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Annville Township Lebanon County
City Zoning Code

PART 5

GENERAL REGULATIONS

[Ord. 652, 12/5/2016]
The general regulations are designed to contain a list of complementary and general requirements that augment and clarify regulations listed elsewhere in this Chapter. Where applicable, these regulations shall apply uniformly to every use, activity, building, or structure hereafter erected, altered, established, or expanded. These regulations apply to all zoning districts and are listed comprehensively herein to avoid duplication, repetition, and conflicts throughout this Chapter.

§ 27-500.1 Intent.

[Ord. 652, 12/5/2016]
1. 
The Township recognizes that signs perform an important function in identifying properties, businesses, services, residences, events, and other matters of public interest. It is the intent of this Section to:
A. 
Set standards, provide controls, and establish procedures that permit reasonable use of signs and enhance the character of the Township.
B. 
Encourage sign design that builds in harmony with the scale and character of the Township.
C. 
Protect the safety and general welfare of the community so that permitted signs provide identification and direction while minimizing clutter, unsightliness, confusion, and hazardous distractions to motorists.

§ 27-500.2 Conformance Required.

[Ord. 652, 12/5/2016]
From the effective date of the ordinance codified in this Chapter, any sign erected, relocated, or altered shall conform to the provisions of this Section and any other ordinance or regulations that relate to it, including all applicable Federal, State and local laws, rules and regulations.

§ 27-500.3 Permits Required.

[Ord. 652, 12/5/2016]
1. 
Unless otherwise provided by this Section, all signs shall require permits and payment of fees as described in this Chapter. No permit is required for the maintenance of a sign or for a change of copy on a legally conforming painted, printed, or changeable copy sign. For the purposes of this Section, maintenance shall include any repainting of a sign that does not otherwise change its message or appearance.
A. 
It shall be unlawful for any person, firm or corporation to erect, relocate, or alter any sign without first obtaining a sign permit, unless the sign is specifically exempt from the permit requirements. Properties in the Historic District also require a certificate of appropriateness from the HARB.
B. 
Applications for sign permits shall be made upon forms provided by the Zoning Officer and shall contain or have attached the following information where relevant:
(1) 
Name, address, telephone number and signature of the owner or duly authorized agent for the property owner.
(2) 
Name, address, telephone number and signature of the applicant, if different from the owner.
(3) 
Name, address and telephone number of the sign contractor.
(4) 
Property address and applicable zoning district.
(5) 
Two copies of a plan drawn to scale depicting:
(a) 
Lot dimensions, building frontage, and existing cartways, rights-of-way and driveways.
(b) 
The design of each sign face and sign structure, including dimensions, total area, sign height, depth, color scheme, structural details, materials, lighting scheme and proposed location.
(c) 
Sign message.
(d) 
Building elevations, existing and proposed façades, parapet walls, cornices and the location and size of all proposed and existing permanent signage.
(e) 
Current photographs showing existing signs on the premises and certifying the date on which photographs were taken.
(6) 
A permit fee, to be established from time to time by resolution of the Board of Commissioners.
(7) 
Such other information which may be required by the Zoning Officer, including a certificate of appropriateness authorized by the Township Commissioners if the property lies within the Historic District, to show full compliance with this Chapter.

§ 27-500.4 Exempt Signs.

[Ord. 652, 12/5/2016]
1. 
The following signs shall be allowed without a sign permit and shall not be included in the determination of the number or sign area of other signs allowed within a zoning district, subject to the restrictions in §§27-500.11 and 27-500.12.
A. 
Address signs;
B. 
Artisan signs;
C. 
Civic event signs;
D. 
Directional signs;
E. 
Election signs;
F. 
Government/regulatory signs;
G. 
Home occupation signs smaller than two square feet;
H. 
Identification signs;
I. 
Incidental signs;
J. 
Instructional signs;
K. 
Memorial signs;
L. 
Personal expression signs;
M. 
Public interest signs;
N. 
Real estate signs;
O. 
Yard sale signs.

§ 27-500.5 Definitions.

