehicles and between vehicles and pedestrians.

[7] A use that is primarily intended to serve trucks with six or more wheels shall have a minimum lot area of three acres. Areas used for fueling and servicing shall be setback a minimum of 100 feet from all existing residential lot lines and residential zoning district boundaries.

[8] Any canopy over the fuel pumps must be located outside of the minimum front yard setback, and may be detached or attached to the building.

[9] The canopy maximum height is 25 feet, and all canopy lighting shall be installed so that no fixtures are visible from any road or beyond the lot line.

[10] This use may be combined with commercial car wash or auto detailing [refer to § 27-1402A(16)] and/or convenience stores [refer to § 27-1402A(20) hereof below].

(11) Boarding House.

(a) The use shall be located on lot at least two acres in size.

(b) The minimum setback from all lot lines is 40 feet.

(c) The minimum lot width is 200 feet.

(d) The maximum density is three sleeping rooms or six persons per acre, whichever is greater.

(e) Each sleeping room shall be limited to two persons each.

(f) A twenty-foot-wide buffer yard with screening meeting the standards § 27-1304D shall be provided between any boarding house building and any abutting single-family detached dwelling that is within 100 feet of the proposed boarding house building.

(g) A minimum of 400 square feet of interior floor space per resident shall be provided.

(h) The maximum number of residents per boarding house is 20.

(i) Standards for "personal care centers," which is a separate use, shall be observed.

(j) Signs shall be limited to two wall signs (as defined by Part 17) with a maximum of two square feet each.

(k) Sleeping rooms shall be rented for a minimum period of seven consecutive days.

(12) Bottling Plant.

(a) The bottling plant shall use a Public Utilities Commission public water system that is licensed and permitted by PADEP and holding a certificate from the Public Utilities Commission.

(b) The bottling plant shall use a sewage disposal system that is licensed and permitted by PADEP and holding a certificate from the Public Utilities Commission in accordance with § 27-1510 that is licensed and permitted by PADEP.

(13) Bus Station or Taxi Terminal.

(a) Shall be on a lot with access available to but need not abut or front an arterial street, without causing the vehicle traffic to or from the use to pass through a primarily residential area.

(b) Shall provide an area for the loading and unloading of buses that is separate from required (daily or longer-term) off-street parking areas, and also a separate area (short-term stopping, standing, or parking) for pick-up and drop-off of persons from private vehicles.

(14) Campground.

(a) No sleeping quarters or tent sites shall be located within the 100-year floodplain.

(b) There shall be a maximum average of either: two recreational vehicle sites; five family tent sites; or cabin sleeping capacity for six persons, per acre of total lot area.

(c) Maximum impervious coverage shall be no more than 10%.

(d) Township approved potable water and sewage disposal systems shall be provided.

(e) All campground developments shall have a minimum total land area of not less than 10 acres.

(f) No camping site may be occupied on a permanent basis. Campsites shall be used for temporary or seasonal recreation use only.

(g) The design of the campground shall conform to the current requirements of the Pennsylvania Department of Environmental Protection for Travel Trailer Parks and this chapter, whichever is more stringent. The applicant shall submit proof of approval of the proposed plan by the Department of Environmental Protection before the plan will be considered for final approval by either the Planning Commission or Board of Supervisors.

(h) Campsites shall be set back a minimum of 50 feet from any exterior property line, and shall be screened from adjacent properties by buffer plantings.

(i) Campgrounds must be the primary use of a site, not an accessory or second primary use. A caretaker's residence is considered part of the primary use.

(15) Cemetery.

(a) The minimum lot area shall be two acres.

(b) All structures and graves shall be setback a minimum of 30 feet from any lot line of an abutting residential use or any abutting residentially zoned lot, 20 feet from the future right-of-way of any public street, and 10 feet from the cartway of any internal driveway.

(c) No gravesites shall be located within the 100-year floodplain as defined in § 27-1507.

(16) Commercial Car Wash or Auto Detailing.

(a) Traffic flow and ingress-egress routes and driveways shall not cause traffic hazards on adjacent streets.

(b) On-lot traffic circulation channels and parking areas shall be clearly marked.

(c) Adequate provisions shall be made for the proper and convenient disposal of refuse and solid waste.

(d) Water used in the operation shall not be deposited or flow or be discharged into any waterways. Centralized sewage disposal facilities and centralized recirculating water supply facilities shall be provided.

(e) Water dripping off cars from the car wash operation shall not flow onto sidewalks or streets, to prevent hazards from ice.

(f) Any car wash that is located within 200 feet of an existing dwelling shall not operate between the hours of 10:00 p.m. and 7:00 a.m.

(g) Any hazardous materials that may be detrimental to aquatic life shall be stored within an area with a secondary containment that will completely contain any leaks or spills.

(h) Operation, design, and construction of the car wash are required to meet all federal, state and Township requirements.

(i) To allow for adequate stacking of waiting customers, three marked parking stations per manual car wash bay shall be provided, and eight marked parking stations per automatic car wash bay shall be provided.

(j) Water used in the car wash shall be recycled and reused to the maximum practical.

(17) Commercial Crop Storage.

(a) Any indoor storage shall not occur in ways that create a risk of an explosive hazard. Measures to contain and suppress the accumulation or spread of dust or vapors, sources of ignition, and fire shall be installed and utilized to the maximum extent practicable.

(18) Commercial Indoor and Outdoor Recreation.

(a) No outdoor recreation area shall be located closer than 30 feet from the lot line of any abutting dwelling.

(b) No loudspeaker or amplifying device shall be permitted which will project audible sound beyond the lot lines of the property.

(c) No lighting shall be permitted which will directly shine on or be visible from adjacent property.

(d) Uses involving outdoor activities shall provide sufficient screening and/or landscaping measures to mitigate any visual or audible impacts on adjoining properties.

(e) The proposed commercial indoor and outdoor recreation use applicant shall furnish expert evidence which shows that the proposed use and mitigation measures will not be detrimental to the use or values of adjoining properties due to hours of operation, noise, light, litter, dust and/or pollution.

(19) Convenience Store.

(a) Fuel sales may be permitted as an accessory use and shall comply with all requirements of "auto service station" as set forth in § 27-1402A(10) hereof (above) for such fuel sales.

(b) Access onto public rights-of-way shall be controlled so that there are distinct driveway access points for ingress and egress and no continuous access is permitted along the frontage.

(c) Outdoor storage and displays of merchandise or signs not related to the use are prohibited.

(d) Connection to public or central sewer and water systems is required.

(e) Parking shall be adequate for the retail use.

(20) Conversions to Residential Use and Conversions Increasing the Number of Dwelling Units.

(a) All state fire safety requirements shall be met.

(b) Any on-lot septic system shall be recertified if the sewage flows will expand or increase, and be in accordance with the provisions of § 27-1510. The converted use shall not have an occupancy or capacity that is anticipated to create or generate sewage flows greater than the recertified capacity of the on-lot sewage disposal system.

(c) The following regulations shall apply to the conversion of an existing single-family detached dwelling into a greater number of dwelling units:

[1] The building shall maintain the appearance of a single-family detached dwelling with a single entrance on the side facing the front yard. The dwelling units may internally share the single front entrance. Additional entrances may be placed on the side facing the side or rear the structure.

[2] The conversion shall not be permitted if it would require the placement of an exterior stairway on the side facing the front yard of the building, or would require the placement of more than three off-street parking spaces in the required front yard.

(d) A previously residential building shall maintain a clearly residential appearance.

(e) Separate cooking and sanitary facilities shall be provided for each dwelling unit.

(f) Off-street parking lots with three or more spaces shall be buffered from abutting dwellings by evergreen screening meeting the requirements of § 27-1304.

(g) Any trash container shall be screened from the view from either a public street or abutting dwelling.

(h) See also additional requirements for accessory uses for "Accessory Apartment Within an Existing Single-Family Detached Dwelling" at § 27-1403E(1).

(i) A site plan of the conversion's location shall be submitted to the Zoning Officer.

(j) To be considered a conversion, any proposed alteration must be confined to the interior of an already existing structural shell.

(k) Any proposal to extend the sides or increase the height of an existing structure shall not be considered a conversion, and shall instead be required to meet the appropriate provisions established in that district for that particular use.

(21) Crop Storage. See "commercial crop storage."

(22) Cultural Center/Community Center.

(a) Community center may include an outdoor play area, provided such areas are located in yard areas, and provide adequate separation, safety, and protection from adjoining properties and roadways. The play area shall be 30 feet minimum from the lot line of any abutting dwelling.

(b) Hours of outdoor activities shall be limited to the hours of between 8:00 a.m. and sunset.

(c) Any outdoor lighting shall be directed away and not visible from adjoining residential uses.

(d) The community center shall provide adequate and accessible closed trash disposal containers.

(23) Day-Care Center/Nursery School.

(a) See also "day-care center/nursery school" as an accessory use to a residential use in § 27-1403E(5), and as "accessory uses permitted by right in certain zoned districts which permit by-right commercial industrial, and institutional uses" in § 27-1403D(1)(d)[1].

(b) The use shall comply with all applicable county, state, and federal laws and regulations, including but not limited to having an appropriate Pennsylvania Department of Public Welfare registration, certificate, or license.

(c) Convenient parking spaces complying with the requirements of Part 16 shall be provided for vehicles delivering and waiting to pick up children.

(d) In residential districts, the use shall have a minimum lot area of 1,500 square feet for each child (other than children of the operator) cared for at any one time.

(e) The operation and design shall include adequate measures to ensure the safety of children from traffic or other nearby hazards. A secure fence shall surround any outside play area at least three feet high.

(f) Outside play areas in residential districts shall be limited to use between the hours of 8:00 a.m. and 8:00 p.m. if located within 200 feet of any dwelling.

(g) No portion of an outside play area shall be 30 feet or less from the lot line of an existing abutting dwelling, without the written consent of the owner of such dwelling.

(h) A nursery school or day-care center may be located in a building that also contains one dwelling unit. This use shall not be conducted in a dwelling that is physically attached to another dwelling.

(i) In residential districts, any permitted day-care center shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood.

(24) Drive-In (Outdoor) Theater.

(a) Any outdoor theater shall be on a lot abutting and with ingress and egress to an arterial street or collector street (as defined on the Official Street Classification Map).

(b) An outdoor theater shall have a lot area of at least eight acres.

(c) The movie screen shall be situated so that its face is not visible from a public arterial or collector street.

(d) The movie screen and any building shall be located at least 100 feet from any dwelling.

(e) Traffic lanes to exit the use shall provide space to accommodate at least 25% of theater capacity.

(f) A playground and snack shop are permitted as accessory uses.

(g) Pornographic, obscene or sexually explicit films shall not be shown.

(h) The theater shall not project images or conduct sales between the hours of 12:00 midnight and 8:00 a.m. on Monday through Friday and from 2:00 a.m. to 8:00 a.m. on Saturday and Sunday.

(i) All audio from the shows shall be broadcast only through individual speakers inside each vehicle and building, and shall not be audible off the premises.

(24.1) Electric Vehicle Charging Station — Level 3.

[Added by Ord. No. 2022-03, 8/10/2022]

(a) Public EVCS must be reserved for parking and charging electric vehicles and shall include signage indicating the reservation.

(b) The requirements of Chapter 27, Part 16, Off-Street Parking and Loading, § 27-1603, Design Standards for Off-Street Parking, shall be met for public EVCS.

(c) Level 3 EVCS shall be maintained in all respects, including the functioning of the equipment. A phone number or other contact information shall be provided on the equipment for reporting when it is not functioning, or when other problems are encountered.

(d) The property owner is permitted to collect a service fee for the use of an EVCS made available to visitors of the property.

(e) Site lighting shall be provided where an EVCS station is installed unless charging is only permitted during daylight hours.

(f) Battery charging station outlets, connector devices, and other electric vehicle infrastructure shall meet all applicable codes and regulations.

(g) Adequate battery charging station protection, such as concrete-filled steel bollards, shall be used. Curbing may be used in lieu of bollards if the battery charging station is set back a minimum of 24 inches from the face of the curb.

(h) Information shall be posted identifying voltage and amperage levels and any time of use, fees or safety information related to the EVCS.

(25) Emergency Services Station.

(a) The Board of Supervisors may require that adequate mitigation measures be taken to avoid frequent and severe noise conflicts or impacts with any nearby residences.

(b) The station shall have adequate and safe access onto a public street, and shall be on or within 1/4 mile of a collector or arterial street.

(c) The station shall be sited only after and in accordance with an adequate study of long-term emergency station needs of all emergency services providers in the Township.

(26) Essential Services. See standards in § 27-1403.

(27) Fast Food Restaurant or any Drive-Through Service.

(a) Trash or Garbage Container Screening. See § 27-1514. Outdoor trash receptacles shall be placed at convenient locations for patrons, at intervals of not more than 50 feet.

(b) If drive-through service is provided, two outdoor menu boards may be provided (in addition to the signs otherwise permitted) with a maximum sign area of 24 square feet each. Letters on such signs shall not be visible from beyond the lot line. Sound from speakers at the drive-through service shall not be audible at any residential dwelling or zoning district.

(c) A traffic study shall be prepared in accordance with the provisions of the SALDO,[1] except for any element waived by the Board of Supervisors.

[1] Editor's Note: See Ch. 22, Subdivision and Land Development.

(d) Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.

(e) A statement shall be filed setting forth full particulars on the operation to include, but not be limited to, any needed approvals of the Pennsylvania Departments of Health, and Labor and Industry, when applicable.

(f) A litter pick-up on the site and on public streets within 100 feet of the site shall be conducted not less than once during each day of operation, and a written record of same kept for inspection and verification by the Township.

(g) The lot shall be surrounded by a buffer yard with a fence or vegetative screening at least initially four feet in height to a height of six feet within three years.

(28) Financial Institution: Any drive-up window(s) and waiting lanes shall be located and have capacity for a sufficient number of vehicles to ensure that traffic conflicts and hazards are avoided within the site and along the streets and highways adjoining the use.

(29) Fireworks Sale.

