A. 
Vehicular access. Every building hereafter erected or moved shall be on a lot adjacent to a public street or with vehicular access to an improved private street, and all structures shall be so located on lots as to provide safe and convenient vehicular access for servicing, fire protection and required off-street parking.
B. 
Storage. All storage, except for firewood or materials primarily for agricultural use, shall be completely screened from view from any public street right-of-way and any residential use which abuts the lot. All garbage shall be contained in airtight, vermin-proof containers which shall also be screened from view from any public street right-of-way or abutting residential use.
C. 
Lots shall be screened in accordance with § 98-51 of the Brecknock Township Subdivision and Land Development Ordinance.[1]
[Amended 4-9-2013 by Ord. No. 190-2013]
[1]
Editor's Note: See Ch. 98, Subdivision and Land Development.
D. 
Landscaping. Any part or portion of a nonagricultural use site which is not used for buildings or other structures or off-street parking or loading facilities shall be planted with an all-season ground cover approved by the Zoning Officer. It shall be maintained to provide an attractive appearance, and all nonsurviving ground cover shall be replaced promptly.
E. 
Lighting. All on-site lighting shall comply with the requirements of § 98-52 of the Brecknock Township Subdivision and Land Development Ordinance.[2]
[Amended 4-9-2013 by Ord. No. 190-2013]
[2]
Editor's Note: See Ch. 98, Subdivision and Land Development.
[Amended 4-9-2013 by Ord. No. 190-2013]
The following regulations shall apply for all existing and proposed lots in the Forest Recreation (FR) Zoning District.
A. 
Only those areas necessary for the construction of structures for which a zoning permit has been issued should be cleared of existing woodland.
B. 
If no subdivision or land development plan is required to be approved by the Board of Supervisors, a plan showing all proposed development, construction and/or alteration of land shall be required to be submitted by the landowner to the Zoning Officer prior to the issuance of a zoning permit.
C. 
Stormwater management plans and data designed in accordance with Chapter 93, Stormwater Management, shall be required for any increase in impervious cover or other change in cover conditions that results in an increase in runoff in the post-development condition from the predevelopment condition.
A. 
All agricultural uses shall comply with the following general requirements:
(1) 
All grazing or pasture areas shall be fenced.
(2) 
All manure storage structures shall be constructed in accordance with Soil Conservation Service specifications.
(3) 
Any in-ground manure pits shall have a six-foot fence enclosing them.
(4) 
Livestock shall be raised in accordance with normal farming operations. Normal farming operations shall be considered customary and generally accepted activities, practices and procedures that livestock operations in Lancaster County adopt, use and engage in year after year.
(5) 
All dead livestock shall be butchered, slaughtered, incinerated, frozen or delivered to a rendering plant or disposed of in an acceptable composting facility within 48 hours of the death of the animal. All dead animals shall be stored in a container or building.
(6) 
The display and sale of locally produced food and agricultural products shall be permitted provided that:
(a) 
At least 50% of such products shall have been produced on the property on which they are offered for sale.
(b) 
Parking space for at least three cars shall be provided behind the street right-of-way line.
(c) 
Sale of farm products shall be conducted from either a portable stand located behind the street right-of-way line and which will be dismantled at the end of the growing season or from a permanent building located a minimum of 50 feet from the street right-of-way line.
(d) 
No more than one, nonilluminated, advertising sign is permitted on the lot selling locally produced food and agricultural products, provided it is only displayed during the growing season and does not exceed 24 square feet in area. The sign shall be removed when the display or sales of the agricultural products ceases during the calendar year. The location of the sign in all other aspects shall comply with § 110-84H(4) and (5).
[Added 5-11-2010 by Ord. No. 171]
(7) 
The minimum front, side and rear yard depth for all agricultural buildings shall be 50 feet. There shall be no minimum interior distance between farm buildings.
B. 
Notwithstanding anything contained in this chapter to the contrary, all manure and agricultural facilities and buildings, including poultry-houses and livestock facilities, shall be managed in a manner so as to prevent pollution and in accordance with all existing and future environmental statutes and regulations, including the Pennsylvania Clean Streams Law.[1] Failure to follow the manure management practices described in Manure Management for Environmental Protection, published by DER in October 1986, together with any technical supplements to said publication or with the provisions of any permit issued by DER, shall be considered a violation of this chapter.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
C. 
Intensive agricultural operations shall comply with the following requirements:
(1) 
Structures used for housing and/or feeding animals which represent the intensive agricultural use shall not be located closer than the following minimum setbacks:
(a) 
Seventy-five feet to all street right-of-way lines.
(b) 
Fifty feet to all property lines.
(c) 
Five hundred feet to the boundary of the RL, RM and NC Zoning Districts; provided, however, that if the intensive agricultural operation shall be located within the RL, RM or NC Zoning District, 500 feet to all property lines.
(d) 
Two hundred feet to all dwellings located on adjacent properties or any lots of record less than three acres in size.
(2) 
A minimum lot size of 10 acres is required.
A. 
Manufactured homes shall either be located in a manufactured home park or be considered as a dwelling as regulated by this chapter.
B. 
All dwellings shall comply with the following requirements:
(1) 
The foundation of the dwelling shall be an entire perimeter wall, either of concrete or masonry construction, extending from below the frost line to the underside of the dwelling.
(2) 
The dwelling shall be attached to the foundation wall by anchor bolts or similar attachments approved by the Zoning Officer.
C. 
In the event a dwelling was formerly a manufactured home, the entire running gear and any towing apparatus shall be removed.
D. 
No more than six dwelling units may be attached together in a townhouse dwelling. The entirety of a townhouse dwelling must be located on one lot, and individual dwelling units within a townhouse dwelling may not be located on separate lots. Multiple townhouse dwellings may be located on the same lot when in accordance with the dimensional requirements applicable to the relevant zoning district.
[Amended 4-9-2019 by Ord. No. 221-2019]
E. 
No more than 12 dwelling units may be located in an apartment dwelling. The entirety of an apartment dwelling must be located on one lot, and individual dwelling units within an apartment dwelling may not be located on separate lots. Multiple apartment dwellings may be located on the same lot when in accordance with the dimensional requirements applicable to the relevant zoning district.
[Amended 4-9-2019 by Ord. No. 221-2019]
F. 
An adequate supply of water, in accordance with § 110-72, for each dwelling unit shall be demonstrated if the number of dwelling units proposed in the development is equal to or greater than 10 or if the density exceeds one dwelling unit per acre.
[Amended 1-12-2010 by Ord. No. 169]
A. 
Background. The Township recognizes the need to establish regulations pertaining to home-based occupations as a result of the increased need for the diversity of income for farmers to help offset the rising cost of living. Such regulations must be developed in a manner which protects adjacent agricultural uses from adverse effects. Since home-based occupations in sparsely populated areas do not typically represent a significant threat to adjacent property owners, the Township has created regulations for family farm support businesses in order to promote and preserve family farms within the Township.
B. 
Purpose. It is the intent of this section to establish regulations which permit family farm support businesses to supplement farm incomes in a manner which will not adversely affect the agricultural use of the land and to ensure the compatibility of such uses with farming and other uses permitted within the same zoning district.
C. 
Conditions. All properties containing a family farm support business shall comply with the following:
(1) 
The business must be owned and operated by a person in residence on the farm.
(2) 
The business must be located on a property of at least 10 acres in lot size, actively used for farming, and the principal use of the property must be as a farm.
[Amended 5-11-2010 by Ord. No. 171]
(3) 
Examples of family farm support businesses shall include the following: agricultural equipment repair; welding; small machine repair; painting service; fencing service; sharpening service; livestock grooming; shearing or trimming services; agricultural consulting service; specialized small agricultural equipment and/or parts manufacturing; small-scale feed or fertilizer franchise; butcher shops; blacksmith shops; carriage shop or harness shop, woodworking or other similar enterprises associated with indigenous agrarian culture as determined by the Zoning Hearing Board.
(4) 
No more than eight persons, either related or nonrelated, shall be employed in such family farm support business.
[Amended 6-12-2018 by Ord. No. 217-2018]
(5) 
The building footprint of any and all structures used to engage in the family farm support business activities shall not exceed 5,000 square feet, except that the building footprint may be increased when an applicant establishes that the structures will be sited on nonproductive/nontillable agricultural soils and does not have an adverse effect upon the existing agricultural uses of the farm. Additional storage for the business can be provided for within all of the following:
[Amended 6-12-2018 by Ord. No. 217-2018]
(a) 
An enclosed attached or detached storage space not to exceed 2,500 square feet;
(b) 
An agriculture building that existed prior to the application for the business use can be used for storage when its interior or exterior appearance will not be altered in any way that would prevent it from any future use as an agriculture building;
(c) 
An outdoor storage area screened from the view of any adjoining residential dwelling within 500 feet; and
(d) 
Other storage as determined by the Zoning Hearing Board to be consistent with the surrounding neighborhood.
(6) 
The maximum building height shall not exceed 35 feet.
(7) 
A family farm support business shall limit any external evidence of an occupation to one nonilluminated sign, subject to Article IX.
(8) 
No traffic shall be generated by the family farm support business in greater volumes than would normally be expected in a rural area.
(9) 
A family farm support business shall not produce noise, obnoxious odors, vibrations, lighting glare, fumes, smoke or electrical interference detectable to normal sensory perception at lot lines.
(10) 
There shall be no illegal discharge of any materials, fluids or gasses into the sewage disposal facilities or in any other manner which would be in violation of any applicable government code.
(11) 
Family farm support businesses utilizing or proposing to utilize explosive or highly flammable materials shall require proof of Fire Department notification and compliance with the Township Building Code[1] prior to using such materials.
[1]
Editor's Note: See Ch. 40, Building Construction, Art. I, Adoption of Standards.
D. 
Application and permitting procedure. Family farm support businesses shall be subject to the following application and approval process:
(1) 
The applicant shall demonstrate compliance with the requirements of this chapter and shall request a special exception from the Zoning Hearing Board.
(2) 
If a special exception is granted, the applicant shall apply for a family farm support business permit from the Zoning Officer.
(3) 
The Zoning Officer shall review the application for compliance with this Zoning Chapter, and any conditions imposed upon the granting of the special exception by the Zoning Hearing Board, visit the property if deemed necessary and approve or deny the application for the family farm support business permit.
E. 
Annual survey and inspection of family farm support businesses. Once each year the Township shall forward a survey to each person who has been granted Zoning Hearing Board approval to operate a family farm support business or who commenced the operation of a family farm support business before approval of the Zoning Hearing Board was required. Such survey shall request information to determine continued compliance with the requirements of this section and any conditions imposed upon the granting of the special exception by the Zoning Hearing Board, including but not limited to the number of employees, area devoted to the family farm support business and hours of operation. The Zoning Officer shall, on an annual basis, visit and inspect each property upon which a family farm support business is operated in order to determine the accuracy of statements made on the annual survey. The making of false statements on the annual survey and the failure to cooperate with the annual inspection shall each be a violation of this Zoning Chapter. Failure to return the annual survey shall be considered evidence that the use has been discontinued.
[Amended 5-14-2013 by Ord. No. 192-2013]
F. 
Administrative fee. The Township may from time to time establish by resolution various fees (including annual fees) for the administration of the application, survey, and inspection provisions set forth in this section. All such fees shall be based upon the Township's actual cost of administering this section and shall be set forth on a fee schedule made available to the general public.
[Added 5-14-2013 by Ord. No. 192-2013]
A. 
Background. The Township recognizes the need to establish regulations pertaining to home-based occupations as a result of the increased need for the diversity of income to help offset the rising cost of living. Home occupations will particularly benefit individuals with physical disabilities as well as those having to care for children or the elderly within their home. The Township also recognizes the potential benefits to the local community which could be realized by those seeking services or goods supplied through home occupations.
B. 
Purpose. It is the intent of this section to establish regulations which will permit home occupations in a manner which will preserve the peace, quiet and tranquility of residential neighborhoods and to ensure the compatibility of such uses with other uses permitted within the same zoning district.
C. 
Conditions. All dwellings containing a home occupation shall comply with the following:
(1) 
The person primarily responsible for the home occupation shall be a full-time resident of the dwelling.
(2) 
No more than two persons not in residence in the dwelling shall be employed in a home occupation.
(3) 
No more than 25% of the floor area, excluding attics, garages and basements, of the dwelling may be used for the practice of a home occupation.