[Ord. 652, 12/5/2016]
1. 
Words and phrases used in this Section shall have the meanings defined in this Section. Words and phrases not defined in this Section but defined elsewhere in this Chapter shall be given the meanings set forth in Part 2, Definitions.
LEGALLY NONCONFOR MING SIGN
Any existing sign:
A. 
Located on a premises in the Township with a permitted use; and
B. 
Legally erected prior to the adoption of the ordinance codified in this Chapter; and
C. 
Not meeting the provisions of the current ordinance.
SIGN
A name, identification, image, description, display, or illustration that:
A. 
Is affixed to, painted, or represented directly or indirectly upon a building, structure, or piece of land;
B. 
Directs attention to an object, product, place, activity, facility, service, event, attraction, person, institution, organization, or business;
C. 
Is visible from any street, right-of-way, sidewalk, alley, park, or other public property.
SIGN AREA
The area of all lettering, wording and accompanying designs and symbols, together with the background on which they are displayed. Sign area excludes any supporting framework and bracing; provided, that it does not contain any lettering, wording, designs or symbols. For the purpose of this Section, sign area shall be computed as a square or rectangle drawn at the outer limits of the sign face (defined hereafter).
A. 
In the case of cylindrical signs, signs in the shape of cubes, or other signs which are essentially three-dimensional with respect to their display surfaces, the entire display surface or surfaces is included in the computation of area.
B. 
Where the sign consists of a double face, only one side shall be considered for the purpose of calculating total sign area. Where both sides are not identical or where the interior angle formed by the faces of a sign is greater than 45°, all faces shall be considered in calculating total sign area.
C. 
Any spacing between signs designating different or separate occupants or uses of a building shall not be counted as sign area.
SIGN FACE
The part of a sign that is or can be used to identify, advertise and communicate information for visual representation, which attracts the attention of the public for any purpose. This definition shall include any background material, panel, trim and color used that differentiate the sign from the structure on which it is placed. The sign structure shall not be included; provided, that no message, display or symbol is designed and included as part of the structure.
SIGN HEIGHT
The distance from the highest portion of the sign, including all structural elements, to mean grade of the ground below the sign.
SIGN STRUCTURE
A supporting structure erected and used for the purpose of physically supporting a sign, situated on any premises where a sign may be located. This definition shall not include a building, fence, wall or earthen berm.
Signs are defined by form and by purpose. “Purpose” refers to the type of message contained in the sign. “Form” refers to the physical sign itself.
Signs Defined by Purpose:
ADDRESS SIGN
A sign that designates the residence number for identification purposes, as designated by the United States Postal Service. Exempt
ARTISAN SIGN
A sign giving the name or names of principal contractors, architects, and lending institutions responsible for painting or construction on the site where the sign is placed. Exempt
CIVIC EVENT SIGN
A noncommercial temporary sign, posted to promote and advertise an activity sponsored by the Township, school district, church, public agency, civic or charitable association or other similar noncommercial organization. Exempt
DEVELOPMENT SIGN
A temporary sign indicating that the premises is in the process of subdivision or development.
DIRECTIONAL SIGN
A sign designed to guide vehicular and/or pedestrian traffic by using such words as “Entrance,” “Exit,” “Parking,” “One-Way,” or similar direction or instruction, but not including any advertising message. The name or logo of the business or use to which the sign is giving direction may also be included on the sign. Exempt
DIRECTORY SIGN
A sign which identifies multiple uses in a planned development on a single sign; may be used for shopping centers, shopping streets or business campuses, and similar large complexes which have a variety of tenants or uses.
ELECTION SIGN
A temporary sign relating to the election of a person to a public office or a political party or a matter to be voted upon at an election by the public. There are no restrictions on election signs, including the number of signs, but such signs must be removed within 48 hours following the closing of the polls. Exempt
GENERAL PURPOSE SIGN
A sign that directs attention to a business, to a product sold, manufactured, or assembled, or to services or entertainment offered on the premises where the sign is displayed; or on a billboard.
GOVERNMENT / REGULATORY SIGN
Any sign to control traffic or for identification, including street signs, warning signs, railroad-crossing signs and signs of public service companies indicating danger or construction, which are erected by or at the order of a public officer, employee or agent thereof in the discharge of his official duties. Exempt
HOME OCCUPATION SIGN
A sign that designates a home occupation as permitted in this Chapter.
IDENTIFICATION SIGN
A sign that identifies only the occupant of a residential premises, the profession of an occupant, or historic designation of a building. Exempt
INCIDENTAL SIGN
A sign used in conjunction with equipment or other functional elements of a use or operation. These shall include, but not be limited to, drive-through window menu boards, signs on automatic teller machines, gas pumps, vending machines, or newspaper delivery boxes. Such signs shall not count toward the total number of signs permitted for any one property. Exempt
INSTRUCTIONAL SIGN
A sign located within the interior of a lot, generally not visible from the street or adjoining properties, which provides information as to the location, interior operation or use of buildings or facilities. Such signs shall not count toward the total number of signs permitted for any one property. Exempt
MEMORIAL SIGN
A memorial plaque or tablet, or other remembrances of persons or events, which is not for commercial or advertising purposes; does not include grave markers. Exempt
PERSONAL EXPRESSION SIGN
Any sign that expresses an opinion, interest, or position (not including election signs). Exempt
PUBLIC INTEREST SIGN
A sign on private property that displays information pertinent to the safety or legal responsibilities of the public such as warning and “No Trespassing” signs. Exempt
REAL ESTATE SIGN
A temporary sign indicating the sale, rental or lease of the premises on which the sign is placed. Such signs shall be removed within 14 days of settlement. Exempt
TEMPORARY SIGN
A sign which advertises projects or events. Temporary signs shall be displayed no longer than 60 days, unless permission is secured from the Township Commissioners or if a construction project or property sale takes more than 60 days to complete. Construction signs shall be removed within 14 days of completion of construction. Such signs shall be placed at least 30 feet apart and shall not count against the total number of signs allowed for a particular property. Exempt
TIME AND TEMPERATURE SIGN
An electronic sign that provides data regarding the current time and temperature by means of illuminated numbers. May be a wall sign, projecting sign, or freestanding sign.
YARD SALE SIGN
A temporary sign advertising a yard or garage sale. Exempt
Signs defined by Form: The physical structure of the sign.
A-FRAME SIGN
A single sign face supported by an upright, rigid frame in the form of a triangle or an inverted V.
AWNING SIGN
Any sign painted on or applied to a structure made of cloth, canvas, metal or similar material which is affixed to a building and projects from it. This definition shall also include signs suspended under a porch roof.
BANNER
A sign consisting of lightweight, flexible material supported by a frame, rope, wires or other anchoring devices, which may or may not include text, image, logo or graphic symbols, including but not limited to feather signs and air dancers.
BEACON LIGHT
Any source of electric light, whether portable or fixed, the primary purpose of which is to cast a concentration of light generally skyward as a means of attracting attention to its location rather than to illuminate any particular sign, structure or other object. Prohibited
BILLBOARD
Any large, off premises, outdoor structure having more than 100 square feet of display surface and typically found in high traffic areas.
DIGITAL AND ELECTRONIC SIGNS
Any sign, video display, projected image, or similar device or portions thereof with changeable text, images, or graphics generated by electronic components. Electronic signs include, but are not limited to, signs that use light emitting diodes (LEDs), plasma displays, fiber optics, pixel-based or other technology that results in bright, high-resolution text, images, and graphics. May be used if displays and messages are essentially stationary, do not change more frequently than once every 30 minutes with a transition period of one second or less, and follow all requirements within this Chapter.
DOUBLE-FACED SIGN
A sign with two identical faces of equal sign area, which are back to back.
FREESTANDING SIGN
Any nonmovable sign not affixed to a building.
ILLUMINATED SIGN
Any sign which has text, image, logo or graphic symbols illuminated by an internal or external lighting source attached to the sign.
MARQUEE SIGN
Any sign attached to a marquee for the purpose of identifying a movie theater or similar place of entertainment. Permitted as a conditional use
MOTION SIGN
A sign with action, motion, or the depiction of movement or change of position of text, images, or graphics. Motion shall include, but not be limited to: visual effects such as dissolving, flashing, scrolling, or fading text and images; running sequential text, graphic bursts; lighting that resembles zooming, flashing, twinkling, or sparkling; changes in light or color, transitory bursts of light intensity, moving patterns or bands of light; expanding or contracting shapes and similar actions; but not including wind-actuated elements such as flags, banners or specialty items. Prohibited, except for digital and electronic signs as described above
MOVABLE SIGN
Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels. This definition does not include sandwich board signs, A-frame signs or T-frame signs.
MURAL
Artwork applied to the wall of a building, which covers all or most of the wall and depicts a scene or event of natural, social, cultural, or historic significance. Permitted as a conditional use
NEON SIGN
Any electric sign lighted by luminous gas-discharge tubes that contain rarified neon or other gasses (includes fluorescent signs). A neon sign may be a wall sign, a projecting sign, or a window sign.
PENNANTS
Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series, designed to move in the wind. Includes streamers, ribbons, and spinners.
PROJECTING SIGN
A sign which is attached directly to any building wall and which extends more than 12 inches from the face of the wall. A projecting sign may not extend more than four feet from a wall, must clear the sidewalk by at least 10 feet, and may not extend into the cartway.
027 Projecting Sign.tif
ROOF SIGN
Any sign erected and constructed wholly on and over the principal roof of a building, supported by the roof, or extending vertically above the highest portion of the roof. Prohibited
SANDWICH BOARD
A movable sign consisting of two faces, connected and hinged at the top. Such signs shall not obstruct free passage of a pedestrian way nor any entrance or exit.
TETHERED BALLOON
An aerostat restrained by a cable attached to the ground or a vehicle so that it cannot float freely. The tether is normally attached to a winch used to raise and lower the balloon. Prohibited
T-FRAME SIGN
A single sign face supported by an upright, rigid frame in the form of an inverted T.
VEHICULAR SIGN
Any vehicle used as a sign or vehicle to which a sign is affixed in such a manner that the carrying of the sign is used primarily as stationary advertisement for the business where the vehicle is parked, or another business, or is otherwise not incidental to the vehicle’s primary purpose. Prohibited
WALL SIGN
Any sign erected against the wall of a building or displayed on doors or fences that does not protrude more than 12 inches from the wall, window, or door. A wall sign may not extend beyond the eave line or parapet of the roofline.
WINDOW SIGN
Any sign placed upon the outside or inside of a window, facing the outside. Customary displays of merchandise or objects and material without lettering placed behind a store window are not considered signs or parts of signs.

§ 27-500.6 General Regulations.

[Ord. 652, 12/5/2016]
1. 
The following restrictions and regulations shall be applicable to all signs unless otherwise specified:
A. 
Materials . All signs, excluding awning and window signs, shall be constructed only from wood, metal, stone, synthetic wood materials, or other material as determined by the Township Commissioners which has the general appearance of structures composed primarily of wood, metal or stone with painted, engraved or raised messages. Sign materials should complement the original construction materials and architectural style of the building façade on which they are to be displayed. If plywood is used, medium density overlay shall be used as a minimum grade. Bare plywood is prohibited.
B. 
Color. In selecting the principal colors for a sign, colors that complement the color of the building are recommended.
C. 
Illumination . Internally illuminated signs are not permitted in the Historic District Overlay. Where permitted, signs shall be illuminated only in accordance with the following regulations as authorized in an appropriate sign permit:
(1) 
Light sources shall be shielded from all adjacent properties and streets and shall not be of such intensity as to cause glare hazardous to pedestrians or motorists.
(2) 
With the exception of marquee signs, signs using internal illumination shall be designed so that when illuminated at night, only the letters and logos of the sign are visible. Individual, solid letters with internal lighting tubes which backlight a wall in a halo effect are permitted.
(3) 
Permits for illuminated signs will not be issued without an approved construction permit. All work shall be completed in full compliance with the electrical code in force in the Township.
(4) 
Backlit awnings are prohibited.
D. 
Electrical Connections. The electrical supply to all exterior signs, whether to the sign itself or to lighting fixtures positioned to illuminate the sign, shall be provided by means of concealed electrical cables. Electrical supply to freestanding signs shall be provided by means of underground cables. Applications for electrical permits, as required by the building code, shall be filed at the time of the sign permit application.
E. 
Nuisance. No sign shall create a public nuisance by emitting smoke, sound, vapor, beams or rays, particles, or odors.
F. 
Sign Removal. Any business that has closed shall remove any signs associated with the business within 60 days after it closes. The owner of the premises shall have the responsibility to ensure such signs are removed within the sixty-day period.
G. 
No sign or sign structure shall be erected unless it complies with all applicable requirements of the Township Building Code.
H. 
All signs and sign structures shall be safe, secure, kept in good repair and in a presentable condition, so that all sign information is clearly legible. Any sign found by the Zoning Officer to show deterioration, including rust, faded colors, discoloration, holes and missing parts or informational items, or to be unsafe, insecure, or a hazard to the public shall constitute a violation of this Section.
I. 
No sign or structure shall be placed in the public right-of-way except for permitted A-frame, T-frame, sandwich board, projecting, and civic event signs as provided for in this Section.
J. 
No sign shall cover architectural details such as arches, sills, moldings, cornices, and transom windows.
K. 
If a sign incorporates more than one purpose, the primary purpose shall determine the limitations as defined on Chart 1 in §27.500.12.