(a) Sale of all fireworks including Pennsylvania legal fireworks to non-Pennsylvania residents shall be accomplished in accordance with Pennsylvania law.

(b) Hours of operation shall be confined to 9:00 a.m. to 10:00 p.m.

(c) All land development plans for construction, use or renovation of an existing building for the purpose of selling fireworks shall be reviewed by the Code Enforcement Officer for compliance with the requirements of NFPA 1124, and all required fire safety codes, including, but not limited to, the International Fire Code, and the Code Enforcement Officer's comments and/or report shall be copied to the Township-designated fire company(ies). Storage areas shall be separated from wholesale or retail sales areas to which a purchaser may be admitted by appropriately rated fire separation. The facility shall have a monitored burglar and fire alarm system.

[Amended by Ord. No. 2022-9, 12/14/2022]

(d) Any sale of fireworks shall be conducted within an approved and inspected permanent building.

(e) Such use shall be a standalone, permanent structure, shall not be located within 2,500 feet of any premises selling firearms or another facility licensed to sell consumer fireworks, and shall be located no closer than 300 feet from a facility selling or dispensing gasoline, propane, or other flammable products.

[Added by Ord. No. 2022-9, 12/14/2022]

(f) Quarterly fire drills and preplanning meetings shall be conducted as required by the primary fire department.

[Added by Ord. No. 2022-9, 12/14/2022]

(30) Funeral Home. Minimum lot area is two acres.

(31) Geothermal Systems. All geothermal systems shall comply with the specifications in § 27-1403E(9).

(32) Golf Course.

(a) A golf course shall be certified by Audubon International.

(b) The course shall be designed so that golf balls are highly unlikely to enter public streets or property that is not part of the golf course. A dense screen of arborvitae or similar evergreen vegetation shall be planted along the exterior lot lines and permitted to grow to a height of not less than 20 feet for a minimum distance of 200 linear feet on each side of the tee box.

(c) A clubhouse, retail sales of golf supplies, and/or restaurant may be permitted as an accessory use, if located a minimum of 300 feet from any exterior lot line.

(d) A tent or membrane structure may be permitted as an accessory to the original structure providing it contains no more that 30% of the floor area in square feet of the primary structure. In addition, all requirements for parking, sewer, water, and Health Department shall be met prior to occupancy.

(e) Minimum lot area is 20 acres.

(f) Any outdoor lighting shall be located, designed, and constructed in such a way that the lighting is not easily visible from adjacent dwellings.

(g) Maximum building coverage is 5%.

(h) Maximum impervious coverage is 10%.

(i) Fairways, greens, and sand traps shall be setback a minimum of 100 feet from the lot line of any existing dwelling or residential zoning district.

(j) The golf course shall be designed to remain on one side of any public right-of-way, and to not require patrons to cross any public road during the course of play.

(33) Group Home.

(a) See definition in Part 2.

(b) No individuals whose tenancy or presence in the group home would constitute a direct threat to the health or safety of other individuals or would result in substantial physical damage to the property of others may reside at the group home.

(c) The residents of the group home must meet the definition of "family" in § 27-202, meaning that:

[1] The residents of the group home must function as a common household.

[2] No more than one unrelated, handicapped individual per bedroom may reside at the group home.

[3] The number of bedrooms of the group home must not exceed the number of bedrooms approved on the sewage permit for the property.

(d) The group home and the legal entity operating the group home must remain licensed, compliant, and in good standing with any and all applicable federal and state licensing authorities. Proof of compliance with this provision must be provided to the Township annually, after any expiration or revocation of such license or permit and upon request not more frequently than once per year.

(e) Individuals trained in the medical specialties for which the group home is used shall provide around the clock supervision to the residents of the group home.

(f) A Township moving permit shall be required for any resident moving into or out of the group home. When applying for a moving permit for a resident who is moving into the group home, written certification shall be provided by a licensed physician or the legal entity operating the group home, certifying that the condition of each such resident moving into the group home meets the definition of "handicap" under the Federal Fair Housing Act, as amended. To the extent precluded by HIPAA or other applicable law, the individually identifiable health information of the resident shall not be required to be disclosed.

(34) Health Care Medical Marijuana Organization.

(a) Area and dimensional requirements:

[1] Minimum lot area: 25 acres.

[2] Maximum building coverage: 10%.

[3] Maximum impervious surface coverage: 25%.

[4] Minimum lot width: 200 feet.

[5] Minimum yards:

[a] Front: 100 feet.

[b] Side: 100 feet.

[c] Rear: 100 feet.

(35) Heliport. See "airport, private airstrip, or heliport" in this § 27-1402A(3).

(36) Hospital.

(a) At least two accessways or driveways with a minimum width of 20 feet each shall be provided from an arterial or collector street.

(b) Adequate measures shall be taken to avoid noise impacts from emergency sirens, truck deliveries, waste collection, etc., in the vicinity of a residential district.

(c) Hospital uses shall have a minimum lot size of two acres.

(d) Heliports shall not be permitted as an accessory use unless no noise impact on existing residences and residential districts can be shown.

(37) Hotel/Motel.

(a) Accessory uses to a hotel or motel that may be permitted are recreational facilities limited to guests of the use, and a standard restaurant.

(b) A hotel or motel shall serve only temporary short-term guests. Any building or structure that is routinely inhabited by any persons for periods longer than 30 days shall be considered to be a boarding house and regulated as such.

(c) A statement shall be shall be filed with the Township setting forth full particulars on the operation to be conducted and to include, but not be limited to, any needed approvals of the Pennsylvania Departments of Health and Labor and Industry, where applicable.

(38) Incinerators, Resource Recovery, and Similar Facilities.

(a) The site for an incinerator, resource recovery, or similar facility shall contain at least five acres for any facility with a capacity to treat or dispose of zero to 300 tons of waste per day. The size of the site shall be increased by two additional acres of land for each additional capacity of 100 tons per day, or fraction thereof, above 300 tons of waste per day.

(b) The site and facility shall comply with all applicable federal and state rules, regulations, and requirements and conditions of its permit or license, and in all cases the most stringent requirements shall apply.

(c) Only agricultural waste, municipal waste and residual waste may be processed, treated, or disposed of at the facility.

(d) Each facility shall be operated and maintained in such a manner as to prevent health hazards, environmental degradation, the attraction, harborage or breeding of insects, rodents, vermin, or vectors, and to eliminate conditions which create safety hazards or public nuisances, or which impose an undue burden upon the Township or its municipal services infrastructure.

(e) Access to a facility shall be limited in the following manner:

[1] Access to the site or facility shall be limited to within normal operating hours (herein defined), and attendants shall be present at the site during all operating hours.

[2] Gates or other suitable barriers shall be erected at all vehicular entrances or exits of the site to block access to the site or facility when it is not in operation.

[3] Normal operating hours shall be from 6:00 a.m. to 6:00 p.m. Monday through Friday and from 6:00 a.m. to 12:00 noon on Saturdays; provided, however, that incinerators, because of their nature, shall not be limited in the hours that the burning process may be conducted.

[4] Normal delivery hours shall be between 6:00 a.m. and 6:00 p.m. Monday to Friday and between 6:00 a.m. and 12:00 noon on Saturdays. No deliveries may be received at or shipped from the site outside the foregoing delivery times.

(f) Measures and procedures to prevent and minimize fire hazards shall be established and implemented or performed at the site or facility. Signs or posters summarizing such measures and procedures shall be prominently posted inside the building.

(g) The operation shall be conducted so as to prevent the dispersal or accumulation of any litter on or off the site.

(h) The site and surrounding public roads and property shall be monitored on a regular basis at least three times each week, to a distance of at least 100 feet from any lot line to retrieve and remove any litter which has accumulated upon or escaped to nonactive areas of the site and/or surrounding public roads or properties.

(i) The operator and/or owner of a facility shall take appropriate measures to ensure that all waste materials shall remain within the vehicles delivering wastes to the facility for treatment or disposal, and to promptly remove any such materials that may have dropped or fallen upon roads or neighboring properties.

(j) The operator and/or owner of a facility shall take appropriate measures to prevent the accumulation of mud, dirt, and/or dust on roads leading to the site from vehicles traveling to or from the site, and shall regularly and promptly remove any such mud, dirt, or dust from said roads and their shoulders.

(k) Lighting shall not produce a glare at the lot lines.

(l) All loading and unloading shall be conducted within the confines of a building. Buildings except incinerators shall be setback at least 100 feet from all street and property lines. Incinerators shall be setback at least 200 feet from all street and property lines.

(m) There shall be no storage of any waste materials, temporarily or otherwise, outside of buildings.

(n) No increase in noise level shall be created at the lot lines.

(39) Junk Yard.

(a) Storage of garbage, organic, biodegradable, or any hazardous material or substances prohibited.

(b) Outdoor storage of junk shall be at least 100 feet from any lot line and any public street.

(c) The site shall contain a minimum of two exterior points of access, each of which is not less than 20 feet in width.

(d) The site shall be completely enclosed by a forty-foot-wide buffer yard, which complies with § 27-1304. This buffer yard shall be between the road right-of-way and required fencing. The initial height of the evergreen planting shall be six feet.

(e) The burning or incineration of vehicles or junk shall be prohibited.

(f) All junkyards shall be completely surrounded by well-maintained and secure fencing, such as chain link, with a minimum height of seven feet, and gates that are locked when not in operation.

(g) No use shall produce noise or dust in violation of Part 15.

(h) The applicant shall prove to the satisfaction of the Zoning Hearing Board that adequate precautions will be taken to prevent the release, discharge, spilling, and/or seepage of oils, gasoline, grease or battery acid into the soil or water.

(40) Kennel.

(a) All buildings in which animals are housed and all runs shall be located at least 200 feet from all lot lines of existing residential uses and the boundaries of residential zoning districts.

(b) Buildings shall be adequately soundproofed, so that sounds generated within the buildings cannot be perceived at a lot line of a residentially zoned lot or dwelling, and shall comply with the noise standards of § 27-1510.

(c) No animal shall be permitted to use outdoor runs that are within 200 feet of an existing dwelling from 8:00 p.m. to 8:00 a.m.

(d) State laws regulating kennels shall be observed.

(e) A kennel may be used for breeding, and all kennel pens shall be located within an enclosed area.

(f) All hazardous materials, including pesticides and animal waste, shall be stored and disposed of in accordance with DEP regulations and stored outside of required setbacks, buffer areas, and the required isolation distance from wells.

(g) Minimum lot size for a kennel operation shall be three acres.

(41) Laundry/Laundromat. Centralized or public sewage disposal facilities and centralized or public water supply facilities shall be provided.

(42) Life Care Center.

(a) All of the requirements of the MDR Zoning District shall be met as a minimum. A life care center may be developed using the same density as would otherwise be permitted in the MDR Zoning District. However, a tract may also include a nursing home in addition to the permitted dwellings.

(b) The life care center may include facilities providing common retail needs and personal services. These facilities shall be limited to 2,000 square feet of floor area for every 50 dwelling units. These facilities shall be limited to use by residents and their occasional guests.

(c) The life care center may include a standard restaurant limited to the residents and their occasional guests.

(d) Any nursing home shall be intended to primarily eventually serve the residents of the life care center. A maximum of one nursing home bed is permitted for every three dwelling units.

(e) Common recreational area for residents may be provided, as well as administrative offices for the facility.

(f) A minimum of 20% of the tract shall be maintained as common open space. This area shall include walking paths and outdoor sitting areas.

(g) The following features are required throughout the project to protect health and safety of senior citizen residents. All features shall conform to the Uniform Building Code, as amended by the Commonwealth from time to time, for handicapped access, and in addition shall have:

[1] Handle or lever type spigots and doorknobs.

[2] Showers designed and constructed for wheelchairs, instead of or in addition to tubs in at least 30% of the units.

[3] Nonskid surfaces in tubs, showers and floors.

[4] Control of water temperature to avoid accidental scalding.

[5] Flush door entrance for wheelchair access.

[6] Emergency signal systems in bathrooms and bedrooms.

[7] Grab bars around all toilets and tubs. All grab bars and towel racks shall be made of noncorrosive metal and shall be able to support a weight or load of at least 250 pounds.

[8] All cooking stoves shall be electric.

[9] Stove burner controls shall be located in the front of the stove.

[10] Electric outlets shall be located at levels at least 24 inches above the floor or in accidence with building codes or ADA standards fro persons who are in wheelchairs or handicapped.

[11] All light fixtures shall be located on the walls at convenient levels, to avoid accidents that might otherwise occur in the repair of ceiling fixtures, or else able to be lowered to floor level.

[12] There shall be ramps conforming to ADA standards or elevators in addition to stairs for all floors intended or designated for access, use, or occupancy by residents in wheelchairs.

[13] All elevators shall have slow-closing doors with sensitive reopening mechanisms upon contact with appendages still in the doorway.

[14] Handrails shall be provided along all steps, hallways, ramps, and sloped walks, both indoors and outdoors.

[15] The number of units that are primarily or entirely on a single floor level at either a first floor or ground level should be maximized and not less than 50% of the total number of units.

(43) Medical Marijuana Dispensary. A medical marijuana dispensary may not be within 1,000 feet of another medical marijuana dispensary property line and must be more than 1,000 feet from the property line of any public, private or parochial school, and day-care center/nursery school.

(44) Mineral Extraction.

(a) The activities and residual effects of the use shall not create conditions that are significantly hazardous or otherwise significantly adverse to the value and customary use of adjacent properties. Adequate and reasonable protection shall be provided to adjacent uses and properties.

(b) The site shall be reclaimed in phases to a nonhazardous and environmentally sound state permitting one or more economically productive future uses and such that the mineral extracting activities and resulting post-extraction condition of the site will not result in environmental degradation of the surrounding area.

(c) Alongside all exterior lot lines that are within 300 feet of an area of excavation, a buffer yard covered by dense screening vegetation with a width of 60 feet (other than approved driveways) shall be required.

(d) Minimum lot size is 15 acres.

(e) Minimum setback from all exterior lot lines is 100 feet.

(f) Additional setbacks include: 200 feet from any publicly owned recreational land, school, place of worship, creek, river, lake, or wetland.