(4) 
No more than one home occupation shall be permitted within any single dwelling unit.
(5) 
No displays or change in the building facade shall indicate from the exterior that the dwelling is being utilized for purposes other than a dwelling.
(6) 
A home occupation shall limit any external evidence of an occupation to one nonilluminated sign, subject to Article IX.
(7) 
To prevent on-street parking, the resident responsible for the home occupation shall schedule client appointments and shall provide adequate off-street parking.
(8) 
The storage of materials, products or machinery used for the home occupation shall be wholly enclosed by the dwelling, within the maximum floor area previously defined, and shall not be visible from any adjacent lot or street.
(9) 
The home occupation shall be conducted entirely within the dwelling.
(10) 
Deliveries shall not restrict traffic circulation.
(11) 
No traffic shall be generated by the home occupation in greater volumes than would normally be expected in a residential neighborhood.
(12) 
A home occupation shall not produce noise, obnoxious odors, vibrations, lighting glare, fumes, smoke or electrical interference detectable to normal sensory perception outside the structure.
(13) 
There shall be no illegal discharge of any materials, fluids or gases into the sewage disposal facilities or in any other manner which would be in violation of any applicable government code.
(14) 
Sales of goods on the premises shall be limited to:
(a) 
Goods made on the premises.
(b) 
Goods relating to services performed on the premises.
(c) 
Goods ordered previously by telephone or at a sales meeting, which are not made on the premises and which do not relate to services performed on the premises.
(15) 
Home occupations utilizing or proposing to utilize explosive or highly flammable materials shall require proof of Fire Department notification and compliance with the Township Building Code prior to using such materials.
D. 
Application procedure. Home occupations shall be subject to the following application and approval process:
(1) 
The applicant shall demonstrate compliance with the requirements of this chapter and shall request a special exception from the Zoning Hearing Board.
(2) 
If a special exception is granted, the applicant shall apply for a home occupation permit from the Zoning Officer.
(3) 
The Zoning Officer shall review the application for compliance with this Zoning Chapter and any conditions imposed upon the granting of the special exception by the Zoning Hearing Board, visit the dwelling if deemed necessary and approve or deny the application for the home occupation permit.
E. 
Annual survey and inspection of home occupations. Once each year the Township shall forward a survey to each person who has been granted Zoning Hearing Board approval to operate a home occupation or who commenced the operation of a home occupation before approval of the Zoning Hearing Board was required. Such survey shall request information to determine continued compliance with the requirements of this section and any conditions imposed upon the granting of the special exception by the Zoning Hearing Board, including but not limited to the number of employees, area devoted to the home occupation and hours of operation. The Zoning Officer shall, on an annual basis, visit and inspect each property upon which a home occupation is operated in order to determine the accuracy of statements made on the annual survey. The making of false statements on the annual survey and the failure to cooperate with the annual inspection shall each be a violation of this Zoning Chapter. Failure to return the annual survey shall be considered evidence that the use has been discontinued.
[Amended 5-14-2013 by Ord. No. 192-2013]
F. 
Exceptions to the application, survey, and inspection procedure. The application, survey, and inspection procedure contained in Subsections D and E shall not be required for home occupations which comply with all of the conditions of Subsection C, as well as the following.
[Amended 5-14-2013 by Ord. No. 192-2013]
(1) 
The total number of visitations by nonresidents for business purposes shall not exceed 12 visitations per year.
(2) 
All persons involved in the occupation shall be full-time residents.
(3) 
There shall be no evidence from the exterior that the dwelling is being utilized for purposes other than a dwelling.
(4) 
No signs shall be utilized.
G. 
Administrative fee. The Township may from time to time establish by resolution various fees (including annual fees) for the administration of the application, survey, and inspection provisions set forth in this section. All such fees shall be based upon the Township's actual cost of administering this section and shall be set forth on a fee schedule made available to the general public.
[Added 5-14-2013 by Ord. No. 192-2013]
[Amended 4-12-2005 by Ord. No. 151]
Manufactured home parks are permitted within the RM District by special exception subject to the following criteria:
A. 
The minimum size of a manufactured home park shall be 10 acres.
B. 
Public water shall be supplied to all dwellings within a manufactured home park. Such system shall be installed according to the requirements of the DER.
C. 
Manufactured home parks shall be served by a public sewer system. If the public sewer system is privately owned, the owner of the manufactured home park shall prepare an evaluation of the various sewage disposal alternatives which addresses the following:
(1) 
The cost of extending existing public sewers, owned by the Northern Lancaster County Authority or other sewer authority, to the site. This shall address the length of the extension, potential methods of conveyance and the ability of the existing public sewer system to accommodate flows from the site.
(2) 
The cost of the privately owned public sewer system, including installation, operation and maintenance costs, in comparison to the costs associated with the extension of existing sewer lines to the site. This shall also provide adequate justification for the selection of the privately owned public sewer system.
(3) 
Financial assurances for the repair or replacement of the privately owned system.
D. 
The density of a manufactured home park shall not exceed five units per acre.
E. 
With the exception of corner lots, manufactured home lots shall contain a front yard, two side yards and a rear yard which shall comply with the following requirements. The minimum lot area and required front yard shall be measured from the edge of pavement of the interior roads within the manufactured home park.
(1) 
The minimum lot area shall be 5,000 square feet.
(2) 
The minimum front yard shall be 25 feet.
(3) 
The minimum side yard shall be 10 feet.
(4) 
The minimum rear yard shall be 25 feet.
F. 
All accessory buildings shall not be located closer than 10 feet to any adjacent manufactured home lot. Likewise, all patios, porches and decks shall not be located within any required front, side or rear yard.
G. 
All manufactured home parks shall be screened from view of all adjacent properties from ground level to a minimum height of six feet. Such screening may consist of an earthen berm and/or evergreen plantings with trees having a minimum size of six feet in height at the time of planting. Such screening shall be provided within a perimeter landscape buffer which is a minimum width of 50 feet.
H. 
At least 25% of the gross acreage of the mobile home park shall be devoted to active and/or passive recreational areas. Responsibility for the maintenance of the recreational areas shall be with the landowner and/or the operator. Should the landowner and/or operator neglect to maintain the designated recreational areas, the Township may then maintain said areas and assess the landowner for any costs incurred.
I. 
Each manufactured home shall be placed on a frost-free concrete pad which is equal to or greater than the dimensions of the manufactured home or piles constructed of concrete or masonry which shall extend to the frost line of the locality. Each parking space for manufactured homes shall be provided with devices for anchoring the unit to prevent overturning or uplifting as outlined in the BOCA Building Code.[2] Skirting is also required between the manufactured home and the pad and shall be comprised of the same color and like material as the manufactured home.
[2]
Editor's Note: See Ch. 40, Building Construction, Art. I, Adoption of Standards.
J. 
Interior manufactured home park roads shall provide access to all manufactured homes. Such roads shall be paved with an all-weather dust-free surface at least 20 feet wide for two-way roads, and 12 feet wide for one-way roads. If on-street parking is provided, such minimum widths shall be increased by 10 feet for each lane of parking.
K. 
The owner of the manufactured home park shall make certain that zoning and building permits are obtained prior to the construction or installation of all structures on the premises.
L. 
A traffic impact study shall be performed subject to the requirements of § 110-81.
[1]
Editor's Note: See also Ch. 70, Mobile Homes and Mobile Home Parks.
All campgrounds shall comply with the following requirements:
A. 
The minimum site shall be not less than 50 acres.
B. 
A minimum of 20% of the gross area of the campground shall be devoted to active and passive recreational facilities. Responsibility for maintenance of the recreation area shall be with the landowner.
C. 
A landscape screen shall be provided between the campground and any abutting property unless natural or physical man-made barriers exist.
D. 
Any swimming pools, recreation centers, clubhouses, rest rooms or other similar areas of high use or noise potential shall be located not less than 200 feet from all property lines.
E. 
Every campground shall have an office in which shall be located the office of the person responsible for the operation of the campground.
F. 
All drinking water used in the operation of a campground shall be provided from a supply approved by the DER.
G. 
All sewage disposal systems serving a campground shall be approved by the DER.
H. 
Rest rooms with toilet and water facilities shall be provided on the premises of each campground for the use of the employees and occupants of the campground. These facilities shall be approved by the DER.
I. 
Solid waste disposal and vector control shall be the responsibility of the campground landowner and shall be performed in accordance with the requirements of the DER.
J. 
All lighting shall be arranged and shielded so that no glare or direct illumination shall be cast upon adjacent properties or public streets.
K. 
Roads within the campground shall have a minimum width of 12 feet for one-way streets and 20 feet for two-way streets. Vehicular access to campsites shall be provided only by way of the road network within the campgrounds.
L. 
A traffic impact study is required subject to the requirements of § 110-81.
M. 
The expansion of an existing campground shall require a special exception based on the provisions of this section.
N. 
Camping sites shall be located a minimum of 100 feet from any public street right-of-way and 50 feet from any side or rear property line.
O. 
The applicant shall provide a plan of the proposed campground or expansion thereto, at a scale of one inch equals 100 feet or of greater detail, which demonstrates full compliance with this Zoning Chapter and any other applicable municipal regulations. Such plan shall show the location of all existing and proposed structures, roads and camping sites.
P. 
The owner of the campground shall make certain that zoning and building permits are obtained prior to the construction or installation of all structures on the premises. This provision includes structures proposed on camping sites other than tents or campers.
[1]
Editor's Note: See also Ch. 49, Campgrounds.
All commercial uses shall comply with the following requirements:
A. 
No use shall emit any odor perceptible at the lot boundaries.
B. 
No glare shall be allowed which is perceptible at the lot boundaries.
C. 
Noise emanating from a use shall not exceed the level of ordinary conversation at the lot boundaries. Short, intermittent noise peaks may be permitted if they do not exceed normal traffic noise peaks at any point on the lot boundaries.
D. 
Establishments furnishing carts or mobile baskets shall provide definite areas on the site for the storage of the carts which shall be clearly marked and designated for storage.
A. 
No use shall emit obnoxious, toxic or corrosive fumes or gases.
B. 
No use shall emit odors which are perceptible at the lot lines.
C. 
No use shall emit smoke from the primary activities of plant operations.
D. 
No use shall discharge into the air dust or other particulate matter.
E. 
No use shall produce any heat or glare perceptible at or beyond the lot boundaries.
F. 
No use shall utilize lighting in a manner which produces glare perceptible at or beyond the lot boundaries.
G. 
No use shall permit physical vibrations perceptible at or beyond the lot boundaries.
H. 
No use shall produce electromagnetic radiation or injurious radioactive emissions.
I. 
No use shall engage in the reproduction or storage of any material designed for use as an explosive.
J. 
No use shall engage in the storage of objectionable waste material on the lot for any period beyond 30 days.
K. 
No use shall discharge any untreated or potentially dangerous effluent from plant operations.
L. 
No use shall cause the sound level beyond its property lines to exceed the following sound-pressure levels as measured in decibels on an A-weighted scale (SPL-dBA), with the exception of noises produced by automobiles, trucks, airplanes, railroads, safety signals, warning devices and emergency pressure relief valves:
Octave Band
(cycles per second)
Maximum SPL-dBA
    0 to 74  
74
  75 to 149  
59
  150 to 299  
52
  300 to 599  
46
  600 to 1,199
42
1,200 to 2,399
39
2,400 to 4,800
36
Above 4,800
33
M. 
All principal and accessory uses shall comply with all existing, applicable state and federal laws, rules and regulations dealing with noise, environmental health and pollution standards.
All solid waste disposal sites, quarries, natural resource extraction operations and junkyards shall comply with the following requirements:
A. 
No use shall emit fumes or gases that constitute a health hazard as defined by the United States Environmental Protection Agency or other appropriate regulatory agency.
B. 
No use shall produce heat or offensive glare perceptible at or beyond the property line.
C. 
No use shall utilize lighting in any manner which produces glare onto public streets or other tracts of land.
D. 
No use shall produce any physical vibrations perceptible at or beyond the property line in excess of the following maximum levels:
Frequency
(cycles per second)
Displacement
(thousandths of an inch)
0 to 5
17.0
6 to 10
4.0
11 to 20
1.3
21 to 30
0.7
31 to 40
0.5
Greater than 40
0.4
E. 
The production or storage of any material designed for use as an explosive in a manner which has the potential to endanger surrounding properties is prohibited.
F. 