§ 27-500.7 Prohibited Signs.

[Ord. 652, 12/5/2016]
1. 
It shall be unlawful for any person, firm or corporation to erect any sign in the Township unless it is specifically permitted in this Section. Prohibited signs include, but are not limited to:
A. 
Those which by color, shape or location conflict with or resemble a traffic signal device.
B. 
Those attached to rocks, utility poles, parking meters, traffic signposts, traffic signals or control devices, street signs, or historical markers.
C. 
Those attached to trees, shrubs or any living vegetative matter.
D. 
Those erected without the permission of the property owner or authorized agent.
E. 
Those which create hazards to operators of vehicles and pedestrian traffic or which may interfere with, or obstruct the view of, any authorized traffic sign, signal, or device.
F. 
Those that obstruct free ingress to or egress from a required door, window, fire escape or other required exit.
G. 
Those that exhibit statements, words or pictures of pornographic subjects.
H. 
Those with reflective backgrounds or elements.
I. 
Those displaying trademarks or logos of companies other than the business on the premises.
J. 
Abandoned signs which no longer identify or advertise an existing business, lease, service, owner, product, or activity, or for which no legal owner can be found.
K. 
Banners exceeding in size more than 10% of the façade of the structure on which they are used. Banners used for more than 30 days unless permission is secured from the Township Commissioners.
L. 
Beacon lights.
M. 
Motion signs with the exception of time and temperature signs and digital and electronic signs as otherwise permitted (§27-500.5).
N. 
Movable signs.
O. 
Roof signs.
P. 
Tethered balloons, filled either by gas or heated air.
Q. 
Vehicular signs.

§ 27-500.8 Conditional Uses.

[Ord. 652, 12/5/2016]
1. 
The following signs shall be allowed as conditional uses when approved by the Board of Commissioners:
A. 
Marquee signs.
B. 
Murals.
2. 
The Board of Commissioners shall ensure the proposed sign is appropriate to the style, period, type, size and scale of the building for which it is proposed. The Commissioners shall weigh testimony from other property owners in the vicinity regarding the merits of the sign and shall weigh whether the sign will enhance the traditional town character of Annville or detract from it in determining whether the sign shall be permitted.

§ 27-500.9 Signs On the Premises of Legally Nonconforming Uses.

[Ord. 652, 12/5/2016]
1. 
Signs on the premises of legally nonconforming uses, such as an office in a residential area, may remain until the existing use of the premises is discontinued. If a sign wears out or is damaged, or is changed for any other reason, the number, size and area of all signs relating to the premises shall not be increased beyond the size they were at the time this Chapter was adopted.
A. 
Nothing in this Section shall relieve the owners or users of legally nonconforming signs, or the owners of the property on which legally nonconforming signs are located, from any provisions of this Section regarding the safety, maintenance, and repair of signs.
B. 
If a legally nonconforming sign lists more than one business, new businesses may be added without affecting the nonconforming status of the sign. However, the sign may not be altered in any way that extends the sign’s nonconformity in any manner.
C. 
Should 50% or more of any legally nonconforming sign be damaged by any means, it shall be removed and not reconstructed except in conformity with the provisions of this Section.
D. 
A legally nonconforming sign shall immediately lose its legally nonconforming designation if the sign is altered in any way, except as provided for in subsection .G of this Section. At that point, the sign shall be immediately brought into compliance with this Section and a new permit secured, or the sign shall be removed.
E. 
The existence of a legally nonconforming sign on a single or multiple occupancy premises shall not prevent the erection or placement of another sign on the premises, if the new sign meets the requirements of this Section. However, the total number of signs and the size and area of the signs shall not exceed the requirements of this Section.
F. 
Any business that has closed shall remove any signs associated with the business within 60 days after it closes. The owner of the premises shall have the responsibility to ensure such signs are removed within the sixty-day period.
G. 
Nonconforming signs may be repainted, repaired (including lighting) or replaced provided such repainted, repaired or replaced signs do not exceed the dimensions of the existing sign. Copy may also be changed. Nonconforming signs, once removed for a period of 60 days, may be replaced only with signs which conform to provisions of this Chapter.

§ 27-500.10 Special Regulations for Billboards.

[Ord. 652, 12/5/2016]
1. 
The requirements set forth in this Section shall be applicable to all billboards (offpremises signs) approved and built after the effective date of the ordinance codified in this Chapter. Any existing billboard shall be considered nonconforming and any repair, maintenance or replacement shall comply with this Chapter.
A. 
All off-premises signs in excess of 100 square feet require a permit from the Township Zoning Officer.
B. 
Applications for sign permits shall be filed in duplicate with one copy to the Township Office and shall be accompanied by detailed plans and specifications and such other information deemed necessary by the Zoning Officer to determine the location and details of construction of such sign.
C. 
Permit Fees. No permit to erect shall be issued until a fee, as established by resolution of the Board of Commissioners, has been paid.
D. 
Billboards (off-premises signs) shall be placed back-to-back, double faced or in a V, with no more than two displays to each facing. Such structures shall be considered as one. No new billboard shall be erected having more than one viewable face that is directed toward the same lane(s) of traffic.
E. 
Size of Signs. The maximum area for any one billboard (off-premises sign) shall be 288 square feet with a maximum sign face height of 12 feet or width of 24 feet subject to the measuring provisions of this Section.
F. 
Height of Signs. The total maximum height of any billboard (off-premises sign) shall be 45 feet as defined herein. Any communication structures, antennas or other nonmoving structures that may be placed on billboards shall not extend higher than 20 additional feet.
G. 
Spacing of Signs. No billboard (off-premises sign) shall be erected within 1,000 feet of any other existing billboard signs in any direction on the same side. The term “measurement” in this Section shall be the minimum distances between billboard structures measured along the nearest edge of the pavement between points directly opposite the signs and shall apply only to billboard structures located on the same side of the highway involved.
H. 
No billboard (off-premises sign) shall be located within 500 feet of any residential development (R1, R2, R3, and R4).
I. 
Lighting of Signs. Billboards (off-premises sign) may be illuminated by steady, stationary, and shielded light sources directed solely onto the surface of the sign face. No flashing, blinking, moving, scrolling, animated, crawling or intermittent lighting of billboard faces shall be allowed.
J. 
Billboards (off-premises signs) shall:
(1) 
Not be attached to any structure, such as, but not limited to, walls and roofs.
(2) 
Not be so constructed that any part or all of the sign moves or which appears to move by any means, including fluttering or rotating. This shall include tri-vision billboards.
(3) 
Be securely affixed to the ground or otherwise affixed in a permanent manner to an approved supporting structure.
(4) 
Not be painted directly on or affixed to trailers with no means of propulsion parked for more than five days in public view on private property, other than those signs incidental to the primary use of the trailer.
(5) 
Not be installed, erected, enlarged or structurally altered in violation of the provisions of this section.
(6) 
Not obstruct any window, fire escape, stairway, or opening intended to provide light, air, ingress, or egress from a structure.
K. 
The Zoning Officer shall order the removal of any billboard (off-premises sign) or advertising structure erected or maintained in violation of this Chapter.

§ 27-500.11 Special Regulations for Signs in the Historic District Overlay.

[Ord. 652, 12/5/2016]
1. 
In addition to all other requirements of this Section, the following regulations shall be applicable to any sign placed in the Historic District Overlay:
A. 
No sign shall be erected or altered until an application for a certificate of appropriateness has been reviewed and approved by the Historic Architectural Review Board (HARB) and after the Board of Commissioners has issued a certificate of appropriateness. HARB shall ensure the proposed sign is appropriate:
(1) 
To the style, period, type, size and scale of the building for which it is proposed; and
(2) 
With other signs in the district.
B. 
All applications for a certificate of appropriateness must contain the following information:
(1) 
A current color photograph of the property.
(2) 
An illustration of the building façade showing the proposed sign.
(3) 
A scale drawing showing the sign itself and including the size, materials, colors, lighting, lettering and method of attachment. Material samples may be required.
(4) 
For ground signs, a site plan indicating the location of the sign.
(5) 
The type of illumination.