(g) Secure chain-link fencing at least seven feet in height shall surround all active areas of mineral extraction; all openings shall have gates that shall be locked when not in use.

(h) Noise and Performance Standards. See Part 15, which shall apply.

(i) A copy of all documents submitted to the Township regarding earth disturbance, and a soil erosion and sedimentation control plan shall be sent to the County Conservation District for review.

(j) The application shall be sent to the Township Engineer for a review, with the costs of such review paid by the applicant.

(k) Hydrogeological Study: refer to SALDO and its appendices.[2]

[2] Editor's Note: See Ch. 22, Subdivision and Land Development.

(l) The Zoning Hearing Board may reasonably limit the hours of operation of the use and of related trucking and blasting operations to protect the character of adjacent and affected areas. An initial presumption of reasonable hours (which may be altered by competent evidence) is from 7:00 a.m. to 6:00 p.m. daily except Sundays (Mondays through Saturdays).

(m) The Zoning Hearing Board shall consider the following information as provided by the applicant and any reviewers in determining whether a proposed mineral extraction use would adversely affect the public health and safety:

[1] The probable effect of the mining operation on the existing water table or confined aquifer;

[2] The probable effect of the mining operation on surface waters (the Board may require the applicant to prepare studies of the present water quality and quantity of surface and underground waters which may be affected by the proposed mining operation, and may receive other qualified and competent evidence on water quality); and

[3] The probable effect of blasting and other excavation methods upon other uses and properties in the vicinity.

(n) The applicant shall submit a complete copy of all application materials and a site plan as submitted to the Zoning Hearing Board to the Board of Supervisors and to the Planning Commission for review. The applicant shall also submit a copy to the Zoning Officer of all materials submitted to state agencies such as the PADEP Bureau of Mining.

(o) It is not the intent of this section to unlawfully preempt any federal or state law, regulation, or permit. Unless a preemption of this chapter exists or occurs, the most strict and least permissive requirements shall be in effect where a conflict might exist.

(p) State and Federal Permits. No mineral extraction use may begin, expand, or continue without having in effect all required state and federal permits, and being in compliance with all applicable laws, regulations, and conditions of said permits.

(q) Suitability of Streets.

[1] The applicant shall have the responsibility and burden of proof to demonstrate to the satisfaction of the Board that the public street system proposed to be used will be adequate for the amount of heavy truck traffic that is anticipated to be created.

[2] If the Board determines that the mineral extraction use would create unusually heavy truck traffic and that the existing public street system is inadequate to handle the proposed unusually heavy and noncustomary traffic, then the applicant may be required by the Board to fund such improvements to streets within 1/2 mile of the proposed mineral extraction use location as are reasonably necessary to handle the heavy truck traffic that will be generated, or to post such reasonable and necessary bonds to provide for any serious and extraordinary damage to the Township's public street system that may result from the use of Township streets by heavy trucks from the use. Such improvements shall be in direct relation and in proportion to the volume and weights of traffic generated by the use. Such improvements may be made in phases and may be handled through posting of bonds as provided by the Municipalities Planning Code for public improvements for subdivisions and land developments or other financial security.

[3] The Board may deny a mineral extraction application if the Board finds that the public streets would be physically unable to handle the heavy truck traffic, and if the applicant refuses to fund the improvements necessary to mitigate the effects and impacts of the applicant's additional volume and weights of traffic. The applicant shall not be responsible for the on-going or future routine maintenance of public streets.

(r) Application Requirements. Each application for a special exception for mineral extraction covering an area greater than one acre shall contain the following information, at minimum:

[1] Present uses of the land to be included in the requested permit.

[2] A location map (prepared by a registered professional surveyor) showing:

[a] The extent, dimensions, and proposed depth of the area to be excavated;

[b] Boundaries of land to be utilized by the mineral extraction operation, including the locations of:

(i) Storage sites for overburden;

(ii) Access and haulage roads;

(iii) Storage sites for equipment; and

(iv) Offices and other buildings and structures to be used in conjunction with the mining operation;

[c] Abutting and closest boundaries of adjoining lands owned by persons other than the applicant, and the existing uses of those adjoining lands;

[d] The location of all watercourses, bodies of water, public rights-of-way, public buildings, public recreation areas, or other public property on or within 400 feet of the boundaries of the tract, lot, or, parcel of land to be utilized by the mineral extraction operation.

[3] A development plan for the area to be utilized or affected by mineral extraction operation, prepared by a registered professional engineer or the professional geologist identifying, showing, and labeling:

[a] Proposed depth of the excavation;

[b] Location and quality of underground water known to be present on the site; and

[c] Location of known aquifers and the estimated elevation of each water table.

[4] A detailed land reclamation plan of the area to be excavated, showing:

[a] Proposed use or uses of the land following the mineral extraction operations;

[b] Proposed topography of land following the mineral extraction operations;

[c] Actions to be taken during mineral extraction to conserve and replace topsoil removed during mineral extraction operations;

[d] Reasonable financial and legal assurances and provisions that the applicant will be capable of reclaiming the land in accordance with the plan within a reasonable time after completion of the mineral extraction operations to be covered by the requested permit; and

[e] Such other information as the Zoning Hearing Board may require to determine whether the proposed use will comply with this chapter.

(s) Regulation of the Maximum Acreage Available for Mineral Extraction.

[1] Intent. To control the pace of mineral extraction operations in a manner commensurate with the Township's ability to promote orderly growth, to assimilate development activity created by mineral extraction operations and related activities, to provide necessary public services throughout the Township to assure adequate protection of life and property, to provide for coordinated and practical community development, to prevent overcrowding of land, blight, congestion in travel and transportation, loss of life or property from flood or other danger, to encourage expedient reclamation of mined lands, and to provide incentives for the reclamation of inadequately reclaimed lands.

[2] The total land affected by mineral extraction at any one time shall not exceed 100 acres on any lot, or any series of lots, owned by either one applicant, or closely related applicants. Any approval under this chapter shall be subject to a condition that this requirement shall be met at all times.

[3] Definition of "land affected by mineral extraction." All total land area at any point in time that has been recently or is currently being excavated, and/or has been recently or is currently being reclaimed or backfilled following prior extraction operations, and/or that contains waste or spoil piles from existing or prior mineral extraction activities, but shall not include any lands upon which the reclamation operations have been completed to the reasonable satisfaction of the Township and the County Conservation District.

[4] Documentation. The applicant shall be responsible to periodically document to the Board or Zoning Officer that the maximum area affected by mineral extraction is under 100 acres, request to provide such documentation by the Board or Zoning Officer, within 10 business days after receipt of such request.

(t) Unique or environmentally significant natural features, significant historic or architectural buildings or structures and sites, or public water supplies shall be protected from disruption or adverse effects or impacts from quarrying and/or mineral extraction activities.

(44.1) Manufactured Home.

(a) Manufactured homes shall be constructed in accordance with the Safety and Construction Standards of the U.S. Department of Housing and Urban Development, latest edition. These standards shall supersede the Uniform Construction Code.

(b) The site shall be graded to provide a level, stable, and well-drained area.

(c) All wheels, axles, and hitch mechanisms shall be removed after placement.

(d) The manufactured home shall be placed on a permanent foundation.

(e) The home shall be enclosed from the bottom of the home to the ground or stand using industry-approved skirting material compatible with the home.

(f) The home shall have a pitched roof instead of a flat roof.

(g) The home should be located with the longest side facing the public or private street.

(45) Manufactured Home Park.

(a) A minimum tract size of five acres is required, and a maximum overall density of not more than four homes per acre is permitted.

(b) Public or centralized sewer and water service shall be provided to each unit.

(c) A thirty-foot buffer yard shall be maintained around the perimeter of the site, in accordance with § 27-1304.

(d) Minimum separation between homes shall be not less than 20 feet.

(e) Setback distances measured from the future street right-of-way line shall be as follows:

[1] For arterial and collector streets: 40 feet.

[2] For local streets, or the cartway of a private street or court: 25 feet.

(f) A contiguous area that is suitable for active and/or passive recreation shall be provided, with a minimum area equal to 1,000 square feet per dwelling unit within the tract. Areas within the required perimeter setback shall not count as this recreation area. This area shall be developed as an active playground and level field suitable for free play, unless the development would be limited to persons over age 55, in which case gravel or paved trails at least four feet wide and appropriate landscaping trees shall be provided instead.

(g) Each unit shall comply with the requirements for manufactured home, in § 27-1402A(44.1) above.

(h) Manufactured home park may include as accessory uses an indoor recreation center for residents, a rental/management office, maintenance buildings for the park, a semipublic swimming pool, outdoor recreation courts and fields such as for basketball, baseball, soccer, etc., and an office for the sale of manufactured homes that will be placed on the tract.

(46) Motor Vehicle Race Track.

(a) The performance standards of Part 15, including §§ 27-1510 and 27-1513, shall be applied.

(b) Any area used for the testing, warm-up, racing, or repair, or any other operation of race vehicle engines shall be setback a minimum of 150 feet from the property line or boundary line of any lot used for a dwelling or residentially zoned land that is exterior to the tract that will be used for racing.

(c) Minimum lot area is 10 acres.

(47) Nursing Home.

(a) Licensing shall comply with the definition in Part 2.

(b) The use shall provide a minimum of 20% of the site suitable and developed for passive recreation. This area shall include lawn, landscaped, and planted or wooded outdoor sitting areas, and gravel or paved pedestrian walks at least four feet wide.

(c) The density shall not exceed more than one resident or bed per 500 square feet of total lot area.

(d) Principal and accessory buildings shall be setback a minimum of 50 feet from any lot line of an existing dwelling or undeveloped residentially zoned land, unless a more restrictive setback is required by another section, in which case the more restrictive shall apply.

(47.1) Parking Lot.

[Added by Ord. No. 2022-01A, 5/11/2022]

(a) The minimum lot area for a parking lot shall be one acre.

(b) Notwithstanding § 27-1402A(47.1)(a), the requirements of Chapter 27, Part 16, Off-Street Parking and Loading, § 27-1603, Design Standards for Off-Street Parking, shall be met.

(c) A motor vehicle may not be parked in a parking lot for longer than 12 hours in a twenty-four-hour period. There shall be no overnight parking.

(d) Parking of tractor trailers and box trucks shall not be permitted in a parking lot.

(48) Personal Care Center.

(a) The standards for nursing homes in this section at § 27-1402A(47) above shall apply.

(b) The "safety features" listed for life care centers within this section at § 27-1402A(42)(g) shall apply to a personal care center.

(49) Picnic Grove.

(a) No area within 300 feet of an existing dwelling shall be actively used between the hours of 9:00 p.m. and 7:00 a.m.

(b) The noise and glare standards in Part 15 shall be applicable.

(c) An approved on-lot sewage system or public or central sewer system is required.

(50) Place of Worship.

(a) The minimum lot size is two acres.

(b) Religious education rooms and meeting rooms that are used not more than three times per week are permitted accessory uses, provided that such uses and rooms are of such a size, character, and intensity that they are clearly customary and incidental to the place of worship. A day-care center/nursery school is also permitted, provided that it complies with the requirements for such use in this section at § 27-1402A(23). Noncommercial buses used primarily to transport persons to and from religious services and/or a day-care/nursery may be parked on the lot.

(c) A maximum of one dwelling unit may be an accessory use to a place of worship on the same lot. However, no such dwellings shall be permitted in the LI/B or GI Zoning Districts.

(51) Plant Nursery.

(a) This use may include outdoor storage and display of plants and trees.

(b) Retail sales of trees and plants that were primarily raised upon the lot. The only other retail sales that shall be permitted are clearly customary and accessory retail sales of materials such as mulch and topsoil, unless retail sales are specifically permitted in the zoning district where the use is located.

(52) Recycling Collection Center.

(a) All materials shall be kept in appropriate containers, with appropriate sanitary measures to prevent the attraction of insects, vermin, vectors, or rodents, the accumulation of rainwater and to minimize any fire hazards.

(b) Such facility shall have adequate access for service trucks, and adequate off-street parking.

(c) A thirty-foot buffer yard with screening as specified in § 27-1304 shall be provided between this use and any abutting lot with a dwelling or residential zoning district.

(d) This use may be an accessory use to a commercial use, an industrial use, a public or private primary or secondary school, a place of worship, or a Township-owned use, subject to the limitations and requirements of this subsection.

(e) Materials to be collected shall be of the same character as the following materials: paper, cardboard, aluminum, steel, plastics, and glass. No trash or garbage shall be stored as part of the use.

(f) The use shall not include operations other than collection, accumulation, short-term storage, sorting, baling, loading, and routine cleaning. No burning or landfilling shall occur.

(g) The use shall not include the collection or processing of any metals or pieces of metals that have an individual weight greater than 10 pounds.

(h) The use shall not include the delivery of more than 25 tons of materials to the site in any twenty-four-hour period. A maximum of 100 tons of material shall be stored on the site at any one time.

(53) Restaurant, Fast food or Standard.

(a) A fast-food or standard restaurant may include the accessory sale of alcoholic beverages; however, if such sale is a primary or substantial portion of the total trade, the requirements of a "tavern" must be met.

(b) If a primary or substantial portion of the total trade is in admission charges for entertainment and the use has a capacity of more than 300 persons for such entertainment, the requirements for an "auditorium" shall be met.

(c) Dumpster Screening. See § 27-1515D. Outdoor trash receptacles shall be placed at convenient locations for patrons.

(d) If drive-through service is provided, two outdoor menu boards may be provided (beyond the signs normally permitted) with a maximum sign area of 24 square feet each. Letters on such signs shall not be visible from beyond the lot line.

(e) A traffic study shall be prepared in accordance with the provisions of the SALDO[3] except for any element waived by the Board of Supervisors.

[3] Editor's Note: See Ch. 22, Subdivision and Land Development.

(f) Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.

(g) A statement setting forth full particulars on the operation to be conducted and to include, but not be limited to, any needed approvals of the Pennsylvania Departments of Health and Labor and Industry shall be filed where applicable.

(54) Retirement Village.