No use shall discharge any untreated or improperly treated effluent or leachate which constitutes a health risk or a risk of pollution of ground- or surface waters by virtue of its composition and/or concentration.
G. 
No use shall discharge effluent which will raise the temperature of any stream or creek more than five degrees Fahrenheit above normal at a point 10 feet downstream of the discharge.
H. 
No use shall cause the sound level beyond its property lines to exceed the following sound-pressure levels as measured in decibels on an A-weighted scale (SPL-dBA), with the exception of noises produced by automobiles, trucks, airplanes, railroads, safety signals, warning devices and emergency pressure relief valves:
Octave Band
(cycles per second)
Maximum SPL-dBA
    0 to 74  
74
  75 to 149  
59
  150 to 299  
52
  300 to 599  
46
  600 to 1,199
42
1,200 to 2,399
39
2,400 to 4,800
36
Above 4,800
33
I. 
No use shall unduly disturb bodies of water, watercourses or wetlands or jeopardize the water supply of adjacent landowners.
J. 
The following minimum setbacks shall be maintained between all property lines and road rights of way:
(1) 
Quarry pits or ditches and solid waste disposal areas shall be set back a minimum of 500 feet.
(2) 
Junk storage areas shall be set back a minimum of 100 feet.
(3) 
All structures shall be set back a minimum distance equal to the height of such structures unless a greater distance is required by other municipal, state or federal regulations. In addition, structures used for the processing of quarried material shall be set back a minimum of 500 feet.
(4) 
Parking and loading and/or unloading areas for quarries, natural resource extraction operations and solid waste disposal facilities shall be set back a minimum of 300 feet.
(5) 
Parking and loading and/or unloading areas for junkyards shall be set back a minimum of 100 feet.
K. 
The minimum lot size for quarries and solid waste disposal sites shall be 50 acres.
L. 
The minimum lot size for junk yards shall be five acres.
M. 
All such uses shall be screened from view of all adjacent properties from ground level to a minimum height of six feet. Such screening may consist of an earthen berm and/or evergreen plantings with trees having a minimum size of six feet in height at the time of planting. Such screening shall be provided within a perimeter landscape buffer which has a minimum width of 50 feet.
N. 
Fencing and gates shall be erected around all quarry pits and solid waste disposal sites. Such fencing and gates shall not be located closer than 25 feet to any adjacent property, shall contain barbed wire on the top of the fencing and gates and shall have a minimum height of six feet, not including the barbed wire.
O. 
Sufficient stacking lanes into the facility shall be provided to avoid the obstruction of vehicles on public roads.
P. 
All driveways onto the site of a quarry or solid waste disposal operation shall be paved for a distance of at least 200 feet from the street right-of-way. In addition, a fifty-foot-long gravel section of driveway shall be placed just beyond the preceding two-hundred-foot section of driveway to assist with the removal of mud from the wheels of vehicles.
Q. 
Litter control shall be exercised to prevent the scattering of wind-borne debris.
R. 
Any waste that cannot be used in any disposal process or material that is to be recycled shall be stored in a leak- and vectorproof manner.
S. 
The operator of any disposal site, quarry, natural extraction operation or junkyard shall permit the Township to monitor all emissions, effluent discharges, odors and noise on site, at all stages of operation, on a twenty-four-hour basis.
T. 
The operator of the facility shall comply with all applicable regulations of DER, the Environmental Protection Agency and any other applicable agency and with all federal, state, county and Township laws in the operation of the use.
U. 
The operator of the facility shall limit access to the site to those posted times when an attendant is on duty.
V. 
The operator of the facility shall maintain and make available to the public at its offices all permits and approved plans required by all governmental regulatory agencies having jurisdiction over the permitting, operation, maintenance and/or reclamation of such a facility.
W. 
Any certificate of use and occupancy for such a facility shall initially be temporarily issued and shall be conditioned upon the applicant's operating in compliance with the foregoing standards. The site shall be inspected by the Township Engineer or another agent of the Township after such time as is set forth in the decision of the Zoning Hearing Board which authorized the special exception to permit the use, or not later than one year after issuance of the temporary use and occupancy permit if no time is so fixed. The purpose of the inspection shall be to ensure compliance with these standards and other applicable standards. If the site is in compliance, a permanent use and occupancy permit shall be issued. If the site is not in compliance, the temporary use and occupancy permit shall be revoked, and all operations shall cease until compliance is attained.
X. 
A traffic impact study is required subject to the requirements of § 110-81.
Y. 
The impact of quarries, natural resource recovery operations and solid waste disposal facilities on road conditions shall be evaluated, and the owner of such facilities shall enter into a contract with the Township, which sets forth the responsibilities of the owner, including road maintenance which is needed as a result of the operation, necessary improvements prior to the conduct of the operation and a commitment to restore or reconstruct the roads to current conditions when the use is discontinued. Such evaluation shall address the following criteria as well as the standards established in the Pennsylvania Code Title 67, Chapter 201, Subchapter G:
(1) 
A pavement analysis, including pavement borings every 1/2 mile along all Township roads which are considered to be within the major routes of travel for vehicles utilizing the facility. This analysis shall also include the recording of existing pavement conditions through the use of a video cassette recorder or similar device to assist in future evaluations of the impact of the facility on Township roads. A copy of the video tape shall be provided to the Township.
(2) 
A geometric review, including vertical and horizontal clearance, vertical and horizontal alignment and roadway widths.
(3) 
The ability of existing roadways to safely accommodate a mixture of automobiles and fully loaded trucks based on traffic speeds, slopes and signage.
Z. 
Stormwater shall be drained in a manner which does not result in chemical residues or other pollutants being discharged from the site in levels which are in excess of the regulations of DER, the Environmental Protection Agency and any other applicable county, state or federal agency.
[1]
Editor's Note: See also Ch. 65, Junk and Junkyards.
A. 
The location of any structure, building or other installation for the purpose of servicing any public utility shall be subject to the following requirements:
(1) 
A plan shall be filed with the Zoning Officer indicating the location of all existing and proposed structures, buildings or other installations.
(2) 
No minimum lot area shall be required; however, no building, structure or other installation shall be nearer than 15 feet to any property line unless the specific nature of a utility warrants its placement elsewhere.
B. 
This chapter shall not apply to any existing or proposed building or extension thereof, used or to be used by a public utility corporation, if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.
[Amended 4-12-2005 by Ord. No. 151; 3-8-2016 by Ord. No. 209-2016]
All uses and structures within the Floodplain District shall comply with the regulations of the Brecknock Township Floodplain Management Ordinance.[1]
[1]
Editor's Note: See Ch. 60, Floodplain Management.
A. 
Background. The Township recognizes the need to establish regulations pertaining to home-based occupations as a result of the increased need for the diversity of income to help offset the rising cost of living. Such regulations must be developed in a manner which protects adjacent uses from adverse effects. Since home-based occupations in sparsely populated areas do not typically represent a significant threat to adjacent property owners, the Township has created regulations for cottage industries.
B. 
Purpose. It is the intent of this section to establish regulations which permit cottage industries in a manner which will not adversely affect the rural atmosphere and to ensure the compatibility of such uses with other uses permitted within the same zoning district. It is also the Township's intent to direct cottage industries to nonresidential zoning districts.
C. 
Conditions. All properties containing a cottage industry shall comply with the following:
(1) 
The person primarily responsible for the cottage industry shall be a full-time resident.
(2) 
No more than two persons not in residence in the dwelling shall be employed in a cottage industry.
(3) 
The cottage industry shall be conducted entirely within the dwelling and/or accessory building on the same lot as the dwelling.
(4) 
The total floor area of the cottage industry shall not exceed 1,000 square feet.
(5) 
A cottage industry shall not be located on a lot which is less than two acres in size.
(6) 
An accessory building utilized for a cottage industry shall comply with all lot coverage and yard requirements contained in the applicable zoning district regulations for single-family detached dwellings.
(7) 
No more than one cottage industry shall be permitted on any lot.
(8) 
No displays or change in the building facade shall indicate from the exterior that the dwelling or accessory building is being utilized for purposes other than a dwelling or accessory building.
(9) 
A cottage industry shall limit any external evidence of an occupation to one nonilluminated sign, subject to Article IX.
(10) 
To prevent on-street parking, the resident responsible for the cottage industry shall provide adequate off-street parking.
(11) 
Storage of materials, finished products or machinery used for the cottage industry shall be wholly enclosed by the dwelling or accessory building, within the maximum floor area previously defined, and shall not be visible from any adjacent lot or street.
(12) 
Deliveries shall not restrict traffic circulation.
(13) 
No traffic shall be generated by the cottage industry in greater volumes than would normally be expected in a rural area.
(14) 
A cottage industry shall not produce noise, obnoxious odors, vibrations, lighting glare, fumes, smoke or electrical interference detectable to normal sensory perception outside the structure.
(15) 
There shall be no illegal discharge of any materials, fluids or gases into the sewage disposal facilities or in any other manner which would be in violation of any applicable government code.
(16) 
Sales of goods on the premises shall be limited to:
(a) 
Goods made on the premises.
(b) 
Goods relating to services performed on the premises.
(c) 
Goods ordered previously by telephone or at a sales meeting, which are not made on the premises and which do not relate to services performed on the premises.
(17) 
Cottage industries utilizing or proposing to utilize explosive or highly flammable materials shall require proof of Fire Department notification and compliance with the Township Building Code[1] prior to using such materials.
[1]
Editor's Note: See Ch. 40, Building Construction, Art. I, Adoption of Standards.
D. 
Application procedure. Cottage industries shall be subject to the following application and approval process:
(1) 
The applicant shall demonstrate compliance with the requirements of this chapter and shall request a special exception from the Zoning Hearing Board.
(2) 
If a special exception is granted, the applicant shall apply for a cottage industry permit from the Zoning Officer.
(3) 
The Zoning Officer shall review the application for compliance with this Zoning Chapter and any conditions imposed upon the granting of the special exception by the Zoning Hearing Board, visit the site if deemed necessary and approve or deny the application for the cottage industry permit.
E. 
Annual survey and inspection of cottage industries. Once each year the Township shall forward a survey to each person who has been granted Zoning Hearing Board approval to operate a cottage industry or who commenced operation of a cottage industry before approval of the Zoning Hearing Board was required. Such survey shall request information to determine continued compliance with the requirements of this section and any conditions imposed upon the granting of the special exception by the Zoning Hearing Board, including but not limited to the number of employees, area devoted to the cottage industry and hours of operation. The Zoning Officer shall, on an annual basis, visit and inspect each property upon which a cottage industry is operated in order to determine the accuracy of statements made on the annual survey. The making of false statements on the annual survey and the failure to cooperate with the annual inspection shall each be a violation of this Zoning Chapter. Failure to return the annual survey shall be considered evidence that the use has been discontinued.
[Amended 5-14-2013 by Ord. No. 192-2013]
F. 
Administrative fee. The Township may from time to time establish by resolution various fees (including annual fees) for the administration of the application, survey, and inspection provisions set forth in this section. All such fees shall be based upon the Township's actual cost of administering this section and shall be set forth on a fee schedule made available to the general public.
[Added 5-14-2013 by Ord. No. 192-2013]
A. 
Purpose. Recognizing the growing need for child day-care facilities, it is the intent of the Township to encourage the establishment of such facilities in a manner which will preserve the character of residential neighborhoods while meeting the operational and physical standards of the Pennsylvania Department of Public Welfare (DPW). Home child-care facilities are not subject to the requirements for home occupations (§ 110-41).
B. 
Application of regulations. The provisions of this section shall apply to child care facilities providing service for part of a twenty-four-hour day for children under 16 years of age by persons giving care (excluding care provided by relatives). Child-care facilities shall include family day-care homes, group day-care homes and day-care centers, all of which are subject to Chapter II, Sections 8A, 8B and 8C of the DPW Social Services Manual Regulations. This section does not apply to baby-sitting (as defined by this chapter) or child day-care service furnished in places of worship during religious services.
C. 
General provisions. The following general provisions apply to all child day-care facilities:
(1) 
All child day-care facilities shall comply with all current DPW regulations, including those standards governing adequate indoor space, accessible outdoor play space and any applicable state or local building and firesafety codes.[1]
[1]
Editor's Note: See Ch. 40, Building Construction, Art. I, Adoption of Standards.
(2) 
The operator of a day-care facility will allow appropriate representatives of the municipality to enter the property to inspect such use for compliance with the requirements of this chapter.