§ 27-500.12 Sign Restrictions.

1. 
How to use the following charts:
A. 
Read the entire §27-500 to understand definitions, restrictions, exemptions, prohibitions, etc.
B. 
Find your zoning district in one of the top two columns (A or B) on Chart 1.
C. 
Find the purpose of your sign in the left hand column of Chart 1.
D. 
The intersection of these two axes on Chart 1 will give you the restrictions on square footage and height above the ground.
E. 
If your district is in column A of Chart 1, go to Chart 2-A and find the purpose of your sign in the left-hand column. (If your district is in column B of Chart 1, skip to step 8.)
F. 
Find the form of your sign in the column headings to the right on Chart 2-A.
G. 
The intersection of these two axes on Chart 2-A will tell you any restrictions that may apply.
H. 
If your district is in column B of Chart 1, go to Chart 2-B and find the purpose of your sign in the left-hand column.
I. 
Find the form of your sign in the column headings to the right on Chart 2-B.
J. 
The intersection of these two axes on Chart 2-B will tell you whether any restrictions apply.
K. 
REMEMBER: Any person wishing to place a sign within the Historic District is required to appear before HARB and obtain a certificate of appropriateness from the Board of Commissioners before applying for a permit and installing the sign (See §27-500.11.A).

§ 27-501.1 Intent.

[Ord. 652, 12/5/2016]
The regulations concerning parking are intended to insure that adequate, welldesigned parking facilities are provided for all new, altered, or expanded buildings and uses, since such regulations influence how a community will evolve. The general intent shall be to require off-street parking spaces, loading and unloading areas, driveway and accessways to (A) satisfy the minimum standards contained within this Section and (B) be designed to prevent overcrowding and congestion and impairment of traffic circulation and access.

§ 27-501.2 Requirement for Off-Street Parking Facilities.

[Ord. 652, 12/5/2016]
1. 
Accessory off-street parking facilities, including access driveways and loading/unloading areas, shall be required in accordance with the provisions of this Section as a condition precedent to the occupancy of such building or use in all districts except Town Center, where there are no off-street parking requirements. Facilities in all other districts shall be provided for the entire building or use as follows:
A. 
Whenever a structure is constructed or a new use established; or
B. 
Whenever the use of an existing structure is changed to a use requiring more parking facilities; or
C. 
Whenever an existing structure is altered or enlarged so as to increase the amount of parking spaces required under this Section.
D. 
In the event of a change of an existing use in an existing building, no additional off-street parking shall be required if the total floor space does not increase and if the new existing use does not require any more spaces under this Section than the use it replaces.
2. 
All off-street parking and loading areas, whether required by this Section or not, shall be developed, maintained, and used in accordance with the provisions set forth in these Sections.

§ 27-501.3 General Standards for Residential Off-Street Parking Facilities.

[Ord. 652, 12/5/2016]
1. 
Parking spaces for single-family detached, single-family semi-detached, two-family detached and two-family semi-detached shall be located on the same lot with the dwelling(s).
2. 
A driveway may be located within any setback area for a residential use.
3. 
Parking shall not be permitted closer than two feet from the side and rear property lines. When the parking will be contiguous and accessible to parking on adjacent lots, the parking may extend to the property line.
4. 
No parking shall be located within the front yard setback area, except within paved driveways, which shall be no wider than 24 feet.
5. 
Shared driveways are allowed for abutting lots.
6. 
For single- and two-family dwellings, gravel may be used in lieu of hard-surface paving for parking areas.
7. 
Surface water shall not be permitted to discharge over the public sidewalks or roadways or onto other premises.

§ 27-501.4 General Standards for Nonresidential Off-Street Parking Facilities.

[Ord. 652, 12/5/2016]
1. 
Parking areas shall have safe access to and from a street, alley, or access drive. In addition, appropriate driveways, aisles, and maneuvering space shall be provided as necessary to permit safe and convenient access to and use of the area provided for parking. Except as noted above, no portion of any street right-of-way shall be used for off-street parking.
2. 
Parking spaces shall be designed to prevent vehicular maneuvering from infringing upon a street, road right-of-way, alley or sidewalk. Parking spaces shall also be designed so that vehicles may have access to and from spaces without moving another vehicle.
3. 
A parking space within a garage shall be considered a parking space meeting the requirements of this Chapter if access can be provided in accordance with the requirements of this Section. Stacked parking shall not be used to satisfy minimum off-street parking requirements.
4. 
The layout of any parking area shall be designed to allow vehicles to drive forward when exiting onto a public street. Exception: parking areas for single- and two-family dwellings; however, no reverse exiting shall be permitted to Route 422 or Route 934 because of high traffic volume.
5. 
Parking spaces shall be readily accessible to, and a reasonable distance from, the structures and uses served. Such spaces shall be on the same lot as the principal structure or use, except where otherwise permitted in this Section.
6. 
All parking spaces shall be available to patrons, customers or visitors throughout the hours of operation of the structure or use for which the spaces are provided. Displays, promotions or other events held on parking lots shall not utilize parking spaces required for customers. Adequate additional parking spaces shall be available for the supplemental use.
7. 
Parking spaces shall be improved and individually delineated using white or yellow paint stripes four inches wide. Additionally, special purpose spaces and areas such as “handicapped” parking, “visitor only” parking, “limited time” parking, and fire and police spaces shall be clearly labeled using appropriate colors.
8. 
Parking requirements will be considered met only when actual spaces meeting the requirements of this Section are provided and improved. Parking spaces may not thereafter be reduced below the minimum requirements as long as the principal structure or use remains, unless an equivalent number of spaces is provided for use in another approved location.
9. 
A parking space shall have minimum dimensions of 10 feet by 20 feet. When parking spaces are provided parallel to a driveway or aisle, the minimum dimension of the spaces shall be 10 feet by 22 feet.
10. 
Where stormwater management is accomplished in part or in total by using best management practices other than above-ground detention basins, the Township Commissioners may permit the use of parking spaces nine feet by 18 feet for up to 50% of the total provided parking spaces.
11. 
Paved islands for directing traffic or separating traffic aisles or parking areas are not permitted unless specifically approved by the Township Commissioners.
12. 
Parking spaces shall not be located such that vehicles using the spaces would block accessways to or exits from the parking lot to or from a street.
13. 
Parking spaces shall be located such that they may be used without excessive and awkward maneuvers, movements opposite required traffic flow and movements into painted traffic islands.
14. 
Unless otherwise specifically regulated, improved, hard surface off-street parking for all uses shall be limited to portions of the lot as follows:
A. 
Parking shall not be permitted within 25 feet of any street or road right-of-way. However, provided the minimum 25 feet is satisfied, up to 50% of the required front yard may be used for parking.
B. 
Required side and rear yards may be used for parking provided:
(1) 
A minimum parking setback of 10 feet from the property line is maintained in all cases where more prohibitive regulations do not apply.
(2) 
Minimum parking setbacks of 20 feet in the C and I Districts, and 40 feet in the GC District, and 100 feet in the LI District are maintained in all yards abutting an R1, R2, or R3, or R4 District boundary; provided, that a setback of 20 feet in I Districts is allowed if adequate screening and buffering is approved by the Township Commissioners.
C. 
Loading and unloading areas shall not be permitted in the required front yard.
15. 
Interior aisles or maneuvering lanes shall have a minimum width as follows:
Angle of Parking Space
Parking Aisle Width in Feet
90° to 60°
22 (must be one way, 24 feet if two way)
60° to 45°
19 (must be one way)
Less than 45°
17 (must be one way)
Parallel
12 (must be one way, 24 feet if two way)
16. 
Pavement markings, when permitted by the Commissioners, curbing and landscaped parking islands shall be placed within parking areas to force vehicles to use designated routes. The Township Commissioners may require curbing when deemed necessary for proper drainage or traffic and pedestrian safety.
17. 
In Gateway Commercial, Commercial and Industrial Districts, provisions for common parking facilities are encouraged in recognition of their increased flexibility and efficiency. When common parking facilities are approved, side and/or rear parking setback requirements may be waived in order to establish unified and continuous parking areas; in such cases, access drives and sidewalks shall be so aligned as to maximize parking efficiency and minimize traffic congestion. Entrances and exits must have clear sight lines and good visibility so that, both going in and coming out, drivers can see and cars can be seen. The number of spaces provided shall not be less than 80% of the sum of the spaces required for each individual use.
18. 
Maneuvering areas at least 10 feet in depth shall be provided to facilitate leaving the end spaces in parking areas.
insert image
19. 
No less than a five-foot radius of curvature shall be provided for all curb lines in all parking areas.
20. 
Curbs, bumper guards, bollards or wheel stops shall be installed in parking and loading areas where there is a protective fence, wall or hedge to ensure that vehicles will not strike them or obstruct public rights-of-way.
21. 
Parking areas shall be designed with safe, convenient and well-demarcated pedestrian access to destinations. Colored or textured crosswalks/walkways, a minimum of four feet wide, shall allow pedestrians to securely move through the parking area to sidewalks. Manual of Uniform Traffic Control Devices (MUTCD) accepted signage shall make motor vehicles aware of the possible movement of pedestrians and bicycles in the parking area.
22. 
Handicapped parking shall be provided in accordance with ADA Standards for Accessible Design, shall be clearly identified, and shall be located as close to a handicapped accessible entrance as possible.
23. 
Whenever possible, and deemed appropriate by the Township engineer based upon sub-surface conditions, all parking areas, loading areas, and access driveways shall be an acceptable, semi-pervious material to reduce stormwater runoff. In all other cases, such areas shall have an impervious asphalt, concrete, or brick surface. Other surfaces require approval by the Township Commissioners.
24. 
Improved, hard surface, parking areas for more than four vehicles shall have individual spaces painted or marked.
25. 
Surface water shall not be permitted to discharge over the public sidewalks or roadways or onto other premises.
26. 
The grade of parking areas shall be at least 1% and not exceed 6%.
27. 
Appropriate bumper guards or curbs shall be provided in order to define parking spaces or limits of paved areas for common parking areas and to prevent vehicles from projecting into required yards. All curbs and bumper guards shall be constructed in accordance with standards established by the Township Commissioners.
28. 
Areas necessary to fulfill the off-street parking requirements of this Chapter shall be used solely for that purpose. They shall not be used for the sale, dead storage, repair, dismantling, or servicing of vehicles.
29. 
Off-street parking facilities existing at the effective date of the ordinance codified in this Chapter shall not be subsequently reduced to an amount less than that required under this Chapter for a similar new building or use.
30. 
Parking areas shall be arranged and constructed so that no portion of any vehicle parked within a designated parking space can extend over any lot line of the lot on which it is parked.
31. 
Parking areas designed to contain more than four vehicles shall be screened from the view of any lands zoned R1, R2, R3, or R4 adjacent to the land on which the nonresidential parking area is located.
32. 
In all districts except the TC District, parking lots of 10 or more parking spaces shall be a minimum of 10 feet from any principal structure. The ten-foot setback shall contain appropriate landscaping. Parking lots of less than 10 spaces shall be a minimum of five feet from any principal structure.
33. 
The location and width of entrance and exit driveways to common parking facilities shall be planned to interfere as little as possible with the use of nearby property and with pedestrian and vehicular traffic on the nearest streets. Where there is more than one driveway to a parking area, the driveways, whenever possible, shall be limited to one-way travel, either as an entrance to or exit from the parking area. In all cases, the radius of the edge of the driveway apron shall be at least 15 feet, unless a lesser radius is permitted by other Township ordinances, so that a car entering or leaving will not obstruct vehicles in other traffic lanes in the driveway or street. Entrances and exits shall be limited to three lanes. The width of such entrances and exits, measured at the street property line, shall conform with the following schedule:
Width (feet)
Minimum
Maximum
One Lane
12
14
Two Lanes
20
28
Three Lanes
30
40
34. 
No permanent nonparking activity shall occur on any required parking space.
35. 
Parking is prohibited on landscaped or other areas not designed and approved for parking.
36. 
Required parking and all maneuver areas shall remain free of all obstructions.
37. 
No parking space may block access to another parking space.