(a) A retirement village may be constructed in conformance with the requirements of the MDR Zoning District for any permitted housing types. The minimum buildable area per dwelling unit may be reduced by 15% except for townhouses.

(b) No greater than 30% of the dwelling units shall contain three or more bedrooms.

(c) A minimum of 80% of the residents and at least one resident per unit must at least 55 years of age. A deed restriction to this effect shall be placed on the property, and a report attesting to this fact shall be provided annually to the Township by the homeowners' association or management company.

(d) A community center for the residents of the development shall be provided and shall include at least the following facilities:

[1] Meeting hall/multipurpose room with seating capacity sufficient for 75% of the anticipated occupancy use; and

[2] Common restroom facilities.

(e) A community center for the residents may include: library, laundry room, exercise room, kitchen, craft shop, pantry, restaurant/cafeteria limited to residents and their guests, or similar facilities.

(f) Prior to final approval and recording of the plans, the legal arrangements and contracts to ensure adherence to the age restrictions shall be subject to review and approval by the Township, which approval shall be a condition precedent to such recording.

(g) A minimum tract size of four acres is required.

(55) School, Public or Private, Primary or Secondary.

(a) The minimum lot area shall be one acre, unless the applicable zoning district requires a larger lot size.

(b) No children's play equipment, basketball courts or illuminated recreation facilities shall be within a required front yard, or within 30 feet of a lot line of an existing dwelling.

(c) Both public or central sewer and public or central water services shall serve the use.

(d) A site plan review by the Planning Commission shall be required, in accordance with § 27-1311.

(e) The use shall not include a dormitory unless one is specifically permitted in the zoning district.

(56) Self-Storage Development.

(a) All storage units shall be of fire-resistant and water-resistant material and construction.

(b) Outdoor storage shall be limited to recreational vehicles, boats, and trailers. No junk vehicles shall be stored within view of a public street or a dwelling.

(c) Trash, radioactive or highly toxic substances, garbage, refuse, explosives or flammable materials, hazardous substances, animal carcasses or skins, or similar items shall not be stored on the site.

(d) Nothing shall be stored in interior traffic aisles, required off-street parking areas, loading areas, or accessways or in front of any doors.

(e) Major bodywork on vehicles shall not be permitted. The use shall not include a commercial auto repair garage unless that use is permitted in the zoning district and the use meets those requirements as set forth in § 27-1402A(9) above.

(f) Adequate lighting shall be provided for security, but shall be directed away or shielded from any adjacent residential uses.

(g) All outdoor storage areas located within 200 feet of the future right-of-way of an expressway or arterial street shall have that portion separated from that street by a buffer yard with screening in conformity with § 27-1304.

(h) Maximum building length is 200 feet.

(i) Minimum separation between buildings shall be 20 feet.

(j) An application for land development shall be required for any self-storage development, and shall be approved before any construction begins.

(56.1) Self-Storage Development, Highway Adjacent.

[Added by Ord. No. 2023-1, 6/14/2023]

(a) All storage units shall be part of a fully enclosed or drive-up self-storage facility, and the storage units shall be constructed with noncombustible materials and water-resistant material and construction.

(b) There shall be no outdoor storage.

(c) Trash, radioactive or highly toxic substances, garbage, refuse, explosives or flammable materials, hazardous substances, animal carcasses or skins, or similar items shall not be stored on the site.

(d) Nothing shall be stored in interior traffic aisles, required off-street parking areas, loading areas, or accessways or in front of any doors.

(e) Major bodywork on vehicles shall not be permitted. The use shall not include a commercial auto repair garage unless that use is permitted in the zoning district and the use meets those requirements as set forth in § 27-1402A(9) above.

(57) Short-Term Transient Rental Use.

(a) One off-street parking space shall be provided for each bedroom rented as part of the short-term transient rental.

(b) Maximum occupancy shall be determined by the number of rented bedrooms, and specifically no more than two occupants shall inhabit any bedroom.

(c) The minimum term of rental shall be one day and the maximum term of rental shall be 14 days.

(d) The property shall be used as a short-term transient rental for no more than 60 days in a calendar year.

(e) The sewage disposal system shall be sufficient to handle the proposed maximum occupancy as determined by the Sewage Enforcement Officer.

(f) If the short-term transient rental is served by a private well for water, the water must be tested annually and the results provided to the Township as part of license renewal.

(58) Slaughter House.

(a) Minimum lot area is 10 acres.

(b) The building(s) where slaughtering takes place shall not be located closer than 300 feet from all exterior lot lines, and no closer than 500 feet from an existing dwelling or the boundary of a residential zoning district.

(c) An approved water and sewer system adequate to convey or treat the loads and flows is required.

(d) All requirements of the Pennsylvania Department of Environmental Protection, the PA Department of Agriculture, and the US Department of Agriculture shall be observed.

(58.1) Solar Energy System, off-site usage.

[Added by Ord. No. 2022-02, 5/11/2022]

(a) Solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer, owner, and/or operator of the system. In no case shall any such identification be visible from beyond or outside the property line.

(b) The design of solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening, and landscaping that will blend with the existing and surrounding environment; and all panels shall be oriented in the same direction; that is, vertically or horizontally.

(c) Solar panels installed as ground arrays shall comply with the following:

[1] No adjacent property owner shall be required to remove or cut any plant, bush, crop, or tree.

[2] Ground arrays may not project into a required yard setback.

[3] The maximum fixed angle from the horizontal of the ground array shall not exceed 75°.

[4] The property owner shall be required to install a locked and secure (minimum) six-foot-high fence around the ground array and the equipment related thereto.

(d) Roof-mounted solar energy systems shall comply with the following:

[1] Permitted solar energy system panels shall include integrated solar panels as the surface layer of the roof structure with no additional apparent change in relief or projection (the preferred installation) or separate solar panels attached flat to the roof's surface.

[2] Roof-mounted solar panels other than those described in Subsection E(23)(d)[1] (above) shall be permitted so long as such roof-mounted solar panels are located on a rear or side facing roof, as viewed from any adjacent street; shall not exceed three feet above the plane of a sloped rooftop at any point, shall not project vertically above the peak or ridge line of a sloped roof or more than five feet above a flat roof.

[3] The highest point of solar panels on rooftops shall not exceed one foot above the permitted height of the zoning district.

[4] Before the issuance of a zoning and/or building permit, the applicant shall provide a Pennsylvania-licensed professional engineer's certification with the engineer's seal that the roof can support the panels and equipment to be installed on it.

(e) All mechanical equipment associated with and necessary for the operation of the solar energy system shall comply with the following:

[1] The design and installation of the solar energy system shall conform to applicable industry standards. A building permit shall be obtained for a solar energy system in accordance with the requirements of the Pennsylvania Uniform Construction Code (UCC), as amended. All wiring shall comply with the applicable version of the National Electric Code (NEC), as amended. The local electric utility service provider shall be contacted by the owner and/or applicant to determine grid interconnection and net metering policies.

[2] The solar energy system owner, at his or her expense, shall complete decommissioning of the system within 12 months after the end of the useful life of the system, within 12 months of damage which prevents the system from operating at full capacity and in a safe manner, and which damage remains continuously unrepaired or uncorrected during the entire said twelve-month period or within 12 months of continuous nongeneration of electricity.

[3] A Pennsylvania structural engineer shall seal all plans for either a ground array or roof-mounted solar energy system to certify that the roof can support the loads, and that the roof and/or ground array can withstand 100-mile-per-hour winds.

[4] Only a North American Board of Certified Energy Practitioner (NABCEP) or a licensed electrician shall install a solar energy system.

(f) Solar energy system, off-site usage, use shall not be a permitted use on any property that is subject to a conservation easement held by the Commonwealth of Pennsylvania and/or Northampton County and/or Williams Township and/or any nonprofit conservancy or land preservation entity.

(59) Stable, Nonhousehold.

(a) Minimum lot area is three acres.

(b) Any horse barn, corral, fenced-in area, or stable shall be a minimum of 50 feet from any lot line, and a minimum of 150 feet from any existing dwelling that is exterior to the lot with the animals on it.

(c) Shall have an approved water and sewage disposal system.

(d) All hazardous materials, including pesticides and animal waste, shall be disposed and shall be stored in accordance with applicable DEP regulations and shall be stored outside of required setbacks, and buffer areas, and the required isolation distance from water wells.

(60) Swimming Pool, Public or Semipublic.

(a) The water surface shall be setback at least 50 feet from any existing dwelling.

(b) A two-acre minimum lot area is required.

(c) Any water surface within 100 feet of an existing dwelling shall be separated from the dwelling by evergreen screening meeting the requirements of § 27-1304.

(d) The swimming pool shall be entirely enclosed with a secure childproof fence not less than six feet in height, equipped with self-closing and self-latching gates which can be locked.

(61) Target Range (Outdoor).

(a) All outdoor target ranges shall have a barrier behind the target area, which is at least 10 feet in height and of sufficient thickness and width to adequately protect the public safety and individuals on abutting properties. This barrier shall be made of earth or similar materials.

(b) A firearms rifle range shall comply with National Rifle Association standards and other applicable federal, state, and local regulations.

(c) A firearm rifle range shall be located a minimum of 300 feet from the lot line of any existing residential use or any LDR or MDR Zoning District.

(d) The use shall fully comply with the noise standards of § 27-1510.

(e) The use shall clearly not cause a hazard to life or property.

(f) The use shall be entirely enclosed by a secure and locked childproof fence not less than six feet in height, and properly posted at intervals not greater than 50 feet.

(62) Taxi Station. See "bus station."

(63) Transfer Stations.

(a) Minimum lot size shall be at least five acres.

(b) The site and facility shall comply with all applicable federal and state laws, rules, regulations, and requirements and conditions of permits and orders, and in all cases the most stringent requirements shall apply.

(c) Only permitted waste as listed in § 27-1903 may be handled, processed, or disposed of at this facility.

(d) Each facility shall be operated and maintained in such a manner as to prevent health hazards, environmental degradation, the attraction, harborage or breeding of insects, rodents, vermin, or vectors, to eliminate conditions which create safety hazards or public nuisances or which impose an undue burden upon the Township or its municipal services infrastructure.

(e) Access to the site and facility shall be limited in the following manner:

[1] Access shall be limited to normal operating hours, and attendants shall be present at the site during all operating hours.

[2] Gates or other suitable barriers shall be erected at all vehicular entrances to or exits from the site to block vehicle access to the site or facility when it is not in operation.

[3] Normal operating hours shall be from 6:00 a.m. to 6:00 p.m. Monday through Friday and from 6:00 a.m. to 12:00 noon on Saturdays. The facility shall not be operated on Sundays or outside said hours.

[4] Normal delivery hours shall be between 6:00 a.m. and 6:00 p.m. Monday to Friday and between 6:00 a.m. and 12:00 noon on Saturdays. No deliveries may be received at the site outside the foregoing delivery times operating hours.

(f) Measures and procedures to prevent and minimize fire hazards shall be established and practiced at the site or facility at least semiannually.

(g) The operation shall be conducted so as to prevent the dispersal or accumulation of any litter on or off the site.

(h) The site and surrounding roads and property within 0.1 mile of the site shall be policed on a daily basis on each day of operation to retrieve and remove any litter that has been deposited upon or escaped to nonactive areas of the site and/or surrounding roads or properties. A written record of such activity shall be kept at the site.

(i) The operator of a facility shall take appropriate measures to ensure that all waste materials shall remain within the vehicles delivering to the facility for processing and to promptly remove any such materials that may fall or be dropped, blown or spilled upon roads or neighboring properties.

(j) The operator of a facility shall take appropriate measures to prevent the accumulation of mud, dirt, or dust on roads leading from the site from vehicles traveling to or from the site and shall promptly remove any such mud, dirt, or dust from said roads and their shoulders on a daily basis during each day of operation. A written record of such activity shall be kept at the site.

(k) Lighting shall not produce a glare at the exterior lot lines.

(l) All transfer station waste handling activity, including waste sorting or storage, and vehicle maneuvering for waste dumping and loading of waste into transfer vehicles, shall occur within completely enclosed structures or buildings.

(m) There shall be no storage of waste, temporarily or otherwise, outside of buildings.

(n) No increase in noise level shall be created at the exterior lot lines.

(64) Truck Terminal.

(a) Minimum lot area is 10 acres.

(b) All tractor-trailer truck parking, outdoor storage, and/or loading/unloading areas that are visible from beyond the exterior lot lines of the use shall be screened by a fifty-foot-wide buffer yard. This buffer yard shall meet the buffer yard provisions of § 27-1304, except for the provisions altered by this section as follows:

[1] Include evergreen screening meeting the provisions of § 27-1304, except that an average of one such evergreen tree shall be planted for every 30 feet of length of the buffer yard, instead of evergreens being intended to form a solid visual screen. Such evergreens may be planted at irregular intervals, and may be clustered.

[2] Include the planting of deciduous shade trees, which shall meet the following requirements:

(c) Meet the provisions of § 27-1603G, regarding types and initial sizes of shade trees.

(d) An average of one such tree shall be planted for each 60 feet of length of the buffer yard, but the trees may be planted at irregular intervals, and may be clustered.

(e) Be in place of any street tree requirements of the Township Subdivision and Land Development Ordinance.[4]

[4] Editor's Note: See Ch. 22, Subdivision and Land Development.

(f) Be of types selected as recognized to be resistant to diesel exhaust.

(g) Be planted on the exterior side of any berm as required by § 27-1402A(64)(h) (or any wall or fence that might be permitted in place of such berm), but shall not be on the top of the berm; or may be planted within the future street right-of-way.

(h) Any tractor-trailer truck parking, outdoor storage and/or loading/unloading areas that are visible from and are within 250 feet of the exterior lot lines of the use shall be separated from such lot lines by an earthen berm. Such berm shall meet the following requirements:

[1] Average a minimum of five feet in height above the adjacent average ground level (disregarding any drainage channel) on the outside of the berm;

[2] Not have a single continuous height value, but instead shall vary in height by one to two feet in places along its length;

[3] Have a maximum side slope of three horizontal to one vertical; and

[4] Be covered by a well-maintained all-season natural groundcover, such as grass.