(3) 
No portion of a child day-care facility shall be located within a three-hundred-foot distance from any potentially hazardous land use or activity which could pose a threat to the safety of the children, staff or other occupants of the facility.
(4) 
Hours of outside play shall be limited to the hours of 8:00 a.m. and sunset, as defined by the National Weather Service.
(5) 
An outdoor play area, as required by DPW regulations, shall be provided and shall not be located in the front yard.
(6) 
Child day-care facilities utilizing or proposing to utilize an on-lot sewage disposal system shall obtain a written statement from the Township Sewage Enforcement Officer certifying that the system is properly designed to accommodate the use and that there are no apparent signs of system failure.
(7) 
Adequate off-street parking and dropoff areas shall be provided.
(8) 
Hazardous areas, such as open drainage ditches, wells, holes, arterial or major collector roads, shall be fenced to restrict children from these areas. Natural or physical barriers may be used in place of fencing, so long as such barriers functionally restrict children from these areas.
(9) 
The expansion of a family day-care home to a group day-care home or the expansion of a group day-care home to a day-care center shall require a special exception.
(10) 
When applying for a special exception, the applicant shall submit a plan showing any existing or proposed outdoor play areas, outdoor play equipment, fencing, access drives, adjacent streets, adjacent hazardous land uses, on-site hazardous areas (as previously defined), merchandise delivery areas, on-lot sewage disposal facilities, parking spaces and the child dropoff circulation pattern.
D. 
Family day-care homes. In addition to the provisions of Subsection C, family day-care homes shall comply with the following:
(1) 
The facility must have an approved and currently valid DPW registration certificate. Proof of DPW registration renewal must be supplied to the Township every two years.
(2) 
Any external evidence of such use shall be limited to one nonilluminated sign (subject to § 110-84B).
(3) 
Family day-care homes shall only be permitted in single-family detached dwellings or single-family semidetached dwellings.
E. 
Group day-care homes. In addition to the provisions of Subsection C, group day-care homes shall comply with the following:
(1) 
The facility must have an approved and currently valid DPW license. Proof of DPW annual license renewal must be supplied to the Township every year.
(2) 
Any external evidence of such use shall be limited to one nonilluminated sign (subject to § 110-84B).
(3) 
A fence with a minimum height of four feet shall physically contain the children within the outdoor play area. Natural or physical barriers may be used in place of fencing so long as such barriers functionally contain children.
(4) 
Group day-care homes shall only be permitted in single-family detached dwellings.
F. 
Day-care centers. In addition to the provisions of Subsection C, day-care centers shall comply with the following:
(1) 
The facility must have an approved and currently valid DPW license. Proof of DPW annual license renewal must be supplied to the Township every year.
(2) 
A fence with a minimum height of four feet shall physically contain the children within the outdoor play area. Natural or physical barriers may be used in place of fencing so long as such barriers functionally contain children.
(3) 
If the facility has access to streets of different classifications, access shall be provided using the street of lesser functional classification.
(4) 
Play equipment shall be located at least 10 feet from an abutting property line.
(5) 
All pedestrian pathways shall be adequately lit for safety if utilized during nondaylight hours. Specific areas for lighting are entranceways, pedestrian access to the outdoor play areas, sidewalks, dropoff areas, merchandise delivery areas and all parking lots.
G. 
Application procedure. Child-care facilities shall be subject to the following application and approval process:
(1) 
The applicant shall demonstrate compliance with the requirements of this chapter and shall request a special exception from the Zoning Hearing Board.
(2) 
If a special exception is granted, the applicant shall apply for a child-care facility permit from the Zoning Officer.
(3) 
The Zoning Officer shall review the application for compliance with this Zoning Chapter and any conditions imposed upon the granting of the special exception by the Zoning Hearing Board, visit the facility if deemed necessary and approve or deny the application for the child-care facility permit.
H. 
Annual survey and inspection of child-care facilities. Once each year the Township shall forward a survey to each person who has been granted Zoning Hearing Board approval to operate a child-care facility or who commenced operation of a child-care facility before approval of the Zoning Hearing Board was required. Such survey shall request information to determine continued compliance with the requirements of this section and any conditions imposed upon the granting of the special exception by the Zoning Hearing Board, including but not limited to the number of employees, area devoted to the child-care facility and hours of operation. The making of false statements on the annual survey shall be a violation of this Zoning Chapter. The Zoning Officer shall visit and inspect, on an annual basis, each property upon which a child day-care facility is operated in order to determine the accuracy of statements made on the annual survey. The making of false statements on the annual survey and the failure to cooperate with the annual inspection shall each be a violation of this Zoning Chapter. Failure to return the annual survey shall be considered evidence that the use has been discontinued.
[Amended 5-14-2013 by Ord. No. 192-2013]
I. 
Administrative fee. The Township may from time to time establish by resolution various fees (including annual fees) for the administration of the application, survey, and inspection provisions set forth in this section. All such fees shall be based upon the Township's actual cost of administering this section and shall be set forth on a fee schedule made available to the general public.
[Added 5-14-2013 by Ord. No. 192-2013]
A. 
Conditions. Yard sales shall comply with the following:
(1) 
There shall be no more than four yard sales per property within a period of 12 months.
(2) 
The duration of the sale shall not exceed two days.
(3) 
The person conducting the yard sale shall make certain that the traffic on adjacent streets is not obstructed.
(4) 
Signs advertising the yard sale shall not block the view of oncoming traffic and shall be removed within 24 hours after the sale.
(5) 
Private vehicle sales shall include the sale of any vehicle requiring licensing by the Commonwealth of Pennsylvania. No more than one private vehicle may be displayed at any given time on a residential lot and be offered for sale, and such vehicle offered for sale shall be owned by a resident of the residential lot.
A. 
Conditions. Flea markets shall comply with the following:
(1) 
Such use shall not take place within any enclosed buildings.
(2) 
The duration of flea market sales shall not exceed three days within a seven-day time period.
(3) 
The sale of merchandise shall take place only during daylight hours.
(4) 
There shall be no lighting of the property which produces glare on adjacent properties.
(5) 
There shall be no more than two signs advertising the flea market, which shall not exceed three square feet, shall be located only on the premises and shall not be illuminated.
(6) 
Adequate off-street parking areas shall be provided.
(7) 
The person responsible for the flea market shall ensure proper parking and ingress and egress circulation patterns so as to avoid impeding the flow of traffic on adjacent streets.
(8) 
Adequate sewage disposal facilities shall be provided for all customers and vendors.
(9) 
When applying for a special exception, the applicant shall submit a plan showing compliance with all applicable conditions of this section.
B. 
Application procedure. Flea markets shall be subject to the following application and approval process:
(1) 
The applicant shall demonstrate compliance with the requirements of this chapter and shall request a special exception from the Zoning Hearing Board.
(2) 
If a special exception is granted, the applicant shall apply for a flea market permit from the Zoning Officer.
(3) 
The Zoning Officer shall review the application for compliance with this Zoning Chapter and any conditions imposed by the Zoning Hearing Board, visit the facility if deemed necessary and approve or deny the application for the flea market permit.
C. 
Annual survey of flea markets. Once each year the Township shall forward a survey to each person who has been granted Zoning Hearing Board approval to operate a flea market or who commenced the operation of a flea market before approval of the Zoning Hearing Board was required. Such survey shall request information to determine continued compliance with the requirements of this section and any conditions imposed upon the granting of the special exception by the Zoning Hearing Board, including but not limited to the number of employees, area devoted to the flea market and hours of operation. The Zoning Officer shall visit and inspect, on an annual basis, each property upon which a flea market facility is operated in order to determine the accuracy of statements made on the annual survey. The making of false statements on the annual survey and the failure to cooperate with the annual inspection shall each be a violation of this Zoning Chapter. Failure to return the annual survey shall be considered evidence that the use has been discontinued.
[Amended 5-14-2013 by Ord. No. 192-2013]
D. 
Administrative fee. The Township may from time to time establish by resolution various fees (including annual fees) for the administration of the application, survey, and inspection provisions set forth in this section. All such fees shall be based upon the Township's actual cost of administering this section and shall be set forth on a fee schedule made available to the general public.
[Added 5-14-2013 by Ord. No. 192-2013]
Emergency service facilities shall comply with the following:
A. 
The minimum lot area shall be two acres, except for volunteer ambulance companies that conduct no social functions and/or fundraisers on site, in which case the minimum lot size shall be 1/2 acre.
[Amended 8-13-1996 by Ord. No. 111]
B. 
Required parking shall be as follows:
(1) 
Three off-street parking spaces for every four employees or volunteers on the two major shifts, or four off-street parking spaces for each emergency vehicle where no community room is a part of the building, whichever requires the greater number of parking spaces.
(2) 
Where a community room is provided, two off-street parking spaces for each fire truck, plus one off-street parking space for each 100 square feet of gross floor area.
(3) 
Where a garage area is used as a community room, adequate parking shall be provided to accommodate the maximum capacity of the garage area, in addition to that which is required for each employee, volunteer or emergency vehicle.
Privately owned recreation areas or clubs shall comply with the following:
A. 
Adequate off-street parking shall be provided based on the combination of all elements comprising the facility or club (subject to Article VIII).
B. 
All outdoor recreation areas and facilities shall be set back at least 50 feet from all road rights-of-way, 100 feet from any property zoned RM, RL or NC and 25 feet from all other properties.
C. 
All lighting of outdoor recreation areas and parking areas shall be arranged to prevent glare on adjoining properties.
D. 
Applicants proposing uses which involve outdoor archery or shooting ranges shall provide the Zoning Hearing Board with a detailed plan which adequately addresses methods which will be utilized to minimize the adverse effects of noise perceptible beyond the property and which maximizes the public safety of all nearby residents. Outdoor archery and shooting ranges are permitted only in the FR District.
E. 
Screening shall be provided along that portion of the property which is adjacent to a property zoned RM, RL or NC (subject to § 110-36C).
Riding stables and horse boarding facilities shall comply with the following:
A. 
A minimum lot area of 10 acres is required.
B. 
Any structure used for the boarding of horses shall be set back at least 100 feet from any property line.
C. 
All stables shall be maintained to minimize odors perceptible at the property line.
D. 
All outdoor training, show, riding or boarding areas shall be enclosed by a minimum four-foot-high fence, which is to be located at least 25 feet from all property lines and public roads.
E. 
There shall be no minimum setback for fencing for pasture areas.
F. 
All parking compounds and unimproved overflow parking areas shall be set back at least 10 feet from adjoining lot lines. Unimproved overflow parking areas shall also provide a fence delineating such occasional parking facilities and preventing the parking and/or movement of vehicles across neighboring properties.
G. 
If the proposed use represents an intensive agricultural operation, the criteria established in § 110-38 shall apply.
Golf courses (not including miniature golf courses) and driving ranges and their accessory uses shall comply with the following:
A. 
Minimum lot areas.
(1) 
Golf course: 25 acres.
(2) 
Driving range: 15 acres.
B. 
No building shall be closer than 100 feet to any lot line.
C. 
Adequate off-street parking shall be provided (subject to Article VIII).
D. 
The course shall not be designed to require a golf ball to be driven across any building, road or parking lot.
E. 
All lighting facilities for night play shall be designed and located so as to not produce a glare or direct illumination onto abutting properties.
F. 
There shall be a minimum setback of 100 feet from the field of play to any adjacent residential structure.
G. 
Any points where the golf course crosses a road shall be signed warning motorists and pedestrians.
H. 
No outdoor storage or maintenance equipment or golf carts shall be permitted.
Bed-and-breakfast facilities shall be owner-occupied and comply with the following:
A. 
No modifications to the external appearance of the building (except fire escapes) which would alter its residential character shall be permitted.
B. 
All floors above grade shall have a fire escape which provides a direct means of escape to the ground level.
C. 
One off-street parking space per rental unit shall be provided as required in Article VIII.
D. 
All parking areas shall not be located in the front yard.
E. 
An approved means of sewage disposal and water supply shall be provided. Bed-and-breakfast facilities utilizing or proposing to utilize an on-lot sewage disposal system shall obtain a written statement from the Township Sewage Enforcement Officer certifying that the system is properly designed to accommodate the use and that there are no apparent signs of system failure.
F. 
Meals shall be served only to overnight guests.
[Amended 3-12-2019 by Ord. No. 220-2019]
Veterinary facilities and kennels, including Class I through Class IV dog kennels as defined by Pennsylvania Code, Title 7, Part II, Chapter 21, entitled "General Provisions; Kennels; Licensure; Dog-Caused Damages," as amended, shall comply with the following:
A. 