§ 27-501.5 Approval of Parking and Loading Area Plans.

[Ord. 652, 12/5/2016]
Detailed, scaled drawings of off-street parking and loading areas (except for single and two-family dwellings) shall be submitted to the Zoning Officer for approval prior to their construction. The drawings shall show each space, dimensions of driveways, aisles and other features required under the provisions of this Section, including but not limited to interior planting islands, landscaping, location of streets and curb cuts, traffic directional arrows, signage, markings, and surface material.

§ 27-501.6 Parking Lots in Town Center District.

[Ord. 652, 12/5/2016]
1. 
Annville’s development pattern of closely spaced buildings, often placed up against the street, give it the distinct neighborhood feel and identity it enjoys today. To retain that special feel, Annville needs to accommodate cars without demolishing buildings or otherwise destroying the character of its downtown.
A. 
Where it is physically possible, parking lots shall be located behind buildings, such that buildings separate parking areas from the street. In cases where this is not possible, parking may be located to the side of a building. In no case shall parking be located in front of a building. Parking shall not be placed to the side of a building adjacent to a street.
B. 
The access to parking lots shall be on a side street or at the rear of the property.
C. 
Parking areas for nonresidential uses shall be located a minimum of five feet from a street right-of-way line, lot line, and principal structure.

§ 27-501.7 Shared Parking Lots for Nonresidential Uses.

[Ord. 652, 12/5/2016]
1. 
Multiple buildings or uses may share parking lots to meet the required parking spaces of this Section, provided one or more of the parties owns the lot.
2. 
Before a parking lot may serve multiple users, all the parties shall sign a formal written agreement. The Zoning Officer shall keep a copy of this agreement on file, and may revoke the zoning permits of the users if the agreement is not maintained.
3. 
Parking spaces required for uses operated during evening hours or weekends, such as churches and theaters, may be made available to and shared with uses such as banks, offices, and some retail uses not normally open or operating during evening hours (between 6:00 p.m. and 6:00 a.m. prevailing time). The Commissioners may also allow sharing of spaces between business uses if it can be demonstrated that the peak business hours for each use are substantially different. The Township Commissioners shall be satisfied that sufficient legal agreements are in place to assure the availability of parking in the future and that adequate parking will be available for all uses during all hours of the day. The applicant shall provide the necessary documentation to the Commissioners, which shall determine whether sharing may occur and to what extent it may occur.

§ 27-501.8 Off-Premises Parking Areas.

[Ord. 652, 12/5/2016]
Areas to provide required parking spaces for nonresidential uses may be located on a land parcel separate from the building or use it serves if adequate off-street parking capacity is not feasible on the same lot. The applicant must submit a plan for such areas for review by the Planning Commission and final approval by the Township Commissioners. All required parking spaces shall be within 400 feet of the principal use parcel unless located on a contiguous parcel in same ownership as the principal use parcel. This restriction and any other on-premises parking requirement listed in Part 5 shall not apply to uses by nonprofit, church-related homes for the elderly or any use (i.e., residential or nonresidential) of State-accredited colleges or universities within the Institutional District or the Institutional District Overlay.
When parking will be provided on another lot, the applicant shall demonstrate sufficient parking is available for all uses on both lots, an adequate pedestrian access is provided to the other lot, and sufficient legal arrangements have been made to assure the availability of those spaces.

§ 27-501.9 Lighting of Parking Areas.

[Ord. 652, 12/5/2016]
All parking areas for more than 10 vehicles serving business uses and collective residential parking shall be adequately illuminated during the hours between sunset and sunrise when the use is in operation. Lighting fixtures shall be equipped with or be capable of being back fitted with light directing devices such as shields, visors or hoods when necessary to redirect offending light distribution. Lights shall be installed or aimed so that they do not project their output into the window of a neighboring residence, an adjacent use, directly skyward, or onto a roadway.

§ 27-501.10 Landscaping of Parking Lots.