(i) The use shall not be required to comply with § 27-1603G(2) or (3) of the paved area landscaping requirements of this chapter.

(j) Any entrance or exit for trucks, loading/unloading, outdoor storage, or truck parking area shall be a minimum of 250 feet from any dwelling.

(k) The use shall have its main access drives within 3,000 feet of a ramp of an expressway.

(l) The use shall include an appropriate system to collect, contain and properly dispose of any fuel, grease, oils, or similar pollutants that may spill or leak or be released where such substances are stored, or where vehicles are fueled, repaired or maintained.

(65) Warehouse or Wholesale.

(a) Shall comply with the off-street loading requirements in Part 16.

(b) No storage of trash, garbage, refuse, highly explosive or flammable materials, hazardous or highly toxic substances, animals, animal carcasses, or similar items shall be permitted (other than small quantities of wastes generated solely by the personnel and operations on the site, and which shall be completely removed no less frequently than weekly).

(c) Uses that would involve an average of more than 300 tractor-trailers per weekday either entering or leaving the site comply with the additional standards in this section for a truck terminal.

(d) Shall comply with requirements in § 27-1403E(17) (below) for "Outdoor Storage or Display."

(e) Completion of retail sales initiated off-premises (by telephone, mail, electronic means or otherwise) are permitted at warehouse or wholesale use premises if the following are met:

[1] The warehouse or wholesale use shall not have a showroom or store area open to the public for browsing products;

[2] The public shall be prohibited from entering any warehouse area designated for storing products regularly sold wholesale;

[3] The warehouse or wholesale use shall have a designated office area separate from the warehouse area use for storing products regularly sold wholesale where customers may complete retail transactions initiated off-premises;

[4] Parking shall be available at a rate of one parking space per 150 square feet of floor area of office area designated for completion of retail transactions initiated off-premises with at minimum two such spaces reserved for retail completion and marked by signage located within 75 feet of the designated office area; and

[5] The warehouse or wholesale use shall have an off-street loading area compliant with the requirements of § 27-1605 where employees can load products into customer's vehicles.

(65.1) Wind Energy Facility Use.

[Added by Ord. No. 2022-02, 5/11/2022]

(a) Dimensional Requirements.

[1] Minimum lot area: 20 acres.

[2] Minimum lot width: 200 feet.

[3] Minimum lot depth: 100 feet.

[4] Minimum front yard setback: 75 feet from the adjoining street center line (or 1.1 times the height of the device, whichever is greater).

[5] Paved area setbacks: 100 feet from all lot lines.

[6] Maximum building coverage: 50%.

[7] Maximum impervious coverage: 70%.

[8] Minimum side yard: 100 feet except as provided for specific principal and accessory structures, buildings, and uses (or 1.1 times the height of the device, whichever is greater).

[9] Minimum rear yard: 100 feet (or 1.1 times the height of the device, whichever is greater).

[10] Maximum height of the structure, including all moving and rotating parts, shall be 100 feet, measured from the undisturbed ground elevation at the base of the device, to the highest point of the arc of the blade, helix, or to the top of the tower, whichever is greater.

(b) Meteorological Tower as Accessory Use. A meteorological tower shall be an accessory use and accessory structure to a wind energy facility use permitted by right.

[1] A meteorological tower is a structure designed to support the gathering of wind energy resource data, and includes the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment, anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.

[2] A meteorological tower shall comply with all dimensional requirements prescribed for the wind energy facility use.

(c) When a building is necessary for storage cells or related mechanical equipment, the building shall not exceed 150 square feet in area, shall not exceed eight feet in height and must not be located in any required front, side, or rear yards.

(d) 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 junction box, and the grounding wires, must be installed underground in accordance with National Electrical Code (latest edition) and the prevailing standards of the servicing utility company.

(e) Any wind energy facility that is defective, or has been abandoned, that 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 60 days of written notification from Williams Township. If the owner fails to remove or repair the defective or abandoned wind energy facility, the Township may pursue action to have the facility removed at the owner's expense.

(f) A wind energy system, including tower, shall comply with all applicable state construction and electrical codes, and the National Electrical Code. Prior to issuance of a building/zoning permit for installation of the device, the applicant must submit to Williams Township all documentation required by the Williams Township Building Code Official to verify that the design of the device complies with the Pennsylvania Uniform Construction Code (UCC), including, but not limited to, documentation of the structural integrity of the foundation, base, tower, and all appurtenant structures, and electrical design. Design information must be signed and sealed by a licensed professional engineer in the Commonwealth of Pennsylvania, and/or the equipment manufacturer.

(g) The use shall not interfere with the reception of any radio, television, or other communication equipment, nor inhibit solar access to adjacent properties.

(h) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

(i) Visible, reflective, colored objects, such as flags, reflectors, or tape, shall be placed on the anchor points of guy wires and along guy wires up to a height of 10 feet from the ground.

(j) All wind energy systems shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.

(k) The applicant shall make reasonable efforts to minimize shadow flicker at the property line.

(l) A nonparticipating landowner shall not intentionally block, interfere with, or disrupt the functional operation from an existing wind energy system. If such action or event should occur, the matter shall be resolved as a civil dispute between the landowners, and Williams Township shall not be held responsible.

(m) A wind energy facility shall not be a permitted use on any property that is subject to a conservation easement held by the Commonwealth of Pennsylvania and/or Northampton County and/or Williams Township and/or any nonprofit conservancy or land preservation entity.

(66) Wireless Communications Facilities.

(a) General and Specific Requirements for Non-Tower Wireless Communications Facilities.

[1] The following regulations shall apply to all non-tower WCF:

[a] Permitted in all zones subject to regulations. Non-tower WCF are permitted in all zones subject to the restrictions and conditions prescribed below and subject to applicable permitting by the Township.

[b] Nonconforming Wireless Support Structures. Non-tower WCF shall be permitted to co-locate upon nonconforming tower-based WCF and other nonconforming structures. Co-location of WCF upon existing tower-based WCF is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.

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

[d] Wind and Ice. All non-tower WCF structures shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).

[e] Aviation Safety. Non-tower WCF shall comply with all federal and state laws and regulations concerning aviation safety.

[f] Public Safety Communications. Non-tower WCF shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

[g] Radio Frequency Emissions. A non-tower WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

[h] Removal. In the event that use of a non-tower WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCF, or portions of WCF, shall be removed as follows:

(i) All abandoned or unused WCFs and accessory facilities shall be removed within 60 days of the cessation of operations at the site unless a time extension is approved by the Township.

(ii) If the WCF or accessory facility is not removed within 60 days of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.

[2] Insurance. Each person that owns or operates a non-tower WCF shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the non-tower WCF.

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

[4] Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

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

[b] Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.

[c] All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

[5] The following regulations shall apply to all co-located Non-Tower WCF that do not substantially change the physical dimensions of the wireless support structure to which they are attached, and/or fall under the Pennsylvania Wireless Broadband Collocation Act:

[a] Building Permit Required. WCF applicants proposing the modification of an existing tower-based WCF shall obtain a building permit from the Township. In order to be considered for such permit, the WCF applicant must submit a permit application to the Township in accordance with applicable permit policies and procedures.

[b] Timing of approval for applications that fall under the WBCA. Within 30 calendar days of the date that an application for a non-tower 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. Within 60 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the WCF applicant in writing of such decision. If additional information was requested by the Township to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the Township's sixty-day review period. The timing requirements in this section shall only apply to proposed facilities that fall under the Pennsylvania Wireless Broadband Collocation Act.

[c] Permit Fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a non-tower WCF or $1,000, whichever is less.

(b) The following regulations shall apply to all non-tower WCF that do substantially change the wireless support structure to which they are attached, or that otherwise do not fall under the Pennsylvania Wireless Broadband Collocation Act:

[1] Noncommercial Usage Exemption. Township residents utilizing satellite dishes, citizen and/or band radios, and antennas for the purpose of maintaining television, phone, and/or internet connections at their respective residences shall be exempt from the regulations enumerated in this section.

[2] Prohibited on Certain Structures. No non-tower WCF shall be located on single-family detached residences, single-family attached residences, twin-homes, duplexes, or any residential accessory structure.

[3] Special Exception Authorization Required. Any WCF applicant proposing the construction of a new non-tower WCF, or the modification of an existing non-tower WCF, shall first obtain a special exception authorization from the Township. New constructions, modifications, and replacements that do fall under the WBCA shall be not be subject to the special exception process. The special exception application shall demonstrate that the proposed facility complies with all applicable provisions in this chapter.

[4] Historic Buildings. No non-tower WCF may be located upon any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places or which is listed on the official historic structures and/or historic districts list maintained by the Township, has been designated by the Township to be an historic structure.

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

[6] Permit Fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a non-tower WCF, as well as related inspection, monitoring and related costs.

[7] Development Regulations. Non-tower WCF shall be located or co-located on existing wireless support structures, such as existing buildings or tower-based WCF, subject to the following conditions:

[a] The total height of any wireless support structure and mounted WCF shall not exceed 20 feet above the maximum height permitted in the underlying zoning district.

[b] In accordance with industry standards, all non-tower WCF applicants must submit documentation to the Township justifying the total height of the non-tower WCF. Such documentation shall be analyzed on an individual basis.

[c] If the WCF applicant proposes to locate the accessory equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.

[d] A security fence of not less than eight feet shall surround any separate communications equipment building.

[e] Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.

[8] Design Regulations. Non-tower WCF shall employ stealth technology and be treated to match the wireless support structure in order to minimize aesthetic impact. The implementation of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

[9] Removal, Replacement and Modification.

[a] The removal and replacement of non-tower WCF and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not substantially change the overall size of the WCF or the number of antennas.

[b] Material modification to a WCF shall require notice to be provided to the Township, and possible supplemental permit approval to the original permit or authorization.

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

[11] Financial Security. Prior to receipt of a zoning permit for the construction or placement of a non-tower WCF, the WCF applicant shall provide to the Township financial security sufficient to guarantee the removal of the non-tower WCF. Said financial security shall remain in place until the non-tower WCF is removed.

(c) Regulations Applicable to All Non-Tower WCF Located in the Public Rights-of-Way. In addition to the applicable non-tower WCF provisions listed in § 27-1402A(66)(a)[1], the following regulations shall apply to non-tower WCF located in the public rights-of-way:

[1] Location. Non-tower WCF in the ROW shall be located or co-located on existing poles, such as existing utility poles, light poles, or traffic lights. If co-location is not technologically feasible, the WCF applicant shall locate its non-tower WCF on existing poles or freestanding structures that do not already act as wireless support structures with the Township's approval.

[2] Design Requirements:

[a] WCF installations located above the surface grade in the public ROW including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no 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.

[b] Antenna and accessory 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] Time, Place and Manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower WCF in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.

[4] Equipment Location. Non-tower WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:

[a] In no case shall ground-mounted accessory equipment, walls, or landscaping be located within 18 inches of the face of the curb or within an easement extending onto a privately-owned lot;

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

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

[d] Any graffiti on any wireless support structures or any accessory equipment shall be removed at the sole expense of the owner.

[e] Any proposed underground vault related to non-tower WCF shall be reviewed and approved by the Township.

[f] Accessory equipment attached to the wireless support structure shall have 12 feet of vertical clearance above finished grade.

[5] 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 WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

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

[b] The operations of the Township or other governmental entity in the right-of-way;

[c] Vacation of a street or road or the release of a utility easement; or

[d] An emergency as determined by the Township.

(d) General and Specific Requirements for All Tower-Based Wireless Communications Facilities.

[1] The following regulations shall apply to all tower-based wireless communications facilities.

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

[b] Notice. Upon submission of an application for a tower-based WCF and the scheduling of the public hearing upon the application, the WCF applicant shall mail notice to all owners of every property within 1,000 feet of the proposed facility. The WCF applicant shall provide proof of the notification to the Township.

[c] Special Exception Authorization Required. Tower-based WCF are permitted in certain zoning districts by special exception and at a height necessary to satisfy their function in the WCF applicant's wireless communications system. No WCF applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The WCF applicant shall demonstrate that the antenna/tower/pole for the tower-based WCF is the minimum height necessary for the service area.

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

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

(iii) The special exception application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all state and federal laws and regulations concerning aviation safety.

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

(v) The special exception application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all applicable provisions of this chapter.

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

[e] Visual Appearance and Land Use Compatibility. Tower-based WCF shall employ stealth technology which may include the tower portion to be painted silver or another color approved by the Board of Supervisors, or shall have a galvanized finish. All tower-based WCF and accessory equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. The Board of Supervisors shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.

[f] Co-location and Siting. An application for a new tower-based WCF shall demonstrate that the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building or sited on land owned and maintained by the Township. The Board of Supervisors may deny an application to construct a new tower-based WCF if the WCF applicant has not made a good-faith effort to mount the commercial communications antenna(s) on an existing structure. The WCF applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a one-quarter-mile radius of the site proposed, sought permission to install an antenna on those structures, buildings, and towers and was denied for one of the following reasons:

(i) The proposed antenna and accessory equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.

(ii) The proposed antenna and accessory equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower and the interference cannot be prevented at a reasonable cost.

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

(iv) A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.

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

[h] Additional Antennas. As a condition of approval for all tower-based WCF, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antennas on tower-based WCF where technically and economically feasible. To the extent permissible under state and federal law, the owner of a tower­based WCF shall not install any additional antennas without obtaining the prior written approval of the Township.

[i] Wind and Ice. Any tower-based WCF structures shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).

[j] Height. Any tower-based WCF shall be designed at the minimum functional height. The maximum total height of a btower-ased WCF which is not located in the public ROW shall not exceed 150 feet, as measured vertically from the ground level to the highest point on the structure, including antennas and subsequent alterations.

[k] Accessory Equipment. Either one single-story wireless communications equipment building not exceeding 500 square feet in area or its equivalent may be located on the site for each unrelated company sharing commercial communications antenna(s) space on the tower-based wireless communications facility greater than 40 feet.