All kennels and all animal boardinghouses, whether new or existing, shall require a building/zoning permit. The application shall contain a description of the proposed use and occupancy of all buildings, including the maximum number and type of animal to be housed or bred by the kennel. The application shall be accompanied by sketch plans, showing the actual dimensions and shape of the lot, the size and location and dimensions of the proposed use or building, distance from existing lot lines and existing residences on adjacent properties, and street right-of-way lines, parking areas and other pertinent information.
B. 
All kennels and animal boarding buildings that are not fully enclosed in a building and any outdoor animal pens, stalls or runways shall be located within the rear yard.
C. 
All kennels and animal boarding buildings shall be a minimum of 100 feet from all property lines, and 200 feet from all residences other than the residence on the kennel property, and shall be a minimum of 1,000 feet from all residential zoned districts.
D. 
All outdoor pasture/recreation areas shall be enclosed to prevent the escape of the animals; all such enclosures shall be set back a minimum of 100 feet from all property lines, and 200 feet from all residences other than the residence on the kennel property, and shall be a minimum of 1,000 feet from the Residential Low (RL), Residential Medium (RM), and Neighborhood Commercial (NC) zoning districts.
E. 
All portions of kennels and animal boarding buildings within 300 feet of any residence other than the residence on the kennel property, and all outdoor recreation areas, including any outdoor animal pens, stalls or runways, shall be buffered from adjoining properties by a fence and planted screen to reduce noise and decrease visibility.
F. 
Plant materials used in screen planting shall be at least six feet in height when planted, and be of suitable vegetation in order to produce, within three years, a complete year-round visual screen of at least eight feet in height. Fence shall be six feet in height and materials shall be of suitable masonry, wood, or composite materials to block the total view from all on the outside. A screen planting and fence plan shall accompany permit application and shall be approved by the Zoning Officer. Fence shall be installed and plant materials shall be planted prior to issuance of occupancy permit.
G. 
Dogs shall be restricted from using kennel areas not fully enclosed in a building from 8:00 p.m. to 8:00 a.m.
H. 
Adequate off-street parking shall be provided (subject to Article VIII).
I. 
The Pennsylvania Department of Agriculture is responsible for inspecting kennels and licensing of kennels and the health and welfare of the animals.
J. 
Any proposed kennel use which would otherwise be permitted by right in a zoning district, but that is unable to satisfy the conditions set forth herein, shall be deemed a conditional use and shall only be approved following a hearing before the Board of Supervisors, which shall have the right to permit the use or deny the use in accordance with the standards governing conditional use applications. The burden of proof shall be upon the applicant to demonstrate that, despite not meeting the criteria herein, the proposed use would not be detrimental to the public health, safety and welfare of the neighborhood.
When authorized as a special exception use in the zoning district, accessory residential dwelling units shall be permitted subject to the following standards and criteria:
A. 
If the accessory dwelling unit shall be a manufactured home, the minimum lot size shall be two acres.
B. 
If the accessory dwelling unit is an apartment unit within the structure housing the principal dwelling unit on the lot, the accessory dwelling unit may be located in a single-family detached dwelling or a single-family semidetached dwelling. Accessory dwelling units shall not be permitted when an apartment dwelling unit is the principal dwelling unit.
C. 
A residential accessory structure may be converted to an accessory dwelling unit.
D. 
An accessory dwelling unit shall utilize the same sewage disposal and water supply systems as the principal dwelling unit. For on-lot sewage disposal systems, the adequacy of the system shall be approved by the Township Sewage Enforcement Officer prior to occupancy of the accessory dwelling unit. For public sewer connections, the Sewer Authority shall approve the final design prior to occupancy of the accessory dwelling unit.
[Amended 12-16-2013 by Ord. No. 194-2013]
E. 
A minimum of one off-street parking space shall be provided for the accessory dwelling unit in addition to the off-street parking spaces required for the principal dwelling unit.
F. 
An accessory dwelling unit which is a manufactured home shall be installed and located only in the side or rear yards and shall adhere to all side and rear yard setback requirements for principal uses.
G. 
If the accessory dwelling unit is a manufactured home, the manufactured home shall be removed from the property within 12 months after it is no longer occupied by a person who qualifies for its use.
H. 
Upon proper installation of an accessory dwelling unit, the Zoning Officer shall issue a certificate of use and occupancy. Once each year, the Township shall forward a survey to each property owner with an accessory dwelling unit approved by the Zoning Hearing Board or who has commenced the operation of an accessory dwelling unit before approval of the Zoning Hearing Board was required. Such survey shall request information to determine continued compliance with the requirements of this section and any conditions imposed upon the granting of a special exception by the Zoning Hearing Board. The Zoning Officer shall, on an annual basis, visit and inspect each property upon which an accessory dwelling unit is operated in order to determine the accuracy of the statements made on the annual survey. The making of false statements on the annual survey and the failure to cooperate with the annual inspection shall each be a violation of this Zoning Chapter. Failure to return the annual survey shall be considered evidence that the use has been discontinued. The Township may from time to time establish by resolution various fees (including annual fees) for the administration of the application, survey and inspection provisions set forth in this section. All such fees shall be based upon the Township's actual cost of administering this section and shall be set forth on a fee schedule made available to the general public.
[Amended 12-16-2013 by Ord. No. 194-2013]
I. 
The landowner shall present evidence of recording of a document, in a form acceptable to the Township Solicitor, which sets forth that the occupancy of the accessory dwelling unit is limited as set forth in this section.
J. 
Any accessory dwelling unit permitted on a property may be used by and resided in only by the owner of the property or person(s) related to such owner, including only the following: grandfather/grandmother, mother/father, brother/sister, daughter/son, granddaughter/grandson, and/or the spouse of one of the foregoing individuals.
[Added 5-11-2010 by Ord. No. 171; amended 12-16-2013 by Ord. No. 194-2013]
[Amended 5-11-2010 by Ord. No. 171]
Animals and animal shelters are permitted as accessory uses to residential uses in any zoning district. Except as otherwise noted, the following standards shall apply to the keeping of animals on residential properties containing less than 10 acres.
A. 
In all zoning districts, animals which are maintained as accessory to a residential use shall be maintained only on a noncommercial basis.
B. 
Any shelter and/or exercise pen which is constructed for the use of the animals shall be located in the rear yard at least 10 feet from any lot line and at least 30 feet from the nearest dwelling other than the dwelling of the owner of the animal. Any means of confinement of such animal, including but not limited to chains and tethers, shall be so located so that the animal cannot run closer than 10 feet to any property line or closer than 50 feet to the nearest dwelling other than the dwelling of the owner.
C. 
Any shelter and/or exercise pen shall be screened from adjoining properties by the installation of fencing or a landscape screen.
D. 
In any zoning district, except AG, AG-2 or FR, unless regulated by other provisions of this chapter, it is permitted to maintain up to two saddle horses, provided that no building, corral or stable is located less than 50 feet from any lot line or less than 200 feet from the nearest existing dwelling other than the dwelling of the owner. A minimum lot size of one acre if one horse is maintained and two acres if two horses are maintained shall be provided.
E. 
No manure storage facility or area shall be established closer than 100 feet to any property line.
F. 
The owner of any animal shall exercise suitable control over the animal and shall not allow a nuisance condition to be created in terms of excessive noise, dirt or odor.
[Added 5-11-2010 by Ord. No. 171]
In any zoning district, when the primary means of transportation for the occupants of a dwelling is a vehicle drawn by a horse or horses, a structure to house not more than four horses and the buggy, carriage or other vehicle pulled by the horse or horses may be erected in accordance with the following requirements:
A. 
The structure shall not be located within the front yard setback.
B. 
The structure shall have a side yard of not less than 20 feet and a rear yard of not less than 20 feet.
C. 
Adequate provision shall be made for the proper disposal of manure generated on the property.
D. 
If requested by the Township, the applicant shall record a deed restriction indicating that the facility is for use only for horses when such animals are the primary means of transportation for the residents of the dwelling.
Retirement communities shall comply with the following requirements:
A. 
All accessory uses within the retirement community shall be limited to facilities serving employees, residents and guests of residents. Accessory uses may include offices, maintenance facilities, recreational facilities, libraries, chapels, health-care facilities, gift shops, banks, snack bars, village stores, pharmacies, barber/beauty shops and other personal services.
B. 
The density of a retirement community shall not exceed six units per acre. For the purpose of this section, one unit shall be equivalent to:
(1) 
One independent dwelling unit;
(2) 
One apartment housing unit; or
(3) 
Eight personal, skilled or nursing care beds.
C. 
The maximum lot coverage shall be 50%.
D. 
Retirement communities shall comply with the following dimensional requirements:
(1) 
Minimum lot area: 20 acres.
(2) 
Minimum front yard: 100 feet.
(3) 
Minimum side yard: 50 feet.
(4) 
Minimum rear yard: 50 feet.
(5) 
Minimum lot width: 250 feet.
(6) 
Separation of buildings.
(a) 
Side to side: 20 feet.
(b) 
Side to rear: 30 feet.
(c) 
Side to front: 50 feet.
(d) 
Front to front: 50 feet.
(e) 
Front to rear: 50 feet.
(f) 
Rear to rear: 50 feet.
(g) 
Corner to corner: 20 feet.
(7) 
Building setback from parking and streets: 20 feet from a parking area with more than four spaces, alleys or streets.
E. 
An evergreen screening, with trees having a minimum size of six feet in height at the time of planting, shall be provided along all adjacent property lines (excluding property lines along public roads). In addition, storage areas for trash and recyclable materials shall be screened from view of adjacent properties.
F. 
The maximum height of buildings shall be 35 feet.
G. 
Lighting facilities shall not produce direct glare on adjacent properties.
H. 
Identification signs, not to exceed 25 square feet, shall be permitted, provided that no more than one such sign is located at each public street access to the retirement community. Such signs shall be located a minimum of 10 feet from the cartway or outside the right-of-way and 50 feet from all side yard property lines. Signs may be illuminated with indirect focused lighting only.
I. 
The following minimum parking standards shall apply to retirement communities:
(1) 
Independent dwelling unit or apartment housing unit: one space for each unit plus one visitor space for every five units.
(2) 
Intermediate-, skilled- and personal-care facilities: one space for every four beds.
(3) 
Staff parking: one space per staff member working the largest shift.
J. 
The applicant proposing a retirement community shall obtain documentation from appropriate providers of ambulance and fire services indicating the ability to provide service to the site.
K. 
Interior drives, alleys or streets shall be designed to prevent the blockage of vehicles entering or leaving the site. The minimum cartway width shall be 12 feet for one-way streets and 20 feet for two-way streets. In addition, all retirement communities shall have two means of access for emergency vehicles.
L. 
Pedestrian walkways shall be accessible from the entrance of each residential structure.
M. 
The applicant shall demonstrate that the proposed use will be provided with a public water supply and means of sewage disposal.
N. 
A traffic impact study, subject to the requirements of § 110-81, is required for all retirement communities which exceed 50 units as defined in Subsection B.
When a use which was established prior to the enactment of this chapter or any amendment thereto is located in a zoning district where such use is permitted by special exception, such preexisting use shall be permitted to continue as of right. Any expansion or alteration of such preexisting use shall require the granting of a special exception by the Zoning Hearing Board, and the applicant for such special exception shall demonstrate compliance with all of the standards set forth in this chapter for the granting of a special exception for such uses, if any, and with all of the general standards set forth in this chapter for all special exceptions.
[Amended 11-11-2000 by Ord. No. 129]
A. 
The regulations contained in this section apply to the following communication towers and antennas:
(1) 
Communications towers and antennas which are greater than 45 feet in height (measured from the ground level to the top of the antenna).
B. 
Within the Agricultural District (AG), Agricultural-2 (AG-2), Forest Recreation (FR), Highway Commercial (HC) and the Light Industrial (LI) Zoning Districts, communication towers and antennas greater than 45 feet in height and equipment relating thereto are permitted by special exception. An application for such special exception shall demonstrate compliance with all of the following standards and criteria:
[Amended 12-16-2013 by Ord. No. 194-2013]
(1) 
The applicant shall demonstrate through technological evidence and data that the proposed location is necessary for the efficient operation of the system.