[Ord. 652, 12/5/2016]
1. 
Off-street parking lots containing more than four spaces for uses other than one- and two-family dwellings shall be landscaped to reduce wind and air turbulence, heat, noise, and the glare of automobile lights; to provide shade; to improve stormwater drainage; and to create a more attractive setting.
2. 
Plant materials selected for landscaping in parking lots shall be of a species proven to be salt and dust resistant. Materials shall be planted and have root systems that minimize damage to paved areas.
3. 
No single row of off-street parking spaces shall exceed 12 spaces. Interior planting islands as defined in this Chapter shall be at intervals not to exceed 12 spaces, unless alternative landscaping arrangements are approved by recommendation of the Planning Commission to the Township Commissioners.
4. 
Planting islands shall be located at each end of a double parking row.
5. 
Parking areas with more than 12 spaces or those fronting Main Street in the Historic District Overlay shall provide perimeter planting strips, which shall have a minimum width of five feet. Such strips shall contain shade trees and shrubs. These strips shall be designed to accommodate snow storage.
6. 
There shall be a planting strip incorporated for every four rows of parking spaces. Such planting strip shall run parallel to parking rows and shall have a minimum width of five feet.
7. 
Parking areas with more than 12 spaces or those fronting Main Street in the Historic District Overlay shall have at least one tree of three-inch caliper minimum for every six parking spaces in single rows and one tree of three-inch caliper minimum for every 12 parking spaces in double-loaded rows of parking spaces. These trees shall be in addition to those required as buffer screening. Shrubs and other planting materials are encouraged to be used to complement the trees, but shall not be the sole contribution to the landscaping.
8. 
Surface treatment of planting islands and planting strips shall be grass, ground cover, low maintenance shrubs, or pervious materials such as mulch or stone screenings.
9. 
Landscaping shall be maintained to not interfere with required clear sight triangles and required sight distances.
10. 
In cases where planting strips or islands are not feasible, planting diamonds, measuring five feet by five feet and placed in the center of four intersecting parking spaces, may be used.
11. 
All required plantings shall be maintained in good condition to present a healthy, neat and orderly appearance. Such plantings shall be kept free from refuse, debris, and weeds. Plants damaged by insects, disease, vehicular traffic, acts of nature or vandalism shall be replaced during the next planting period.
12. 
See Appendix 1 for a list of recommended plantings.

§ 27-501.11 Required Parking Spaces.

[Ord. 652, 12/5/2016]
1. 
When computing the number of required parking spaces, the Zoning Officer may exclude floor area of structures (e.g., storage, employee lounge, bathroom, etc.) that does not bear any relationship to the parking needs of the use.
2. 
Where parking requirements are determined by the number of seats and only temporary seats are provided, the number of parking spaces to be provided shall be based upon the capacity for temporary seats in normal usage. Twenty-four linear inches of benches, pews, or space for loose chairs or similar seating facilities shall equal one seat; spacing of rows shall be 30 inches on center.
3. 
For industrial uses, the number of employees for which parking spaces are to be provided shall coincide with the number of employees provided for in permit applications.
4. 
The number of off-street parking spaces to be provided for each use shall be sufficient to accommodate all employee, visitor, and customer parking. One parking space shall be provided per company vehicle to be parked on the premises. Minimum off-street parking requirements shall be as follows, unless otherwise established in this Chapter. There shall be no minimum off-street parking requirement for uses in the Town Center District.
A. 
Residential uses: Two parking spaces per dwelling unit.
B. 
Restaurant, tavern or similar use: One space for each three seats plus one space for each employee on the premises at any one time. For restaurants with no indoor seating, one space for each 1,000 square feet of lot area.
C. 
Retail and service establishments: One space for each 200 square feet of gross floor area of the ground floor; one space for each 300 square feet of gross floor area of upper floors.
D. 
Office buildings: One space for each 200 square feet of gross floor area.
E. 
Medical, dental and paramedical offices and clinics: One space per employee plus five spaces for each person engaged in practice.
F. 
Nursing home, personal care facilities, and similar uses: One space per employee on the premises at any one time plus one space for each four beds.
G. 
Funeral home: One space for each three seats plus one space per employee on the premises at any one time.
H. 
Auditorium, theater, municipal building, place of worship, club or lodge, or other place of public assemblage: One space for each three seats, plus one space per employee on the premises at any one time.
I. 
Library or museum: One space per 300 square feet of gross floor area.
J. 
Nursery schools and day care centers: One space per employee on the premises at any one time plus one space for loading and unloading of children for each six children accommodated in the school.
K. 
Elementary, middle, junior high and senior high schools: Two spaces per each administrative staff member, plus 1.2 spaces per each additional staff member, plus one-quarter space per seat in the gymnasium.
L. 
Motel, hotel, or bed and breakfast inn: One space for each rental unit, plus one space for each employee on the premises at any one time.
M. 
Motor vehicle service station or repair garage: Two parking spaces per service bay, plus one space per employee on the premises at any one time.
N. 
Bowling alley: Five spaces per alley, plus one space for each employee on the premises at any one time.
O. 
Indoor recreational facility or place of amusement: One space per 50 square feet devoted to patron use.
P. 
Industrial, wholesaling or warehousing establishment, laboratory, research center: One space per employee on the premises at any one time, or one space per 1,000 square feet of gross floor area, whichever results in more parking spaces.
Q. 
Barber shop or beauty shop: One space per employee on the premises at any one time, plus two spaces for each person engaged in practice.
R. 
Commercial school: One space per employee on the premises at any one time, plus two-thirds space per student.
S. 
Hospital: One-half space per bed plus one space per employee on the premises at any one time.
T. 
Golf course: 10 parking spaces per hole plus one space per employee based on the shift having the largest number of employees, plus 50% of spaces otherwise required for accessory use.
U. 
Miniature golf course and driving range: Two parking spaces per tee.
V. 
Health fitness center: One space per 50 square feet devoted to patron use.
W. 
Flea market: Two spaces per vendor space.
X. 
Dormitory or student group residence: One space per two persons in residence based upon design capacity.
For any building or use not covered above, the Zoning Officer shall apply the standard for off-street parking spaces in the above schedule deemed to most closely approximate the proposed use.

§ 27-501.12 Parking Areas Held in Reserve.

[Ord. 652, 12/5/2016]
1. 
In order to prevent the establishment of a greater number of parking spaces than may actually be needed, the Township Commissioners may grant permission to reserve construction of a percentage of the total required number of parking spaces required by this Chapter for future parking needs consideration.
2. 
The applicant shall provide documentation from a qualified professional transportation engineer supporting the request for a reduction in parking spaces.
3. 
In all cases where a percentage of the parking requirement will be held in reserve, the actual area needed to fulfill the parking space requirement shall be shown within the design on the land development plan. Reserve areas shall be restricted from development other than for parking purposes.
4. 
In no case shall the required number of parking spaces held in reserve be greater than 20% of the total required number of parking spaces.
5. 
The parking reserve area shall not include areas for required buffer yards, setbacks, or yard areas, required common open space, or areas which would otherwise be unsuitable for parking spaces due to physical or environmental constraints of the area.
6. 
The Commissioners may require that additional parking spaces be constructed, in accordance with this Section, where the Commissioners determine that the spaces are necessary due to traffic congestion or parking overflow on the site.
7. 
In the event that the Commissioners do not require the total number of parking spaces, land not used for parking areas shall remain as open space and shall be deed restricted if necessary.
8. 
Stormwater facilities shall be designed taking into account parking areas to be constructed initially and construction of reserve parking areas, unless otherwise recommended by the Township Engineer.

§ 27-501.13 Bicycle Parking.

[Ord. 652, 12/5/2016]
1. 
Parking should be located:
A. 
In well lit, secure locations;
B. 
In a highly visible place with much pedestrian traffic;
C. 
So bicycles do not obstruct pedestrians;
D. 
Near curb cuts;
E. 
With easy access from the street and protected from motor vehicles;
F. 
In proximity to the main entrance or directly inside the building with appropriate signage.
2. 
Number of Spaces Required.
A. 
Multifamily dwelling units shall provide bicycle parking spaces equal to a minimum of 10% of the required vehicle spaces, unless separate secured garage space is provided for each unit. The bicycle spaces shall be distributed throughout the project to the extent feasible.
B. 
Retail commercial uses shall provide bicycle parking spaces equal to a minimum of 10% of the required vehicle spaces, distributed to serve customers and employees of the businesses.
C. 
Other nonresidential uses providing employment shall provide bicycle parking spaces equal to a minimum of 5% of the required vehicle spaces, distributed to serve employees and visitors.
3. 
Bicycle Parking Design. Bicycle racks must be designed so that they:
A. 
Don’t bend wheels or damage other bicycle parts;
B. 
Accommodate high security U-shaped bike locks;
C. 
Allow users to secure the frame and both wheels;
D. 
Provide a minimum of two feet in width for each space.