[l] Public Safety Communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

[m] Maintenance. The following maintenance requirements shall apply:

(i) Any tower-based WCF shall be fully automated and unattended on a daily basis .and shall be visited only for maintenance or emergency repair.

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

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

[o] Historic Buildings or Districts. A tower-based WCF shall not be located upon a property that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures and/or historic districts list maintained by the Township.

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

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

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

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

[t] Timing of Approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Township, the Township shall notify the WCF applicant in writing of any information that may be required to complete such application. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF and the Township shall advise the WCF applicant in writing of its decision. If additional information was requested by the Township to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the 150-day review period.

[u] Nonconforming Uses. Nonconforming tower-based WCF which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location but must otherwise comply with the terms and conditions of this section. The co-location of antennas is permitted on nonconforming structures.

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

(i) All unused or abandoned tower-based WCFs and accessory facilities shall be removed within 90 days of the cessation of operations at the site unless a time extension is approved by the Township.

(ii) If the WCF and/or accessory facility is not removed within 90 days of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.

(iii) Any unused portions of tower-based WCF, including antennas, shall be removed within 90 days of the time of cessation of operations. The Township must approve all replacements of portions of a tower-based WCF previously removed.

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

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

[y] Insurance. Each person that owns or operates a tower-based WCF greater than 40 feet in height shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF. Each person that owns or operates a tower-based WCF 40 feet or less in height shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each tower-based WCF.

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

[aa] Engineer Signature. All plans and drawings for a tower-based WCF shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.

[bb] Financial Security. Prior to receipt of a zoning permit for the construction or placement of a tower-based WCF, the WCF applicant shall provide to the Township financial security sufficient to guarantee the removal of the tower-based WCF. Said financial security shall remain in place until the tower-based WCF is removed.

(e) Tower-based wireless communications facilities outside the public rights-of-way.

[1] The following regulations shall apply to tower-based Wireless Communications Facilities located outside the public rights-of-way that do not meet the definition of a small WCF:

[a] Development Regulations.

(i) Tower-based WCF shall not be located in, or within 50 feet of, an area in which utilities are primarily located underground.

(ii) Tower-based WCF are permitted outside the public rights-of-way in the following zoning districts by special exception, subject to the above prohibition:

[A] A Agricultural District.

[B] GI General Industrial District.

[C] LI/B Light Industrial Business District.

[D] SWZD Solid Waste Zoning District.

(iii) Sole use on a lot. A tower-based WCF shall be permitted as a sole use on a lot, provided that the underlying lot is a minimum of one acre. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 110% of the proposed WCF structure's height.

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

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

[B] Minimum Lot Area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting if the proposed WCF is greater than 40 feet in height.

[C] Minimum Setbacks. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 50% of the proposed WCF structure height or the minimum setback of the underlying zoning district, whichever is greater. Where the site on which a tower-based WCF is proposed to be located is contiguous to an educational use, child day-care facility or residential use, the minimum distance between the base of a tower-based WCF and any such adjoining uses shall equal 110% of the proposed height of the tower-based WCF unless it is demonstrated to the reasonable satifaction of Board of Supervisors that in the event of failure the WCF is designed to collapse upon itself within a setback area less than the required minimum setback without endangering such adjoining uses and their occupants.

[2] Design Regulations.

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

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

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

[d] Any tower-based WCF shall be equipped with an anticlimbing device, as approved by the manufacturer.

[3] Surrounding Environs.

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

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

[4] Fence/Screen.

[a] A security fence having a height of not less than eight feet shall completely surround any tower-based WCF greater than 40 feet in height, as well as guy wires, or any building housing WCF equipment.

[b] Landscaping shall consist of a screen of evergreen trees planted eight feet on center, each at least four feet in height, and staggered in two rows, located along the perimeter of the security fence. Existing vegetation shall be preserved to the maximum extent possible.

[5] Accessory Equipment.

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

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

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

[7] Parking. For each tower-based WCF greater than 40 feet in height, there shall be two off-street parking spaces.

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

(f) Small Wireless Communications Facilities.

[1] The following regulations shall apply to small wireless communications facilities:

[a] Location and development standards.

(i) Small WCF are permitted by administrative approval from the Township Zoning Officer in all Township zoning districts, subject to the requirements of this § 27-1402A(66)(f) and generally applicable permitting as required by the Township Code.

(ii) Eligible Facilities Request. WCF applicants proposing a modification to an existing WCF that does not substantially change the dimensions of the underlying structure shall be required only to obtain a building permit from the Township Zoning Officer. In order to be considered for such permit, the WCF applicant must submit a building permit application to the Township in accordance with applicable permit policies and procedures.

(iii) Small WCF located within underground districts shall be co-located on existing wireless support structures. No new wireless support structure may be installed for the purpose of supporting a small WCF within underground districts.

(iv) Small WCF in the public ROW requiring the installation of a new wireless support structure shall not be located directly in front of any building entrance or exit.

(v) All small WCF shall comply with the applicable requirements of the Americans with Disabilities Act and all Township Code requirements applicable to streets and sidewalks.

[2] Nonconforming Wireless Support Structures. Small WCF shall be permitted to co-locate upon nonconforming tower-based WCF and other nonconforming structures. Co-location of WCF upon existing tower-based WCF is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.

[3] Standard of Care. Any small WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, the Pennsylvania UCC, or to the industry standard applicable to the structure. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

[4] Historic Buildings. No small WCF may be located within 100 feet of any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, located within an historic district, or is included in the official historic structures list maintained by the Township.

[5] Wind and Ice. All small WCF shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to the industry standard applicable to the structure.

[6] Radio Frequency Emissions. A small WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

[7] Time, Place and Manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small WCF in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.

[8] Accessory Equipment. Small WCF and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Township.

[9] Graffiti. Any graffiti on the wireless support structure or on any accessory equipment shall be removed at the sole expense of the owner within 10 days of notification by the Township.

[10] Design Standards. All small WCF in the Township shall comply with the requirements of the Township Small Wireless Communications Facility Design Manual, a copy of which is on file at the Township Planning and Zoning Office.

[11] Timing of Approval.

[a] Within 60 days of receipt of an application for co-location of a small WCF on a preexisting wireless support structure, the Township Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.

[b] Within 90 days of receipt of an application for a small WCF requiring the installation of a new wireless support structure, the Township Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.

[c] Within 10 calendar days of the date that an application for a small WCF is filed with the Township Zoning Officer, the Township shall notify the WCF applicant in writing of any information that may be required to complete such application.

[12] Relocation or Removal of Facilities. Within 90 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 small WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

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

[b] The operations of the Township or other governmental entity in the right-of-way;

[c] Vacation of a street or road or the release of a utility easement; or

[d] An emergency as determined by the Township.

[13] Reimbursement for ROW Use. In addition to permit fees as described in this section, every small WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each small WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. Such fees shall comply with the applicable requirements of the Federal Communications Commission.

§ 27-1403 Additional Requirements For Accessory Uses.

[Ord. No. 2020-01, 1/6/2020]

A. General. Accessory buildings, structures, or uses that are clearly customary and incidental to a principal use that is either permitted by-right, special exception or as a conditional use shall be permitted by-right, except as provided otherwise in this chapter.

B. General Setback Requirements.

(1) The accessory setback requirements of the applicable zoning district shall apply to every accessory building, structure, or use, unless a standard that is clearly meant to be more restrictive or less restrictive is specifically stated in this Part for a particular accessory use.

(2) Front Yard. No accessory structure, use, or building shall be permitted in a required front yard in any zoning district, unless specifically permitted by this chapter. See "Essential Services" under this section at § 27-1403E(6).

C. Accessory Uses Permitted by right in All Districts. The following accessory uses are permitted by right in all zoning districts, within the requirements of this § 27-1403 pertaining to additional requirements for accessory uses and other requirements of this chapter:

(1) Air conditioner. See § 27-1403E(6)(d)[8].

(2) Amateur radio antenna. See § 27-1403E(3).

(3) Bus shelter for riders of public or school buses (not including any advertising signs). See § 27-1403E(6)(c)[9].

(3.1) Electric vehicle charging station — Level 1 or 2.

[Added by Ord. No. 2022-03, 8/10/2022]

(4) Essential services. See § 27-1403E(6).

(5) Fence, wall or hedge. See § 27-1403E(7).

(6) Flag pole, which shall be permitted in front yards [§ 27-1403B(2) above not withstanding].

(7) Keeping of pets. See § 27-1403E(11).

(8) Home gardening for food production.

(9) Off-street parking to serve only a use permitted in that same Zoning District in accordance with Part 16, Off-Street Parking and Loading, hereof.

(10) Reasonable recreation facilities that are clearly limited to the exclusive use of residents of a development and their occasional invited guests.

(11) Residential accessory building, structure, or use.

(12) Satellite antenna.

(13) Signs, as permitted by Part 17.

(14) Solar energy system, on-site usage. See § 27-1403E for special standards relating to this accessory use.

[Amended by Ord. No. 2022-02, 5/11/2022]

(15) Windmill and wind turbine.

D. Accessory Uses Permitted by Right in Certain Zoning Districts Which Permit By Right Commercial, Industrial or Institutional Uses:

(1) In addition to accessory uses permitted above by § 27-1403A and C, the following accessory uses are also permitted:

(a) Coin-operated telephones.

(b) Coin-operated beverage and snack machines.

(c) Coin-operated newspaper sales machines.

(d) The following accessory uses, provided that the use is clearly limited to employees, patients, residents, and families of employees, and that applicable state and/or local permits are obtained:

[1] Day-care center/child nursery.

[2] Noncommercial recreation facilities.

[3] Food.

E. Special Standards. Each accessory use that is listed below shall comply with all of the corresponding following standards set forth for that use:

(1) Accessory Apartment Within an Existing Single-Family Detached Dwelling.

(a) All requirements listed under "Conversions to Residential Use" and "Conversions Increasing the Number of Dwelling Units" under § 27-1402A(20) shall apply.

(b) The dwelling units shall be owner-occupied for a minimum period of 12 months following the creation of the accessory apartment.

(c) The dwelling before the creation of the accessory apartment shall have a total minimum square footage of 1,500 square feet, and the principal dwelling unit shall retain a minimum square footage of 900 square feet afterward.

(d) All required parking spaces shall be located outside of the required front yard.

(e) No more than a total of two dwelling units shall be allowed: the principal dwelling unit and the accessory apartment.

(f) Any off-street parking of four or more spaces shall have evergreen screening meeting the requirements of § 27-1304C between the parking spaces and any dwelling on an abutting lot.

(g) The use shall be in accordance with the provisions of § 27-1510.

(2) Accessory Single-Family Detached Dwelling for Permanent Farm Helpers, Domestic Servants, or Caretakers Employed On the Premises.

(a) No more than a total of two dwelling units shall be allowed on the site (only one other dwelling is permitted in addition to the residential principal building on the lot).

(b) The accessory single-family detached dwelling shall be used only for permanent farm helpers, domestic servants, or caretakers employed on the premises.

(c) A separate zoning permit for this accessory use shall be obtained annually, which shall expire within one year. The permit may be renewed for additional one year periods. By applying for such a permit, the owner shall be deemed to agree and acknowledge that the accessory use is not and will not become a nonconforming use within the Township. No such permit shall be renewed unless the property owner certifies that the accessory dwelling is, at the time of renewal of the permit, being used as the principal residence only for permanent farmer helpers, domestic servants, or caretakers employed on the premises.

(d) The sewage disposal facilities for this accessory use shall be approved by the Sewage Enforcement Officer and shall meet the requirements of § 27-1510.

(e) The accessory single-family detached dwelling shall comply with all applicable yard area, building and impervious coverage, and other regulations of this chapter to facilitate possible future subdivision of the accessory dwelling as a separate principal dwelling upon the eventual termination of its accessory dwelling use.

(3) Amateur Radio Antenna.

(a) Height. No amateur radio antenna, including its supporting structure, shall have a total height above the average ground level surrounding the antenna's base of greater than 50 feet in a residential zoning district or 80 feet in any other zoning district.

(b) Anchoring. Any amateur radio antenna shall be properly anchored to resist high winds, in accordance with applicable building codes or generally accepted standards.

(4) Bed-and-Breakfast Use.

(a) No more than four rental units shall be provided, and no more than four persons may occupy one rental unit.

(b) One off-street parking space shall be provided for each rental unit. See also Table 16.1, Off-Street Parking Requirements. The off-street parking spaces shall be located either to the rear of the main dwelling or screened from the street and dwellings on abutting lots by evergreen screening in accordance with § 27-1304C(4).

(c) At least one separate bathroom shall be provided for use by guests.

(d) There shall be no signs, show windows, or any type of display or advertising visible from outside the main dwelling, except for a single name or identification sign no larger than two square feet in size with a maximum height of eight feet.

(e) The use shall have a residential appearance and character.

(f) The use shall be carried on by permanent residents of the lot and main dwelling.

(g) There shall be no separate cooking facilities in any guest room. Food shall be served only to guests who are staying overnight.

(h) The maximum, uninterrupted length of stay at a bed-and-breakfast shall be 14 days.

(i) Amenities provided by the bed-and-breakfast, such as a swimming pool or tennis court, shall be restricted in use to the guests and permanent residents of the establishment.

(j) Any on-lot sewage disposal system shall be recertified as being adequate for the anticipated flows and loads of the use in accordance with state regulations and § 27-1510.

(5) Day-Care Center/Nursery School as an Accessory Use to a Residential Use. For "Accessory Uses Permitted By Right In Certain Zoning Districts Which Permit By Right Commercial, Industrial, or Institutional Uses" see § 27-1403D(1)(d)[1].

(a) Care of a maximum of six children may occur in a single-family detached dwelling, or up to two children in any other type of dwelling unit. This restriction shall apply only to children not related to a permanent resident of the dwelling by blood, marriage, adoption or formal foster relationship.

(b) Uses involving the care of three or more children not related to a permanent resident of the dwelling shall occur only in a dwelling with a minimum of 1,000 square feet of available usable outdoor open space, or that is within 500 feet of a public park.