(2) 
Any structure shall be set back from each property line a distance equal to its height, but in no circumstances less than 50 feet from any property line. This setback shall also be applicable to guide wire anchors for the structure. Any structures shall be provided with warning signage for potential radiation danger, if any. Shielding shall be installed if there is any potential radiation.
(3) 
All communication towers and antennas shall be completely enclosed by an eight-foot high, nonclimbable fence and self-locking gate. No signs or advertising of any kind may be placed on the fencing or the tower, antenna or cell site structure.
(4) 
There shall be no electrical, electromagnetic or microwave or other interference or pollution off-site.
(5) 
The applicant shall demonstrate that surrounding areas will not be affected by support structure failure, falling ice or other debris. All support structures shall be fitted with anticlimbing devices as approved by the manufacturer. The applicant shall furnish expert testimony regarding the construction methods or other measures used to prevent the toppling of any communications tower onto adjoining properties and/or roads, and the wind-borne scattering of ice onto adjoining properties and/or roads. The applicant shall provide expert testimony from a registered professional engineer which addresses the structural integrity of the communication tower or antenna. This statement shall indicate that acceptable structural engineering principles have been applied to the proposed construction of the tower or antenna which will result in a satisfactory level of safety. Such statement shall address the forces on the foundation (including live and dead loads), allowable and actual forces on cables, rods and braces, soil bearing pressures, wind loading forces and the safety factor against overturning.
(6) 
The applicant shall demonstrate that the communication tower or antenna is the minimum height required to function satisfactorily. No communication tower or antenna that is taller than this minimum height shall be approved.
(7) 
If the applicant proposes to erect a new communication tower, the applicant shall demonstrate that it has contacted the owners of other tall structures within a 1/2 mile radius of the proposed site and has requested permission to install the antenna on those structures. The applicant shall demonstrate that it is not feasible to erect the antenna on these existing structures. The applicant shall make a good faith effort to install the antenna on an existing structure, including but not limited to, smokestacks, water towers, tall buildings, antenna support structures of other communications companies and similar structures.
(8) 
In order to reduce the number of antenna support structures needed in the Township in the future, any proposed support structure shall be designed to accommodate other users, including, but not limited to, police, fire and emergency services.
(9) 
The applicant shall obtain a building permit in accordance with the Building Code prior to commencement of construction of any communications tower or antenna. The applicant shall pay such fee as shall be prescribed by the Board of Supervisors for such permit.
(10) 
If the use of the communications tower or antenna requires licensing by any state or federal agency, including but not limited to, the Federal Communications Commission, the applicant shall present evidence that it has obtained such license.
(11) 
If the communications tower or antenna operation is fully automated, the applicant shall provide off-street parking required for maintenance workers. If the operation is not fully automated, the applicant shall provide off-street parking spaces equal to the largest number of persons on the largest shift working on the property.
(12) 
The applicant shall not be permitted to maintain any use on the property other than the communication tower or antenna.
(13) 
The applicant shall install landscaping to screen the fence, tower or antenna and any ground level features, including, but not limited to, buildings, which may be installed. Landscaping shall consist of evergreen trees to be planted on 10 feet center maximum, which shall have a minimum height of six feet at the time of planting. The trees shall be of a species which shall grow to a minimum height of 20 feet at maturity. The Zoning Hearing Board may require further deciduous plantings to mitigate the impact of the development on the surrounding neighborhood. All landscaping shall be installed prior to issuance of a certificate of use and occupancy by the Zoning Officer. Existing vegetation on and around the site shall be preserved unless absolutely necessary to be removed for functioning of the equipment. This requirement shall not be applicable to antennas located upon an existing structure where the total height of the structure and antenna does not exceed 150 feet.
(14) 
Antenna support structures under 200 feet in height shall be painted with silver or have a galvanized finish retained in order to reduce visual impact; provided, however, that this requirement shall not apply to an antenna which is installed upon an existing structure, such as a silo or water tower. Support structures may be painted green up to the height of nearby trees to lessen visual impact. Support structures 200 feet in height or taller shall meet all Federal Aviation Administration regulations. No antenna support structure may be artificially lighted except when required by the Federal Aviation Administration or by state regulations.
(15) 
The applicant shall be responsible for the removal of the facility when the owner/operator ceases use of the facility or the facility becomes obsolete. If a communications tower or antenna remains unused for 12 months, the owner/operator shall dismantle and remove the communications tower within six months of notice to do so by the Township. In such case, the applicant shall submit a plan for the removal of the facility when it becomes functionally obsolete or is no longer in use. Further, the owner or operator of the facility shall post security in a form acceptable to the Township in a sufficient amount to cover the facility removal and site cleanup prior to the issuance of any permits to construct or use said facility. The security shall be utilized by the Township in the event that the owner or operator of the facility fails to remove the facility within six months of the aforesaid notice by the Township to remove the facility. The estimated cost of removal shall be provided to the Township by the owner/operator's professional engineer based on an actual cost estimate from a tower removal contractor and shall be subject to review and reasonable approval by the Township Engineer. The estimated cost of removal and the amount of the security, shall be reconsidered and adjusted to a revised estimated removal cost in the same manner upon the request of the Township, but in no event sooner than five years from the initial issuance of the security and no more often than once in any five-year period thereafter. In the event of violation of the removal requirement in this section, the Township may, but shall not be obligated to, enter upon the property on which the communications tower or antenna is located and remove such equipment. The cost of removal by the Township shall be reimbursed by the owner upon demand, if not satisfied by the security. The proceeds of the security may be used by the Township for reimbursement of the cost of removal of the communications tower or antenna and for any related costs and expenses incurred by the Township pursuant to the authority of the Township under this Zoning chapter or any other ordinance of the Township.
(16) 
Communications towers shall be sited so as to separate them from adjacent farming and residential structures.
(17) 
Attachments to existing structures shall be designed by a certified engineer and must meet the approval of the Township.
(18) 
Access shall be provided to the communications tower, antenna and communication equipment by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet, with a dust-free, all-weather surface for its entire length.
(19) 
The owner of the communications tower or antenna shall have the tower or antenna inspected every year after the date of completion of construction. The inspection shall be performed by a professional engineer licensed by the Commonwealth of Pennsylvania and who is competent to inspect and give an opinion on the condition of the facility. The engineer shall certify in a written report, based upon such inspection and upon reasonable assumptions and conditions as are customary in the industry, whether the facility appears to have been properly maintained and to be structurally sound. Such inspection shall be performed, and such report based upon the inspection shall be delivered to the Township, within the period of 90 days after each year's anniversary of the date of completion of construction of the facility.
C. 
Within the Agricultural District (AG), Agricultural-2 (AG-2), Forest Recreation (FR), Highway Commercial (HC) and Light Industrial (LI) Zoning Districts, communication antennas mounted on existing structures are permitted by special exception, subject to the following criteria:
[Added 12-16-2013 by Ord. No. 194-2013]
(1) 
Building-mounted communication antennas shall not be located on any building used for residential purposes.
(2) 
Building-mounted communication antennas shall be permitted to exceed the height of the existing structure by no more than 20 feet, unless the antennas are concealed from view.
(3) 
Any applicant proposing communication antennas to be mounted on a building or other structure shall submit evidence from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure considering wind and other loads associated with the antenna location.
(4) 
Any applicant proposing communication antennas to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the structure for review in accordance with all applicable building codes and laws.
(5) 
Any applicant proposing communication antennas to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted, so that installation and maintenance of the antennas and communication equipment building can be accomplished.
(6) 
Communication antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(7) 
Communication antennas shall comply with all applicable radio frequency regulations established by the Federal Communications Commission.
(8) 
A communication equipment building shall be subject to the height and setback requirements of the required district for an accessory structure.
(9) 
The owner or operator of communication antennas shall be licensed by the Federal Communications Commission to operate such antennas.
(10) 
The applicant shall submit testimony on how this facility will be disguised so that it blends in with the surrounding area.
(11) 
The communications equipment building and antenna shall be an accessory use on the property on which it is erected.
D. 
Where a communications tower is in existence or a structure has been approved for the location of communications antenna, co-location, modification, and replacement of wireless telecommunication facilities or wireless support structures, as such terms are defined in the Wireless Broadband Co-Location Act, Act 191 of 2013, shall be regulated in accordance with such statute. It is the intention of the Township that this chapter be interpreted in a manner to comply with such statute while requiring an applicant to obtain special exception approval for the initial construction of communications towers and the initial designation of an existing structure as a wireless support structure upon which wireless communications facilities may be installed.
[Added 12-16-2013 by Ord. No. 194-2013]
A. 
One dwelling is permitted to be located on each farm as living quarters for farm workers and their families. The farm worker must be employed full time by the owner of the farm, and the worker may occupy the dwelling for as long as he is employed by the owner of the farm.
B. 
All dwellings shall be set back a distance that is at least equal to the front yard setback of the existing farm dwelling and be no further than 300 feet from said dwelling, provided that the dwelling is no closer than 100 feet to adjoining property lines.
C. 
The applicant shall provide evidence that the proposed method of sewage disposal and water supply complies with Department of Environmental Resources requirements.
D. 
Two off-street parking spaces shall be required for the proposed dwelling unit.
E. 
If the proposed dwelling is a manufactured home, it shall be placed on the lot in accordance with the foundation and anchoring requirements of § 110-42 of this Zoning Chapter.
F. 
The proposed dwelling unit shall be provided with properly designed utility connections.
G. 
The applicant shall furnish proof of the recording of either a land development plan or an agreement with the Lancaster County Planning Commission for the proposed dwelling unit as long as the Brecknock Township Subdivision and Land Development Ordinance is in effect in the Township.
[Amended 4-9-2013 by Ord. No. 190-2013]
H. 
The dwelling shall be occupied at least 30 days a year by at least one person who is employed on the farm where the dwelling is located. If this condition is not satisfied, then the manufactured home shall be removed within 90 days.
I. 
Upon the proper installation of the dwelling, the Zoning Officer shall issue a zoning and use permit. This permit shall be reviewed during the month of January of each year until such time that the dwelling is to be removed. A fee, in an amount established by the Board of Supervisors,[1] shall be paid by the landowner each renewal of the temporary zoning and use permit.
[1]
Editor's Note: Current fees are on file and available for public inspection in the office of the Township Manager.
In all zoning districts, municipal uses shall be exempt from lot area, width and depth regulations. Municipal uses shall not be required to comply with regulations concerning yard areas, setback or lot coverage.
A. 
Parking shall be provided in accordance with § 110-80 of this chapter.
B. 
All off-street parking lots shall be set back at least 25 feet from adjoining properties and shall be screened from adjoining properties in residential use.
C. 
All buildings shall be set back at least 50 feet from all rights-of-way and at least 100 feet from adjoining properties.
D. 
If education is offered below the college level, an outdoor play area shall be provided at a rate of 100 square feet per individual enrolled. Enrollment shall be defined as the largest number of students on the site at any one time during the school year. Off-street parking lots shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and must be set back a minimum of 25 feet from adjacent properties. Vegetative materials located in the play areas shall not be of a harmful type. All outdoor play areas must provide a means of shade such as shade trees or pavilions.
E. 
The Zoning Hearing Board may require the fencing of outdoor play areas based on site conditions.
F. 
Passenger dropoff and pickup areas shall be provided and arranged so that students do not have to cross traffic lanes on or adjacent to the site.
Where permitted by special exception, the retail sale of plant, nursery and/or garden equipment shall comply with the following requirements:
A. 
The sale of nonplant items, excluding peat moss and mulch, shall be incidental to the business. The display area for such items shall not exceed 15% of the total gross display and sales area on the subject property or 1,500 square feet, whichever is greater.
[Amended 4-12-2016 by Ord. No. 212-2016]
B. 
The display and sale of motorized nursery, garden or lawn equipment shall not be permitted. The repair of such equipment is prohibited unless such equipment is owned by the property owner.
C. 
All outdoor display areas shall be set back a minimum of 25 feet from adjacent properties and road rights-of-way.
D. 
Parking areas shall be set back a minimum of 25 feet from property lines and road rights-of-way, and screening shall be provided between any adjoining property in residential use.
E. 
All buildings/structures shall have a side yard width of not less than 25 feet.
[Added 4-12-2005 by Ord. No. 150]
[Added 5-14-2013 by Ord. No. 191-2013]
A. 
Conditions. All properties containing an agricultural support retail business shall comply with the following requirements:
(1) 
The person primarily responsible for the agricultural support retail business shall be a resident of the subject property, and it shall be located on a lot of at least two acres.