§ 27-502.1 Intent.

[Ord. 652, 12/5/2016]
1. 
Outdoor lighting shall be required for safety and personal security for uses that operate or have activity during hours of darkness and where there is public assembly and traverse.
2. 
The glare-control requirements contained herein apply to lighting in all uses.
3. 
The Township Commissioners may require or restrict lighting when deemed necessary to accomplish the purposes of this Chapter.
4. 
Temporary decorative lighting is exempt from the requirements of this Chapter.

§ 27-502.2 Criteria.

[Ord. 652, 12/5/2016]
1. 
Illumination Levels.
A. 
Lighting, where required or otherwise allowed by this Chapter, shall have intensities and uniformity ratios in accordance with the current recommended practices of the Illuminating Engineering Society of North America (IESNA) as contained in the IESNA Lighting Handbook or separately in IESNA Recommended Practices.
B. 
Future amendments to said recommended practices shall become part of this Chapter without further action of the Township.
2. 
Lighting Fixture Design.
A. 
For the lighting of predominantly horizontal surfaces such as, but not limited to, roadways, areas of vehicular and pedestrian passage, loading areas, and parking areas, fixtures, whether free-standing, wall mounted, or any other type, shall be aimed straight down and shall meet IESNA full-cutoff criteria.
B. 
Where the use of fixtures meeting IESNA full-cutoff criteria is not practical or possible, fixtures shall be equipped with aiming and/or light-redirecting devices such as shields, visors, baffles, skirts or hoods when necessary to direct or redirect offending light distribution.
C. 
The use of floodlighting, spotlighting, noncutoff wall-mounted fixtures, internally illuminated decorative globes and spheres, lanterns and other fixtures not meeting IESNA full-cutoff criteria, shall be permitted only with the approval of the Township, based upon acceptable justification and achievement of adequate glare control.
3. 
Control of Nuisance and Disabling Glare .
A. 
All outdoor lighting, whether or not required by this Chapter, on private, residential, commercial, industrial, municipal, recreational or institutional property shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property. No direct beams of light shall be directed toward adjacent properties or public roads.
B. 
Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement.
C. 
Lighting proposed for use after 11:00 p.m., or after normal hours of operation of a business, whichever is earlier, for commercial, industrial, institutional, recreational or municipal application, except for the illumination of the American flag, shall have a lighting plan. Such lighting plans shall be designed to mitigate light trespass, nuisance glare, and sky-lighting consequences and shall not adversely impact residential housing. Such plans shall be reviewed by the Planning Commission and approved by the Township Commissioners.
D. 
Lighting fixtures for externally illuminated signs and billboards shall be so designed or fitted to concentrate the light output onto and not beyond the sign or billboard.
E. 
The use of strobe lighting for tall structures such as smokestacks, chimneys and radio/communications/television towers is prohibited during hours of darkness, except as specifically required by FAA.
4. 
Installation .
A. 
Poles supporting lighting fixtures for the illumination of parking areas shall be placed a minimum of five feet outside paved area, curbing or tire stops, or on concrete pedestals at least 30 inches high above the pavement, or suitably protected by other means approved by the Township.
B. 
Except as specifically approved by the Township Commissioners, fixtures meeting IESNA full-cutoff criteria shall not be mounted in excess of 20 feet above finished grade. Fixtures not meeting IESNA cutoff criteria, when specifically approved by the Commissioners, shall not be mounted in excess of 16 feet above grade.
5. 
Maintenance.
A. 
Lighting fixtures and ancillary equipment shall be maintained so as always to meet the requirements of this Chapter.
6. 
Street Lighting for Residential Applications.
A. 
Where required in this or other ordinances for residential uses, lighting shall be provided as follows:
(1) 
At the intersection of entrance roads to the development with a public road.
(2) 
At the intersection of public roads within the development with development interior roads.
(3) 
Along the longest cul-de-sac bulb radius.
(4) 
At terminal ends of center median islands having concrete structure curbing, trees or other fixed objects, e.g., signs, not having a breakaway design.
(5) 
At marked pedestrian crossings located within the development.
B. 
The types of street lighting fixtures shall be approved by the Township.
7. 
Plan Submission .
A. 
For subdivision and land development applications where site lighting is required or proposed, lighting plans shall be submitted to the Township for review and approval with any preliminary or final subdivision/land development plan application and with any conditional use, special exception, variance application or building permit where applicable, and shall include:
(1) 
A site plan, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses that might be adversely impacted by the lighting, and a layout of all proposed fixtures by location, mounting height and type. The submittal shall include in addition to area lighting, architectural lighting, building entrance lighting, landscape lighting, etc.
(2) 
A ten-foot by ten-foot illuminance-grid (point-by-point) plot of maintained foot-candles, carried out to 0.0 foot-candles, which demonstrates compliance with the light trespass, intensity and uniformity requirements as set forth in this Chapter. The maintenance (light-loss) factor used in calculating the illuminance levels shall be documented on the plan.
(3) 
Description of the proposed equipment, including fixture catalog cuts, photometrics, glare reduction devices, lamps, on/off control devices, mounting heights, pole foundation details and mounting methods. A pole foundation detail is to be provided on the plan.
B. 
When requested by the Township Commissioners, applicant shall also submit a visual-impact plan that demonstrates appropriate steps have been taken to mitigate on-site and off-site glare and light trespass.
C. 
The following notes shall appear on the lighting plans:
(1) 
Post-approval alterations to lighting plans or intended substitutions for approved lighting equipment shall be submitted to the Township for review and approval.
(2) 
The Township reserves the right to conduct a post-installation night-time inspection to verify compliance with the requirements of this Chapter, and if appropriate, to require remedial action at no expense to the Township.
8. 
Compliance Monitoring.
A. 
Safety Hazards.
(1) 
If appropriate officers or agents of the Township determine that a lighting installation creates a safety or personal-security hazard, the person(s) responsible for the lighting shall be notified in writing and required to take remedial action within a specified time period.
(2) 
If appropriate corrective action has not been effected within the specified time period, the Township may commence legal action as provided in this Chapter.
B. 
Nuisance Glare and Inadequate Illumination Levels .
(1) 
When appropriate officers or agents of the Township determine that an installation produces unacceptable levels of nuisance glare, direct skyward light, excessive or insufficient illumination levels or otherwise varies from this Chapter, the Township may cause written notification of the person(s) responsible for the lighting and require appropriate remedial action within a specified time period.
(2) 
If the appropriate corrective action has not been effected within the specified time period, the Township may commence legal action as provided in this Chapter.

§ 27-503.1

[Ord. 652, 12/5/2016]
Where District Regulations require buffer areas, screening, landscaping, planting islands and strips and the like, these shall be subject to approval of the Zoning Officer prior to planting, unless approval power is otherwise designated by this Chapter or the plan will be reviewed as part of subdivision or land development plan review. The type and density of planting shall adequately provide the required screening effect year-round. Buffer areas are intended to screen, separate, and shield a potentially incompatible use from adjoining properties. See Appendix 1 for lists of recommended plantings.

§ 27-503.2

[Ord. 652, 12/5/2016]
Plantings shall be perpetually maintained, and placed and kept trimmed so they will not infringe upon street right-of-way lines, sidewalks, property lines, clear sight triangles, and the lighting of marked pedestrian crosswalks upon maturity.

§ 27-503.3

[Ord. 652, 12/5/2016]
1. 
When required by district regulations, a landscaping plan shall be prepared. In particular:
A. 
Access drives and common parking areas shall be provided with shade trees of an appropriate size and character.
B. 
Open space adjacent to buildings, areas between buildings, and border strips along the sides of pedestrian walkways shall be graded and seeded or landscaped.
C. 
Approaches and entrance areas to buildings shall be provided with trees and shrubbery.
D. 
Areas not used for buildings, drives, loading and parking space shall be seeded or landscaped.
E. 
Natural features such as wooded areas shall be preserved and incorporated into the design of the development.

§ 27-503.4 Buffer Areas.