(c) The dwelling shall retain a residential appearance and character with no change to the exterior of the dwelling to accommodate the use, other than cosmetic improvements.

(d) Any day-care center or nursery school involving more than six children shall be considered a principal use and, if permitted, shall comply with the standards of § 27-1402A(23), under "Day-Care Center/Nursery School."

(e) There shall be no signs, show windows, or any type of display or advertising visible from outside the main dwelling, except for a single name or identification sign no larger than two square feet in size with a maximum height of eight feet.

(f) Any on-lot sewage disposal system shall be recertified as being adequate for the anticipated flows and loads of the use in accordance with state regulations and § 27-1510.

(5.1) Electric Vehicle Charging Station — Level 1 or 2.

[Added by Ord. No. 2022-03, 8/10/2022]

(a) Level 1 or 2 EVCS located at one-family, multifamily and mobile home park dwellings shall be designated as private restricted use only. Installation shall be subject to permit approval administered by the Zoning Officer.

(b) Level 1 or 2 EVCS located at one-family, multifamily and mobile home park dwellings shall only be installed within the building envelope.

(6) Essential Services.

(a) Essential services shall be permitted by right as principal or accessory uses in all zoning districts, unless this chapter shall not be applicable to such services as public utilities.

(b) Only those uses that are specifically listed in this § 27-1403E(6) shall be considered to be "essential services."

(c) The following essential services shall comply with all requirements of this chapter except the accessory or principal setback, lot area or other dimensional lot requirements. Any newly created lot shall comply with the applicable dimensional lot requirements if future building or subdivision of the lot would be possible.

[1] Oil pipelines and natural gas transmission and distribution lines, valves and appurtenances and accessory pumping or compressing stations.

[2] Electrical transformers as an accessory use to or serve dwellings.

[3] Electrical, telephone, and street light poles.

[4] Electrical transmission and distribution lines and meters.

[5] Wells, standpipes, water transmission and distribution lines, valves and appurtenances, pumping cisterns and meters.

[6] Sewage pipes, manholes, and pumping stations, but not including a central sewage treatment plant.

[7] Cable television and telephone lines, junction boxes and appurtenances.

[8] Stormwater pipes, outfalls, detention basins, swales, pumping stations, catch basins, manholes, and "best management practices" or water quality management and volume or rate reduction facilities.

[9] Shelters and benches for buses that transport school children, or that are owned, operated, or financed by a public transit authority, but without any off-premises signs.

[10] U.S. mailboxes.

[11] Boxes for receiving individual newspapers.

[12] Railroad lines.

[13] Fire hydrants and emergency call boxes.

[14] Engineered retaining walls that are clearly necessary to hold back slopes.

[15] Sidewalks.

[16] Ramps primarily intended for handicapped access.

[17] Ground-level porches and patios that are not covered by a permanent roof.

[18] Steps leading into the entrance of a building.

(d) The following are permitted essential services and shall comply with all of the applicable requirements of this chapter (unless exempted by § 27-103):

[1] Electrical substations and bulk power or high voltage transformers that are not an accessory use to or serve dwellings.

[2] Water filtration plants.

[3] On-lot sewage disposal systems.

[4] Emergency and other electrical generators and compressors.

[5] Solid waste bulk containers and bulk trash or recycling compactors.

[6] Telephone switching stations.

[7] Construction. Temporary storage of vehicles, equipment, and materials and/or construction office trailers that are clearly needed and being actively used for current construction on the same or an adjacent lot or within the same subdivision, or land development provided such items are removed from the site within 30 days of completion of the construction.

[8] Industrial or commercial air conditioners, chillers, heat pumps, evaporators, condensers, etc.

(e) Screening of Substations. Electric substations involving outdoor structures (other than poles, wires, or buildings) greater than 10 feet in height within 150 feet of a dwelling, undeveloped residentially zoned land, an expressway or an arterial street shall provide evergreen screening in accordance with § 27-1304C(4) between the substation and the said dwelling, land, or street.

(7) Fences and Walls.

(a) Fences and walls shall be permitted by right in all zoning districts unless specifically or otherwise stated herein.

(b) Sight Distance. No fence or wall shall obstruct the sight distance or "sight triangle" requirements of the SALDO,[1] nor obstruct safe sight distance within or from an alley.

[1] Editor's Note: See Ch. 22, Subdivision and Land Development.

(c) Fences or walls placed in the required front yard shall not be located closer than one foot to the property line or right-of-way line. Fences or walls placed in the required side and rear yard areas shall be at least two feet from a lot line or easement line, unless the abutting property owner irrevocably agrees in writing to locating the fence or wall on the common property line. The Zoning Officer may require the fence or wall applicant to demonstrate and provide adequate measures for access, mowing, trimming, weed control, litter removal, etc.

(d) Fences.

[1] Any fence located in the front yard of a use in the residential zoning districts shall have a minimum ratio of 3:1 of open spaces to structural solid or opaque material areas, and shall not exceed five feet in height.

[2] Fences shall not be required to comply with the rear and side yard setbacks for accessory structures, except where the fence abuts a public street.

[3] A fence located in a residential zoning district in a location other than a front yard shall not exceed eight feet in height. This restriction shall not apply to a fence of up to 10 feet, which may be used to enclose a tennis, basketball, racquet, or other sport court, provided that such fence is not within a required setback area for an accessory structure.

[4] In all nonresidential zoning districts, fences shall not exceed 12 feet in height.

[5] A fence shall not be required to comply with accessory structure setbacks in nonresidential zoning districts.

[6] No fence shall be located within the paved area setback required under § 27-1603.

[7] Any fence that has one side that is smoother and/or more finished than a reverse side shall have such smoother and/or more finished side installed so that it faces away from the area that is enclosed by the fence.

(e) Walls.

[1] Engineered retaining walls necessary to hold back slopes, defined as having one face or side substantially below ground level on hat side, are exempted from setback regulations and the regulations of this section, and are permitted by right as needed in all zoning districts.

[2] No wall shall be located in the required front yard in a residential district, except as a backing for a permitted sign at an entrance to a subdivision or land development.

[3] A wall in residential districts shall have a maximum height of one foot for every two feet that the wall is setback from a lot line. The maximum height of any wall shall be six feet.

[4] Walls that are attached to a building shall be regulated as a part of that building and use in the zoning district where the building is located, and the regulations of this subsection shall not apply.

(f) Gates. All fences, walls, or continuous hedges more than four feet in height shall be equipped with gates or other suitable passageways at intervals of not more than 200 feet.

(8) Garage Sale.

(a) The definition in Part 2 shall apply. A garage sale shall not include wholesale sales.

(b) No garage sales shall be held on a lot during more than four days total in any 12 consecutive months.

(c) The use shall be clearly accessory to a residential principal use only.

(9) Geothermal Systems.

(a) Only closed loop (aka geo-exchange, ground-source heat pumps) geothermal systems are permitted (see definitions in Part 2).

(b) Any well that is drilled or to be used in connection with a geothermal system must comply with this chapter, as amended from time to time.

(c) The installation specifications and drawings for the ground loop portions of a geothermal system shall be submitted to and approved by the Township. The installer and manufacturer shall certify that the installation and components, respectively, ground loop portions of the geothermal system conforms to the International Ground Source Heat Pump Association installation standards, as may amended and updated from time to time.

(d) As-built plans and related documents for the ground loop portion and well location of each geo-system shall be provided to the Township. A wire, metallic tracer tape, or similar means of facilitating the location and marking of the subsurface ground loop portion of the system shall be installed in close proximity to the exterior portion of the ground loop.

(e) A written plan for the operation of the geothermal system shall be provided to the Township and posted with the system. The plan shall contain the requirement that any system leaks or releases be reported immediately to the Township, Northampton County Department of Health, and the Pennsylvania Department of Environmental Protection. In the event of discontinued use of the geothermal system, a system closure plan will be prepared and submitted to the Township prior to closure.

(f) No geothermal system shall be located within 20 feet of any existing drinking water wells.

(g) No geothermal system shall be connected in any way to any sanitary sewer or stormwater disposal system.

(h) Only water, nontoxic fluids or solutions, or food-grade fluids may be used as a circulating or heat transfer fluid for the ground loop portions of geothermal systems.

(i) The above ground geothermal system shall not intrude into any required yards.

(10) Heliport. See standards under "Airport, Private Airstrip or Heliport" in § 27-1402A(3).

(11) Home-based Business, No-impact.

(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 that creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detactable 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.

(12) Home Occupation.

(a) The home occupation shall not be conducted on the premises outside of a building.

(b) The home occupation may be conducted within a principal or accessory residential building, provided that the total area used for any home occupation shall not exceed 25% of the total floor area of the principal dwelling unit.

(c) There shall be no outside storage of materials, products, or equipment.

(d) There shall be no use of show windows or any type of display or advertising visible from outside the premises, except for a single nonilluminated sign no larger than two square feet in size constructed and placed in accordance with Part 17.

(e) Building Appearance. There shall be no change in the existing outside appearance of the building or premises or other visible evidence of the conduct of a home occupation, except for the permitted sign.

(f) Parking of Trucks. The regulations of § 27-1602 shall apply. If such parking cannot be accommodated using a driveway, then such areas shall be located to the rear of the lot, to the maximum extent possible. Temporary parking on the lot or on the street of trucks with six or more wheels or servicing of the home occupation by such trucks shall be limited to no more than one such truck for no more than a total of one hour per day and a maximum of five times per week. The parking of up to two trucks each with only four wheels on the ground and with or without routine signs attached to the trucks shall be specifically permitted.

(g) No servicing of the home occupation by tractor-trailer trucks shall be permitted.

(h) Uses permitted as a home occupation include, but are not limited to, art studio, barber shop, beauty shop, professional office, and instruction or tutoring of not more than four pupils simultaneously.

(i) The following uses shall not be permitted as a home occupation: animal hospital, stable, kennels, funeral parlor, retail store, restaurant, or truck terminal.

(j) No use shall be permitted that would generate noise in excess of what is typical in a residential neighborhood. No machinery or equipment shall be permitted that produces noise, odor, vibration, light, or electrical or electromagnetic interference which is detectible in the neighborhood, including interference with radio or television reception.

(k) The Zoning Hearing Board may require such conditions as it deems reasonable and necessary to limit or negate potential adverse effects or impacts of a particular use.

(l) Number of Employees. A total maximum of one person shall work on the lot who is not a permanent resident of the dwelling, except for a barber or beauty shop, which shall only be conducted by one person who is a permanent resident of the dwelling.

(m) Hours. No home-based business shall be conducted in any way or manner that is perceptible from beyond the lot line between the hours of 9:00 p.m. and 7:00 a.m.

(n) Chemicals. The use shall not involve the storage or use of hazardous or explosive materials or chemicals, other than such substances and in such amounts as are commonly found in a dwelling.

(o) Traffic. No use shall be permitted that can reasonably be expected by itself to generate an average of more than 10 round vehicle trips per day.

(p) Visitation. Shall not involve the visitation of the home occupation for business purposes by more than six persons in any day.

(q) The business activity shall be compatible with the residential use of the property and surrounding residential uses.

(r) The business activity may not generate any solid waste or sewage discharge in volume or type that is not normally associated with residential use in the neighborhood.

(s) The business may not involve any illegal activity.

(13) Keeping of Animals. (NOTE: This does not pertain to animal husbandry that is regulated by § 27-1402 nor does it apply to agricultural district, but does apply to residential agriculture.)

(a) This is a permitted-by-right accessory use in all zoning districts.

(b) No use shall involve the keeping of animals or fowl in such a manner that it creates a nuisance (including noise or odor), or a health hazard or a safety hazard.

(c) No more than six dogs and no more than six cats shall be kept, unless the animals shall be regularly kept at least 200 feet from the nearest residential lot line. No numerical restriction shall apply to cats and dogs of less than six months of age.

(d) Up to a total of 12 pigeons and fowl may be kept, provided: they are kept outside of the required front yard; they are not kept for commercial purposes; the area where they are kept is enclosed in a method that will contain them; and that the area where they are kept is a minimum of 50 feet from any lot line and 100 feet from any dwelling, other than that of the owner of the animals.

(e) It is permitted to maintain up to two horses on a lot of two acres or more, provided any exercise area, horse barn, corral, fenced-in area, or stable is a minimum of 100 feet from any lot line and 200 feet from any existing dwelling that is exterior to the lot with the horses on it.

(f) Keeping of more than the specified number of cats or dogs shall be considered to be a kennel use.

(g) Keeping of more than the specified number of pigeons or fowl shall be considered to be animal husbandry use.

(h) Keeping of more than the specified number of horses shall be considered a stable.

(14) Leaf Composting.

(a) Shall be limited to the composting of biodegradable vegetative material, including grass clippings, trees, shrubs and leaves.

(b) Shall be conducted in such a way that neither a fire, rodent, insect, vermin nor vector hazard is created.

(c) Composting areas of greater than one acre shall be setback 50 feet from all lot lines.

(d) Composting of grass clippings shall be setback a minimum of 15 feet from the lot line of any dwelling.

(15) Nursery School. See "Day-Care Center" in this section.

(16) Outdoor Solid-Fuel-Burning Appliances.

(a) All outdoor solid-fuel-burning appliances shall be operated for the sole purpose of furnishing heat and/or hot water to a dwelling or other building pursuant to a permit issued hereunder.

(b) All outdoor solid-fuel-burning appliances shall be set back 200 feet from the property line and shall be located on a lot of not less than five acres.

(c) Outdoor solid-fuel-burning appliances shall burn only untreated, natural wood. Without limiting the generality of the foregoing, the following materials are specifically prohibited from being burned: garbage, waste oil, asphalt products, rubber, plastics, and/or any other material not recommended by the appliance manufacturer.

(d) All outdoor solid-fuel-burning appliances shall be installed with a chimney not less than two feet above the elevation of the roof peak or ridge line.

(e) Outdoor solid-fuel-burning appliances shall be approved or "listed" by the Underwriters Laboratories.

(f) All outdoor solid-fuel-burning appliances, including the chimney, shall be installed, operated, and maintained in strict compliance with the manufacturer's instructions and guidelines for said appliance. In the event that a conflict arises between the manufacturer's instructions and guidelines, and the regulations contained in this chapter, the stricter instructions or regulations shall apply.