(2) 
No more than two employees (not including the aforementioned resident primarily responsible for the business) shall be employed by the agricultural support retail business.
(3) 
The agricultural support retail business shall be conducted entirely within an accessory building on the property.
(4) 
The total cumulative storage and retail floor area of the accessory building shall be no more than 1,500 square feet.
(5) 
The accessory building utilized for the agricultural support retail business shall comply with all lot coverage and yard requirements for the applicable zoning district.
(6) 
Only one agricultural support retail business shall be permitted on any lot.
(7) 
No display or storage of materials, products or machinery used for the agricultural support retail business shall be located outside of the accessory building.
(8) 
Only one nonilluminated sign, subject to Article IX, is permitted for the agricultural support retail business. The maximum size of the sign shall be eight square feet.
(9) 
The agricultural support retail business shall provide adequate off-street parking and loading in accordance with Article VIII.
B. 
Application procedure. Agricultural support retail businesses shall be subject to the following application and approval process:
(1) 
The applicant shall demonstrate compliance with the requirements of this chapter and shall request a conditional use from the Board of Supervisors.
(2) 
If the conditional use is granted, the applicant shall apply for an agricultural support retail business permit from the Zoning Officer.
(3) 
The Zoning Officer shall review the application for compliance with any conditions imposed upon the granting of the conditional use by the Board of Supervisors prior to issuance of a permit for the use.
C. 
Annual survey and inspection of agricultural support retail businesses. Once each year the Township shall forward a survey form to each individual who has been granted a conditional use approval by the Board of Supervisors to operate an agricultural support retail business or who commenced operation of an agricultural support retail business before approval by the Board of Supervisors was required. Such survey shall request information to determine continued compliance with the requirements of this section and any conditions imposed upon the granting of the conditional use by the Board of Supervisors, including but not limited to the number of employees, area of the building used for the agricultural support retail business, and hours of operation. The Zoning Officer shall, on an annual basis, visit and inspect each property upon which an agricultural support retail business is operated in order to determine the accuracy of the statements made on the annual survey. The making of false statements on the annual survey and the failure to cooperate with the annual inspection shall each be a violation of this Zoning Chapter. The owner is responsible for notifying the Township in writing if the agricultural support retail business has been discontinued.
D. 
Administrative fee. The Township may from time to time establish by resolution various fees (including annual fees) for the administration of the application, survey and inspection provisions set forth in this section. All such fees shall be based upon the Township's actual cost of administering this section and shall be set forth on a fee schedule made available to the general public.
[1]
Editor's Note: Former § 110-69, Street trees, was repealed 4-9-2013 by Ord. No. 190-2013.
A. 
All service and/or repair activities shall be conducted within a single, wholly enclosed building.
B. 
All petroleum-dispensing equipment shall be located outside all buildings, on private property and not less than 20 feet from all property lines.
C. 
No outdoor storage of equipment, lubricants, fuel or other materials used for repair shall be permitted.
D. 
All materials discarded as part of the service operation shall be contained within wholly enclosed dumpster equipment or within a solid fenced enclosure.
E. 
All exterior vehicle storage areas shall be screened from adjoining residentially used and residentially zoned property.
F. 
All petroleum storage facilities must comply with all state and federal regulations.
G. 
All ventilation equipment associated with fuel storage tanks shall be at least 100 feet and oriented away from any adjoining residential property or residentially zoned property.
H. 
All vehicles shall be repaired and removed from the premises as promptly as possible, but in no case shall a vehicle stay longer than six months.
I. 
The demolition or storage of junked vehicles is prohibited.
J. 
All washing facilities shall conform to DER wastewater requirements.
Recycling collection centers are permitted by special exception in the Highway Commercial District subject to the following criteria:
A. 
Litter control shall be exercised to prevent the scattering of wind-borne debris.
B. 
All recycling collection operations shall be contained entirely within a wholly enclosed building; however, the collection of paper, plastics, glass and metal products may be conducted in outdoor containers, provided that the following requirements are satisfied:
(1) 
Fencing and gates shall be erected around all such facilities in a manner which prevents the scattering of litter off site. Such fencing and gates have a minimum height of six feet.
(2) 
All facilities shall be screened from view of all adjacent properties from ground level to a minimum height of six feet. Such screening may consist of an earthen berm and/or evergreen plantings with trees having a minimum size of six feet in height at the time of planting.
(3) 
Materials shall be stored in enclosed containers and shall not be stored outdoors for a period in excess of 48 hours.
C. 
The operator of the facility shall limit access to the site to those posted times when an attendant is on duty.
D. 
Materials used or generated by the operation shall be stored in a leak- and vectorproof manner.
E. 
Sufficient stacking lanes into the facility shall be provided to avoid the obstruction of vehicles on public roads.
F. 
No use shall emit fumes or gases that constitute a health hazard as defined by the United States Environmental Protection Agency or other appropriate regulatory agency.
G. 
The applicant shall explain the scope of the operation and any measures used to mitigate problems associated with noise, fumes, dust and litter.
H. 
No use shall utilize lighting in any manner which produces glare onto public streets or other tracts of land.
[Amended 1-12-2010 by Ord. No. 169]
Single-family semidetached dwellings, townhouses, and apartments without public water are permitted in the RM – Residential Medium Zoning District by conditional use subject to the requirements of this section. An applicant proposing these types of development shall prepare a study, which shall be submitted to the Township Engineer or other appointed Township professional consultant, for their review and comment. The study shall be prepared by a registered professional geologist with documented experience in hydrogeology. The study shall be found acceptable to the Township and their consultants with a letter issued to the Board of Supervisors attesting to this fact prior to the approval of the conditional use. The cost of the study and any review fees shall be borne by the applicant. The submitted study shall demonstrate compliance with the following requirements:
A. 
Water supply needs references.
(1) 
Projected water supply needs of the project shall be estimated in accordance with one or more of the following documents, depending on the location of the project. The references to be utilized shall be discussed and agreeable to the Township's consultants prior to submission of the study:
(a) 
Pennsylvania Department of Environmental Protection (PADEP) Public Water Supply Manual 383-21256-108, May 6, 2006 (or most recent version available).
(b) 
American Water Works Association (AWWA) Book 20410, "Forecasting Urban Water Demand" by R. Bruce Billings and C. Vaughn Jones (1996).
(c) 
Water use data provided by the Township for similar water supply systems.
(d) 
Water use data obtained from the Susquehanna River Basin Commission (SRBC).
(e) 
Water use data obtained from the PADEP database for similar supply systems (reference to specific projects(s) required).
(f) 
American Water Works Association (AWWA) Research Foundation, "Residential End Uses of Water" (1999).
(2) 
In the absence of specific water use data, the water supply needs of a single-family dwelling unit are assumed to be 262.5 gallons per day normal usage and 400 gallons per day peak usage. Other appropriate published and more current references may be utilized by the applicant if acceptable to the Township and its appointed consultants.
B. 
Hydrogeologic report requirements.
(1) 
General and technical requirements. The following minimum considerations shall be included in the report and submitted to the Township for review and comment:
(a) 
A topographical map showing all existing and proposed physical and natural features within the subject tract and within 1/2 mile of the tract boundary, including specifically existing or proposed on-lot or community sewage disposal systems, water supplies and watercourses (perennial or intermittent). Any available water quality information for area groundwater based upon documented well-testing data shall be provided. Narrative descriptions of these specific features shall also be furnished.
(b) 
A geologic map of the area within a one-mile radius of the tract boundary. The locations of all faults, lineaments, and fracture traces within 1/2 mile of the tract boundary shall also be shown.
(c) 
A description of the geologic conditions within the tract and within 1/2 mile of the tract boundary that would affect the groundwater recharge rate and the degree of ground water renovation. Such conditions can include, but need not be limited to, closed depressions, sinkholes, high water table conditions, springs, lineaments, faults, outcrops of bedrock, soil mottling, surface drainage into the ground, ghost lakes, etc.
(d) 
A map and narrative description of the area that will be impacted from the proposed use of on-lot sewage disposal systems. Such analysis will consider and identify the systems and their dispersion plumes and mixing zones to be calculated from the surface topography and known geologic conditions. The analysis will then describe anticipated water quality/quantity impacts to areas located downgradient and/or along with geologic strike or fault. These anticipated impacts should also consider existing and potential land uses located within the affected area.
(e) 
A discussion of the aquifers underlying the site and their long term drought recharge capability based on accepted published data or detailed site-specific investigations. The term "drought recharge capability" is the average amount of water that can be withdrawn from an aquifer during extended periods of low rainfall.
(f) 
Based on the drought recharge capability of the underlying aquifer and the calculated daily groundwater withdrawals of the project, a hydrologic budget shall be calculated for the subject tract itself, and for the area within 1/2 mile of the tract boundary.
(g) 
Should it be determined that the proposed use(s) would result in a degradation of groundwater quality, or a significant negative impact on the potential groundwater uses at nearby properties, the study should present measures that can be employed to mitigate these adverse impacts. The Township's appointed consultant and/or Township Engineer shall review these mitigation measures and provide recommendations to the Board of Supervisors. The Board may require, as a condition of the approval, the implementation of any such suggested measures or recommendations made by their professional consultants in an effort to mitigate the adverse impacts identified by the applicant or Township.
(2) 
Aquifer study requirements.
(a) 
The submitted report shall include the results of the aquifer study conducted in accordance with Subsection C of this section.
(b) 
A minimum of one pumping test as noted in Subsection C shall be required for each tract proposed for development. Additional pumping tests may be required based upon the review of the Township consultants. The location(s) shall be discussed and approved by the Township consultant prior to conducting the test(s).
C. 
Aquifer study standards and procedures.
(1) 
Water quantity report.
(a) 
Water quantity test standard. The well yield and the test well(s) must prove that an adequate water supply, as deemed acceptable to the Township and its consultants, is available on the site for the specific intensity of the use proposed. In addition, the following minimum standards shall apply:
[1] 
The proposed test well shall produce not less than 400 gallons of water in a two-hour period, at least once each day. If the sustained yield of the individual well or individual well system is not capable of meeting the standard, sufficient storage shall be required through borehole capacity and/or a storage tank. Borehole storage shall be measured from the pump level to the top of the static water column.
[2] 
The individual well shall yield a minimum of five gallons per minute.
[a] 
For wells with yields of five gallons per minute or less, a minimum of 400 gallons of storage capacity shall be provided. Borehole storage shall be measured from the pump level to the top of the static water column.
[b] 
Multiple wells may be drilled on the lot, and the combined yield of the well system shall meet the minimum of five gallons per minute.
[3] 
Test supervision and evaluation. The test shall be conducted under the supervision of a qualified geologist licensed by the Commonwealth of Pennsylvania or professional engineer, using testing procedures hereinafter set forth. The geologist or engineer shall be responsible for notifying the Township a minimum of five working days prior to the start of the test. He or she will also summarize the test and its significance and make recommendations as to the suitability of the well or wells for the intended uses. The final report shall include an opinion as to whether the proposed use of the well will have an impact upon other existing wells within 1/2 mile of the tract boundary. The supervising person shall provide the Township with a copy of all field notes and test results.
[4] 
Test method. The pumping test shall be conducted for a minimum of 12 hours at a constant rate of pumping. The test well shall be the one proposed for the specific development for which the test is conducted. Two observation wells that have hydraulic continuity with the pumped well are required. The preferred method of analysis of the aquifer test data is the nonequilibrium formula, although other methods are available and may be used. These include various methods of analysis of the drawdown and recovery data. These methods shall be discussed with and acceptable to the Township and its appointed consultants.
[5] 
Collection of data.
[a] 
Prior to the test:
[i] 
Collection of geologic data of the area to be tested, including well logs, if available.
[ii] 
History of water level fluctuations in the area when available. A static condition measurement shall be performed in the test well(s) prior to performing the test.
[iii] 
The location, relative elevations and static water levels in the pumped well and the observation well or wells.
[iv] 
The expected discharge of the pumped well.
[b] 
During the test: A standard aquifer test field data sheet will be required for the test well and each observation well. The use of an electronic data logger shall be required for the test. The data sheet shall include columns for listing:
[i] 
Date.
[ii] 
Clock time.
[iii] 
Elapsed time since pumping started/stopped (in minutes and seconds).
[iv] 
Depth to water below land surface.
[v] 
Drawdown or recovery (in feet and 10ths).
[vi] 
Observed discharge at specified intervals.
[c] 
Following the test: In accordance with recognized principles of well hydraulics, graphs shall be prepared to show time drawdown and time recovery for the pumped well and the observation wells. A distance drawdown graph will be required for anticipated rates of pumping. Computation of the coefficients of transmissibility and storage as well as the rate of pumping, time and drawdown are required as well as other data that may be considered necessary to satisfy the test objectives.
(2) 
Water quality report.
(a) 
The water quality test shall be conducted concurrently with any water quantity test. Such tests shall be conducted by a Pennsylvania Accredited Environmental Laboratory.
(b) 
Test standard.
[1] 
All water samples to be tested must be drawn by a trained individual with experience in the field and observed by the Township Engineer or other appointed consultants.
[2] 
For single-use on-lot wells, the quality of the water tested shall meet the local and/or state regulations as it presently exists or may hereafter be amended, or be capable of treatment to attain said standard of quality for the following potential contaminants: total coliform, fecal coliform, E.coli, nitrate-nitrogen, total nitrogen, arsenic, lead, mercury, volatile organic compounds (VOCs including MTBE) and chlorine.
[3] 
For community on-lot wells, which are regulated by the PADEP per Pennsylvania Code, the quality of the water tested shall meet the National Primary Drinking Water Regulations as set forth in the National Safe Drinking Water Regulations (NSDW) of the Environmental Protection Agency (EPA) as it presently exists or may hereafter be amended, or be capable of treatment to attain said standard of quality.
D. 
If a common water supply is proposed, the developer shall ensure adequate long-term operation, maintenance and ownership of the common water supply through the establishment of a homeowners' association or other legal agreement. Such organizations and legal agreements shall be acceptable to the Township Solicitor.
A. 
The lot or property line of such business shall not be located within 200 feet of any residence, residential use or residential zoning district.
B. 
The lot or property line of such business shall not be located within 500 feet of the lot or property line of any religious structure, school day-care facility or public library.
C. 
The lot or property line of such business shall not be located within 500 feet of the lot or property line of another adult-oriented business.
D. 
There shall be no display of adult-oriented materials that can be seen from the exterior of the building.
E. 
No building, premises, structure or other facility that contains any adult-oriented business or activity shall contain any other kind of adult-oriented business or activity.
F. 
No unlawful sexual activity or conduct shall be performed or permitted.
A. 
Clear-cutting of all vegetation shall not exceed areas of more than five acres or more than 20% of the forest, whichever is less, except where pursuant to a state forestry cutting program or where Class I, II, III or IV agricultural soils are to be converted to agricultural uses.
B. 
A reforestation program shall be submitted, which shall show a program for the reestablishment of the forest on a sustained-yield basis, except where clearing is for agricultural use as in Subsection A above.
C. 
For commercial uses, a long-range cutting program shall ensure that the forest is retained as an entity during the entire program. Such a program shall indicate the condition of the forest on a map showing:
(1) 
Adjoining lands and neighbors;
(2) 
The year of each cutting and reforestation; and
(3) 
Species of trees in reforestation.
D. 
For clearing purposes, the proposed future use must be stated if any is identified.
E. 
All plans shall show how the general habitat and visual block of the forest is to be maintained so that the forest retains its visual and habitat qualities at all stages of the long-range cutting plan.
[Added 8-14-2007 by Ord. No. 163]
The following standards shall be addressed by the applicant and applied by the Board of Supervisors in evaluating an application for conditional use, where such conditional use is authorized in one or more of the base zoning districts of this chapter:
A. 
All uses regulated by the terms of this section shall also be in compliance with any applicable standards in:
(1) 
Article VI, Supplementary District Regulations.
(2) 
Article VII, Performance Regulations, including but not limited to screening and lighting.
(3) 
Article VIII, Parking and Loading Requirements, including but not limited to a traffic impact study.
(4) 
Article IX, Signs.
B. 
Churches and related uses.
(1) 
In any zoning district in which a church is permitted, the minimum lot width shall be 200 feet.
(2) 
All activities of the church shall be limited to an area of 20 acres or less.
(3) 
Side yard and rear yard setbacks of not less than 50 feet shall be provided from the lot lines to all buildings, structures, and off-street parking and loading areas.
(4) 
Screening shall be provided of any parking facility.
(5) 
A maximum of 60% of the lot area may be covered by impervious surface.
(6) 
One church-related residence, as a use accessory to the church, may be located on the same parcel as the church.
(7) 
The applicant shall provide a traffic impact study for the proposed use. The traffic impact study shall be prepared in accordance with the requirements of this chapter.
C. 
Cemetery.
(1) 
In any zoning district in which a cemetery is permitted, the following standards shall apply:
(a) 
No burial ground or plot or any structure related to the cemetery operation shall be located within:
[1] 
One hundred feet of any property line or street right-of-way line;
[2] 
Two hundred feet of any dwelling or existing well; or
[3] 
Twenty-five feet of the cart-way of any private vehicular accessway within the tract or any parking area.
(b) 
No burial ground, plot, or structure shall be located within a one-hundred-year floodplain or any riparian corridor area.
(c) 
The maximum height of cemetery structures shall be:
[1] 
Six feet for a grave stone, monument, or statue marking an individual burial site.
[2] 
Fifteen feet for a mausoleum or columbarium.
[3] 
Twenty feet for any other structure.
(d) 
The placement of burial vaults shall comply with the following standards:
[1] 
Multiple burial vaults may be placed in a single plot (i.e., one above the other).
[2] 
No vault shall be located less than three feet beneath the ground surface, except where completely enclosed within at mausoleum.
[3] 
No vault shall be located where, at its greatest depth below the ground surface, it may intrude upon the seasonal high-water table.
[4] 
All burial vaults shall be placed such that the minimum horizontal separation between vaults is no less than two feet to provide for percolation of stormwater. This provision shall not apply to vaults completely enclosed within a mausoleum.
(e) 
Natural buffer areas shall be retained to the greatest degree feasible to mitigate impacts to the natural landscape and provide for groundwater recharge.
(2) 
As it deems necessary, the Board of Supervisors may require additional information and/or safeguards to protect the public.
[Added 11-11-2008 by Ord. No. 168]
A. 
Flag lot standards.
(1) 
Within the AG, RL and FR Zoning Districts, flag lots are allowed for residential use only. Flag lots are prohibited in all other zoning districts.
(2) 
A flag lot may be allowed if:
(a) 
It is established to preserve on-site resource amenities such as agricultural land, woodland, steep slopes, scenic views, historic sites, or other environmental amenities; and
(b) 
The owner establishes that it would allow for the reasonable subdivision of land which is physically constrained by its irregular shape or limited road frontage by locating the buildable area of the lot away from the resource amenities.
(3) 
No more than a total of two flag lots may be created from any parcel or lot in existence at the date of adoption of this section.
B. 
Requirements for the flag portion of the lot.
(1) 
The minimum lot area and other dimensional requirements of the underlying district shall be measured exclusively upon the flag portion. The area of the flag pole shall not be used.
(2) 
For purposes of required yards and setbacks, the lot line of the flag portion which is closest and most parallel to the street providing access to the lot shall be used to determine the front yard. The rear and side yards shall be marked accordingly. In all cases, the yard measurements shall be made to the lot lines of the flag portion and not to the lot lines of the flag pole. (See the flag lot diagram attached hereto and incorporated by reference for a graphic depiction of the yard locations.[1])
[1]
Editor's Note: The flag lot diagram is included at the end of this chapter.
C. 
Requirements for the flag pole.
(1) 
The width of the flag pole shall be a minimum of 32 feet. The subdivider shall demonstrate to the satisfaction of the Township Zoning Officer in consultation with the Township Engineer that all required stormwater, grading and the driveway can be accommodated within the proposed flag-pole width. In no case shall the width of the flag pole be less than 32 feet at its most narrow for a single driveway that is constructed to the standards as per Chapter 58.
[Amended 4-9-2013 by Ord. No. 190-2013]
(2) 
The flag pole shall not exceed 800 feet in length and shall not change direction more than once.
(3) 
No part of the flag pole shall be used for any portion of an on-lot sewage disposal system, nor any other improvement except for a driveway and other permitted improvements such as landscaping, fencing, utility connections to off-site facilities, mailboxes and signs.
(4) 
The driveway contained on the flag pole shall be located at least 10 feet from the adjoining property line, 35 feet from any existing habitable structures and 20 feet from any other existing structure on the site of an adjoining property.
[Amended 4-9-2013 by Ord. No. 190-2013]
(5) 
No driveway shall be located within 20 feet of another driveway on the same side of the street unless authorized as a joint-use driveway.
D. 
Joint-use driveway.
(1) 
When one or more flag lots are proposed, such lots may rely upon a joint-use driveway for vehicular access.
(2) 
All joint-use driveways shall have a minimum driveway width of 16 feet. The joint-use driveway may be exempt from the requirement of Subsection C(4) that a driveway contained on the flag pole be located 10 feet from an adjoining property line.
[Amended 4-9-2013 by Ord. No. 190-2013]
(3) 
If a driveway is to provide a shared access to a flag lot, then access agreements for joint ownership and maintenance of the driveway shall be prepared and recorded. The subdivider shall reference on the deeds for the new lots the recorded access agreements for the joint ownership and maintenance of the driveway.
[Added 12-11-2018 by Ord. No. 218-2018]
A. 
A medical marijuana dispensary must be legally registered in the commonwealth and possess a current valid medical marijuana permit from the Pennsylvania Department of Health.
B. 
A medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed, permanent, and secure building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
C. 
A medical marijuana dispensary may not operate on the same site as a facility used for growing and processing medical marijuana.
D. 
Medical marijuana dispensaries shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing medical marijuana.
E. 
Permitted hours of operation of a dispensary shall be 8:00 a.m. to 8:00 p.m. (of the same calendar day).
F. 
A medical marijuana dispensary shall be used for secure storage of product and shall have an interior customer waiting area equal to a minimum of 25% of gross floor area.
G. 
A medical marijuana dispensary shall:
(1) 
Not have a drive-in service;
(2) 
Not have an outdoor seating area;
(3) 
Not have an outdoor vending area;
(4) 
Prohibit the administering of, or the consumption of, medical marijuana on the premises; and
(5) 
Not offer direct or home delivery service.
H. 
A medical marijuana dispensary may dispense only medical marijuana to certified patients and caregivers and shall comply with all lawful, applicable health regulations.
I. 
The lot or property line of such business shall not be located within 1,000 feet of the lot line of any residence, residential use or residential zoning district.
J. 
The lot or property line of such business shall not be located within 1,000 feet of the lot or property line of any religious structure, school, day-care facility, public or commercial recreation facility, or public library.
K. 
Any medical marijuana facility lawfully operating shall not be rendered in violation of these provisions by the subsequent location of any uses referenced in § 110-74.3I and J.
L. 
All loading and off-loading areas shall be within secure environments.
M. 
Parking requirements shall be as according to § 110-80B as listed for medical office.
N. 
All external lighting shall comply with Township Code of Ordinances § 98-52.
[Added 12-11-2018 by Ord. No. 218-2018]
A. 
A medical marijuana grower/processor may only grow medical marijuana in an indoor, enclosed and secure building which includes electronic locking system, electronic surveillance, and other features required by the Department of Health. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreation vehicle or other motor vehicle.
B. 
The floor area of a medical marijuana grower/processor shall include sufficient space for production, secure storage of marijuana seeds, related finished product cultivation, and marijuana-related material used in production and cultivation or for required laboratory testing.
C. 
There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from any facility where medical marijuana growing, processing or testing occurs.
D. 
Marijuana remnants and by-products shall be secured and properly disposed of in accordance with Department of Health policy and shall not be placed within any unsecure exterior refuse containers.
E. 
The grower/processor shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is prohibited at medical marijuana grower/processor facilities.
F. 
The lot or property line of such business shall not be located within 1,000 feet of the lot line of any residence, residential use, or residential zoning district.
G. 
The lot or property line of such business shall not be located within 1,000 feet of the lot or property line of any religious structure, school, day-care facility, public or commercial recreation facility, or public library.
H. 
Any medical marijuana grower/processor lawfully operating shall not be rendered in violation of these provisions by the subsequent location of any uses referenced in § 110-74.4F and G.
I. 
All loading and off-loading areas shall be within secure environments.
J. 
Parking requirements shall be as according to § 110-80B as listed for medical office.
K. 
All external lighting shall comply with Township Code of Ordinances § 98-52.