(g) No person shall install and maintain any outdoor solid-fuel-burning appliance without first obtaining a permit for same issued by Williams Township.

(h) A site plan showing the location and height of the proposed appliance on the property, and the location and height of all existing structures, is required to be submitted to the Township as part of the permit application. The manufacturer's specifications and instructions shall also be furnished to the Township prior to the issuance of a permit.

(17) Outdoor Storage and Display, Commercial or Industrial (as a Principal or Accessory Use).

(a) Location. Shall not occupy any part of any existing or future street right-of-way; area intended or designed for pedestrian use; required parking area; or part of the required paved area setback (see § 27-1603G).

(b) No outside industrial storage shall be located on land with an average slope in excess of 15%.

(c) Screening. Shall comply with § 27-1304C, Buffer Yards.

(d) Tires. Any stacks of tires shall be stacked to a maximum of not more than 20 feet high. Each stack shall cover a maximum of not more than 400 square feet. Each stack shall be separated from other stacks by a minimum of 50 feet.

(e) No outside commercial or industrial storage or display shall be permitted in a required front yard in the LI/B or PUCD Zoning Districts.

(18) Recreational Vehicle Storage as an Accessory Use to a Dwelling. One uninhabited recreational vehicle in transportable condition may be stored on a lot in compliance with the following limitations:

(a) The recreational vehicle shall not be stored within the required front yard, except for a total of not more than 24 hours in any seven-day period.

(b) The recreational vehicle shall be set back a minimum of three feet from the lot line of any lot that includes an existing residential use.

(c) Any recreational vehicle that is required to be registered or licensed under state law to be operated on a public street and is not so registered or licensed shall be kept out of view from any public street or existing dwelling (other than the dwelling of the vehicle's owner).

(d) One recreational vehicle may be inhabited as a temporary accessory residence to a single-family detached dwelling for a period not to exceed seven days, not more than once in a calendar year.

(19) Residential Accessory Building, Structure or Uses. These uses shall be limited only to uses listed in this § 27-1403E(19) in compliance with the requirements listed in this § 27-1403 pertaining to Additional Requirements for Accessory Uses for each accessory use.

(a) Building (includes a private garage, carport, storage shed, greenhouse, or gazebo).

[1] Shall not be located in any required front, side, or rear setback for a principal or accessory use.

[2] Accessory buildings on a lot with a lot area of 43,560 square feet (one acre) or less in a residential district shall also comply with the following additional requirements:

[a] The maximum height of an accessory building is 25 feet.

[b] The maximum total floor area of the accessory building shall not exceed 800 square feet.

[c] There shall be a maximum of two accessory buildings per lot.

(b) Basketball Backboard. May be located within a required yard area, except shall be a minimum of two feet from any lot line.

(c) The following are permitted accessory uses to any dwelling in compliance with the requirements of this § 27-1403:

[1] Tennis court.

[2] Recreational vehicle storage.

[3] Swimming pool, private.

[4] Nursery school/day-care center as an accessory use.

[5] Home office.

[6] Volleyball court.

(20) Residential Agriculture.

(a) Minimum lot area shall be two acres.

(b) Any barn, corral, fenced-in area, or stable shall be located a minimum of 50 feet from any lot line and 150 feet from any existing dwelling that is exterior to the lot with any livestock on it.

(c) Shall have an approved potable water and sewage disposal system.

(d) All hazardous materials, including pesticides and animal wastes, shall be stored and disposed in accordance with DEP regulations, and shall be stored outside of required setbacks, buffer areas and well isolation distances.

(21) Retail Sales of Agricultural Products Produced on Premises.

(a) The use shall be an accessory use incidental to a crop farming or animal husbandry use.

(b) The use shall involve agricultural products produced primarily on the premises, such as hay, eggs, plants, or vegetables.

(c) Parking shall be provided in compliance with the provisions of Part 16.

(d) All buildings erected for this use that are not clearly permanent in nature shall be disassembled during seasons when products are not offered for sale.

(e) Signs. Shall be in compliance with § 27-1709.

(f) No stand shall be located closer than 20 feet from any lot line.

(g) A maximum of 2,000 square feet of building floor area may be used for such use.

(h) The use may occur as an accessory use within an existing dwelling or barn.

(22) Satellite Antennas.

(a) Intent. To provide for reception of satellite communications, while assuring that such uses will not detract from the character of any neighborhood or adversely affect property values. This section recognizes that if not properly installed, a satellite antenna may create a threat, and recognizes that if properly screened and sited, satellite antennas may avoid visual blight in the immediate area. This section also recognizes that satellite antennas have the potential of being substantially more of a nuisance and a visual blight than most other forms of electronic antennas. The reasons for this special concern about satellite antennas include the unusual opaqueness of the structure (which makes it more visible), the occasional desire and technical need for good reception to place a satellite antenna in front yards and on the fronts of roofs, and the overall size of satellite antennas compared to most other noncommercial antennas.

(b) Satellite antenna shall be a permitted-by-right accessory use in all zoning districts for all uses, subject to the following restrictions:

(c) Location and Maximum Number.

[1] In the LDR or MDR Zoning Districts, a satellite antenna shall neither be located between a residential use and the front lot line, nor on a corner lot between a residential use and any public street (other than an alley).

[2] A satellite antenna shall comply with the setback requirements of an accessory use in all districts.

[3] No satellite antenna shall be placed on the roof of a structure in the LDR or MDR Zoning Districts. An antenna may be roof-mounted in any zoning district other than a residential district.

[4] A maximum of one satellite antenna shall be permitted on any lot in a residential district.

(d) Size and Height.

[1] A satellite antenna shall have a maximum diameter of:

[a] Eleven feet in the LDR or MDR Zoning Districts;

[b] Fifteen feet in a nonresidential district if ground-mounted; or

[c] Eleven feet in a nonresidential district if not ground-mounted.

[2] A satellite antenna shall have a maximum height of not more 12 feet above the average ground level in the LDR or MDR Zoning District.

[3] In any zoning district other than LDR or MDR, a satellite antenna shall have a maximum height of not more than 25 feet above the average ground level if the antenna is ground-mounted, or 15 feet above the highest point of a roof if roof-mounted.

(e) Screening. Any satellite antenna that is ground-mounted shall be screened by appropriate evergreen plantings between the antenna and any public street, unless the applicant proves to the satisfaction of the Zoning Officer that screening in such a location would make it impossible to receive the electronic signals.

(f) Colors. Earth tones for the color of the satellite antenna are strongly encouraged.

(g) Large Lot Exemption. If a satellite antenna is located a minimum of 200 feet from all exterior lot lines, then the requirements of this subsection shall not be applicable, other than the height limitations.

(h) Mobile Stands. Satellite antennas on mobile stands are prohibited, except as may be initially or temporarily needed for testing to determine the best location for an antenna.

(i) Transmission. No satellite antenna permitted under this subsection shall be used for the transmission of commercial electronic signals within the LDR or MDR Zoning Districts.

(j) Wind Resistance. Any satellite antenna shall be properly secure so that it will be resistant to high winds, and shall withstand 100 mph winds.

(23) (Reserved)[2]

[2] Editor's Note: Former Subsection E(23), Solar Energy System, off-site usage, was deleted pursuant to Ord. No. 2022-02, 5/11/2022. See now § 27-1402A

(24) Solar Energy System, on-site usage.

(a) Solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer, owner, and/or operator of the system. In no case shall any such identification be visible from beyond or outside the property line.

(b) The design of solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening, and landscaping that will blend with the existing and surrounding environment; and all panels shall be oriented in the same direction; that is, vertically or horizontally.

(c) Solar panels installed as ground arrays shall comply with the following:

[1] No adjacent property owner shall be required to remove or cut any plant, bush, crop, or tree.

[2] Ground arrays shall not project into a required yard setback.

[3] Ground arrays shall not be permitted in a front yard.

[4] Ground arrays shall be located so that any reflection is directed away or is buffered from any adjoining property.

[5] Ground arrays shall not exceed a height of eight feet at the highest point of the structure.

[6] The maximum fixed angle from the horizontal of the ground array shall not exceed 75°.

[7] The property owner shall be required to install a secure and locked (minimum) six-foot-high fence around the ground array and the equipment related thereto.

(d) Roof-mounted solar energy system shall comply with the following:

[1] Permitted solar energy system panels shall include integrated solar panels as the surface layer of the roof structure with no additional apparent change in relief or projection (the preferred installation) or separate solar panels attached flat to the roof's surface.

[2] Roof-mounted solar panels other than those described in Subsection E(24)(d)[1] (above) shall be permitted so long as such roof-mounted solar panels are located on a rear or side facing roof, as viewed from any adjacent street; shall not exceed three feet above the plane of a sloped rooftop at any point, shall not project vertically above the peak or ridge line of a sloped roof or more than five feet above a flat roof.

[3] The highest point of solar panels on rooftops shall not exceed one foot above the permitted height of the zoning district.

[4] Before the issuance of a zoning and/or building permit, the applicant shall provide a Pennsylvania-licensed professional engineer's certification with the engineer's seal that the roof can support the panels and equipment to be installed on it.

(e) A solar energy system shall primarily provide power for the principal use and/or accessory uses of the property on which the solar energy system is located and shall not be primarily used for the generation of power for the sale of energy to others, although this provision shall not prohibit the sale of excess power generated from time to time to the local utility company. The designer of the system or the local utility provider shall provide certification to the Township that the design of the system is not an annual production of more than 200% of the amount of power than is needed based on the historical annual electrical usage of the property owner.

(f) All mechanical equipment associated with and necessary for the operation of the solar energy system shall comply with the following:

[1] The design and installation of the solar energy system shall conform to applicable industry standards. A building permit shall be obtained for a solar energy system in accordance with the requirements of the Pennsylvania Uniform Construction Code (UCC), as amended. All wiring shall comply with the applicable version of the National Electric Code (NEC), as amended. The local electric utility service provider shall be contacted by the owner and/or applicant to determine grid interconnection and net metering policies.

[2] The solar energy system owner, at his or her expense, shall complete decommissioning of the system within 12 months after the end of the useful life of the system, within 12 months of damage which prevents the system from operating at full capacity and in a safe manner, and which damage remains continuously unrepaired or uncorrected during the entire said twelve-month period or within 12 months of continuous nongeneration of electricity.

[3] A Pennsylvania structural engineer shall seal all plans for either a ground array or roof-mounted solar energy system to certify that the roof can support the loads, and that the roof and/or ground array can withstand 100 mile-an-hour winds.

[4] Only a North American Board of Certified Energy Practitioner (NABCEP) or a licensed electrician shall install a solar energy system.

(g) A site plan shall be submitted and a zoning permit shall be obtained prior to installation or construction of any facilities relating to a solar energy system on-site usage.

[Added by Ord. No. 2022-02, 5/11/2022]

(25) Swimming Pool, Private.

(a) A zoning permit shall be required to locate, construct, install or maintain a private swimming pool.

(b) A proper method shall be provided for complete drainage of the water from the pool that will not overload or flood any on-lot sewage disposal system, or any basement of any building.

(c) The pool shall not involve any commercial use.

(d) Such pool shall not be located in a front yard. No aboveground or in-ground pool shall be located within 15 feet of a side or rear lot line, under any electrical lines, or over any part of an on-lot sewerage disposal field or system.

(e) The discharge point from any inlet or pipe or spout used to fill the pool from a public water system shall be above the overflow level of the pool.

(f) All pumps, electrical appliances, equipment, receptacles, and any electrical circuits in the vicinity of the pool shall utilize a ground fault circuit interrupter (GFCI).

(26) Tennis Court.

(a) A tennis court shall not be located in the front yard setback of a dwelling (except or corner lots) and shall not be located within any required accessory yard areas.

(b) No lighting shall shine directly beyond a boundary of the lot where the tennis court is located.

(c) A tennis court shall not be located over absorption area of an on-lot sewage disposal system.

(27) Wind Turbine/Windmill, Individual Energy Appliance.

(a) All windmills that could be climbed upon by children (i.e., "lattice type," or monopoles with ladders less than 10 feet above the ground) shall be surrounded by a fence at least six feet in height which is located at least five feet from any portion of the base of such windmill.

(b) No windmill shall be permitted which would have any vane, sail, or rotor blade pass within 15 feet of the ground.

(c) All electrical wiring leading from a windmill shall be installed underground.

(d) No windmills shall be permitted within the front yard or within any required building setbacks.

(e) Windmills shall be set back from any property line or above-ground utility line a distance greater than the windmill's overall height, including blades, or the minimum yard requirement, whichever is the greater distance.

(f) All windmills shall comply with the current requirements of the FAA.

(g) Windmills shall be coated with a nonreflective surface, and shall not contain or display any advertising.

(h) Maximum height of residential windmills is 35 feet.

(i) Turbines must have an automatic brake or other device to prevent over-speeding from exerting pressure on the tower structure.

(j) Wind systems shall not to be artificially lighted, unless required by the Federal Aviation Administration ("FAA") or other authority.

(k) Wind systems shall not be used for advertising. Small signs shall be permitted identifying the manufacturer, owner, or operator of the systems.

(l) A site plan shall be submitted and a zoning permit shall be obtained prior to installation or construction of any facilities relating to a wind turbine/windmill.

[Added by Ord. No. 2022-02, 5/11/2022]

F. Accessory Uses permitted by-right in Zoning Districts which allow by-right Commercial, Industrial or Institutional Uses:

(1) In addition to accessory uses permitted by § 27-1403C, the following accessory uses are permitted:

(a) Coin-operated telephones.

(b) Coin-operated beverage and snack machines.

(c) Coin-operated newspaper sales machines.

(d) The following accessory uses, provided that the use is clearly limited to employees, patients, residents, and families of employees, and that any applicable state and/or local permits are obtained:

[1] Child nursery/day-care center.

[2] Noncommercial recreational facilities.

[3] Food service, vending machine or standard restaurant, but not including fast food or drive-through.