[Ord. 652, 12/5/2016]
1. 
Except in the TC Zoning District, any nonresidential use that directly abuts any existing residential use or district that permits dwelling units shall provide buffer areas that comply with the following standards. The following standards shall also be met when buffer areas and screens are otherwise required by this Chapter. The Township Commissioners upon recommendation of the Township Planning Commission may waive or reduce buffering requirements for existing developed properties undergoing expansion.
A. 
Size, Location.
(1) 
A ten-foot buffer area shall be required, unless otherwise indicated in this Chapter.
(2) 
The buffer area shall be measured from the district boundary line or from the street right-of-way line (where a street serves as the district boundary line). Buffer areas shall not be within an existing or future street right-of-way and shall be in addition to the right-of-way.
(3) 
The buffer area may include land within a required front, side, or rear yard.
B. 
Characteristics.
(1) 
The buffer area shall be a landscaped area free of structures, manufacturing or processing activity, materials, loading, or vehicular parking. No driveways or streets shall be permitted in the buffer areas except at points of ingress or egress.
(2) 
Maintenance. In all buffer areas, all areas not covered by trees or bushes shall be maintained with an all-season groundcover, such as grass. All grass shall be regularly mowed, with a height not to exceed 12 inches. The buffer area shall be kept free of debris or rubbish.
C. 
Planting Screening.
(1) 
Each buffer area shall include a planting screen of trees, shrubs, or other plant materials extending the full length of the lot line to serve as a barrier to sight, airborne particles, glare and noise.
(2) 
Each planting screen shall be in accordance with the following requirements:
(a) 
See definition of planting screen.
(b) 
The landowner shall permanently maintain the planting screen and replace within one year any plant material that does not live. Such stipulation shall become part of the terms of any development agreement.
(c) 
The planting screen shall be so placed that at maturity it will be at least three feet from any street or property line.
(d) 
The planting screen shall be broken only at points of vehicular or pedestrian access.
(e) 
The planting screen shall be composed of plant species indigenous to or otherwise well adapted to the conditions of this region.
(f) 
Screens may include earthen berms with a maximum height of 48 inches.
(3) 
In circumstances where it is impractical for a planting screen to meet all the requirements of this Section or would create an undue hardship, the Township Commissioners may approve acceptable screening alternatives that shall satisfy the spirit, objectives and intent of the screen requirements.
D. 
Plans.
(1) 
Prior to the issuance of any Zoning Permit, the applicant shall submit plans showing:
(a) 
The location and arrangement of each buffer area;
(b) 
The placement, species, and size of all plant materials; and
(c) 
The placement, size, materials and type of all fences to be placed in such buffer area.
(2) 
Such plans shall be reviewed by the Zoning Officer to ascertain that the plans are in conformance with the terms of this Chapter.

§ 27-503.5

[Ord. 652, 12/5/2016]
1. 
If required by the Township Commissioners, screens that act to minimize or eliminate views of the following site elements located partially or fully within 100 feet of property lines or road rights-of-way (either public or private) shall be provided in all proposed land developments.
A. 
Parking lots.
B. 
Dumpsters, trash disposal or recycling collection centers.
C. 
Service or loading docks.
D. 
Outdoor storage.
E. 
Vehicle storage.
F. 
Detention basins.
G. 
Sewage treatment plants and pump stations.
H. 
Vacuums at car washes.

§ 27-504 Compliance with Other Township Regulations.

[Ord. 652, 12/5/2016]
In addition to complying with the requirements of this Chapter, the requirements of all other Township ordinances and regulations, including but not limited to the Township Subdivision and Land Development Ordinance (Chapter 22) and building code, shall apply.

§ 27-505 Access to Structures.

[Ord. 652, 12/5/2016]
Every building and structure hereafter erected or moved shall be on a lot adjacent to a public street or a private street approved by the Township Commissioners, or on a lot for which a legally recorded right of access to a public street or approved private street existed prior to the effective date of the ordinance codified in this Chapter. After the effective date of the ordinance codified in this Chapter, no lot shall be created unless it abuts a public street or a private street approved by the Commissioners, except that in the case of a structure related to public sanitary sewer and water systems such structure may be placed on a lot which is not adjacent to a public or private street as long as a legally recorded right-of-way access to such a street will exist.
Where access to a tract of land zoned Light Industrial is available from more than one street, and access from at least one street would be over land zoned Light Industrial, all points of ingress and egress to and from the land zoned Light Industrial shall be from the streets which will be reached by passage over land zoned Light Industrial.

§ 27-506.1

[Ord. 652, 12/5/2016]
1. 
A lot in a TC, GC, C, LI, I, or P District may include more than one permitted principal use per lot or more than one permitted principal building per lot; provided, that all of the area, height and yard requirements are met for each use and each building and the buildings are part of a unified land development.
A. 
For example, if Use One requires a one-acre lot area and Use Two on the same lot requires a two-acre lot area, then the lot shall have a minimum lot area of three acres.
B. 
The applicant shall submit a site plan prepared by a qualified professional that demonstrates that each structure would meet the requirements of this Chapter.
C. 
The land shall be in common ownership. However, a condominium form of ownership of individual buildings, with a legally binding property owners association, may be established if the applicant proves to the satisfaction of the Zoning Officer, based upon review by the Township Solicitor, that there will be appropriate legal mechanisms in place.

§ 27-506.2

[Ord. 652, 12/5/2016]
1. 
A lot within an R1, R2, R3, or R4 District shall not include more than one principal use and shall not include more than one principal building unless specifically permitted by this Chapter, except in the case of a State-accredited college or university.
A. 
A condominium residential development, apartment development, rental townhouse development, or retirement community may include more than one principal building per lot, provided all other requirements of this Chapter are met.
B. 
A condominium form of ownership of individual dwelling units, with a legally binding homeowners’ association, may be established if the applicant proves to the satisfaction of the Zoning Officer, based upon review by the Township Solicitor, that there will be appropriate legal mechanisms in place and compliance with applicable State law.

§ 27-507.1

[Ord. 652, 12/5/2016]
No structure may be erected, altered, or used, and no lot or premises may be used for any activity which is noxious, injurious, or offensive by reason of air pollution, dust, smoke, odor, fumes, noise, glare, heat, vibration, gas, effluent discharge, illumination, radioactivity, electrical disturbance, fire or explosion hazard, outdoor storage, waste disposal or similar substances or conditions.

§ 27-507.2

[Ord. 652, 12/5/2016]
No land or structures in any zoning district shall be used or occupied in any manner that creates any nuisance, such as but not limited to continuous or incessant noise for a period of 15 minutes, odors, vectors, dust, vibrations, excretion of bodily waste beyond the owner’s or renter’s property in such manner or in such amount as to adversely affect the reasonable use or value of the surrounding area or adjoining premises or be dangerous to public health or safety.

§ 27-507.3

[Ord. 652, 12/5/2016]
No structure may be erected within a street right-of-way except for official traffic signs, utility poles, streetlights, street signs, United States Postal Service mailboxes, and other similar structures approved by the Township Commissioners.

§ 27-507.4

[Ord. 652, 12/5/2016]
1. 
Any use not permitted, specifically or by implication, in a zoning district in this Chapter is prohibited specifically in that zoning district. The following uses and activities are specifically prohibited in any zoning district in the Township:
A. 
Residential structures without permanent foundations or without permanent connections to utilities.
B. 
The showing or presenting of lewd material or entertainment in an outdoor setting or theatre.
C. 
Any depository for dead animals or any facility for animal slaughtering or rendering.
D. 
The tanning of hides.
E. 
The use of any land for the storage of:
(1) 
Motor vehicles not fully operable or not having current inspection and registration stickers.
(2) 
Vehicle parts, machinery or parts thereof.
(3) 
Scrap metals, wood, furniture, paper, rags, or any discarded material or junk whatsoever unless a valid permit has been issued for it. This shall not include trash deposited in containers and awaiting pick-up for no more than one week.

§ 27-507.5

[Ord. 652, 12/5/2016]
1. 
No landowner, tenant nor lessee shall use or allow to be used any land or structures in a way that results or threatens to result in any of the following conditions:
A. 
Transmission of communicable disease, including conditions that may encourage the breeding of insects or rodents.
B. 
A physical hazard to the public, or a physical hazard that could be an attractive nuisance that would be accessible by children.
C. 
Pollution to groundwater or surface waters, other than as authorized by a State or Federal permit.
D. 
Risks to public health and safety, such as but not limited to explosion, fire or biological hazards.
2. 
Additional Information. If the Zoning Officer has reason to believe that the proposed use may have difficulty complying with the standards of this Section, then the Zoning Officer may require an applicant to provide written descriptions of proposed machinery, hazardous substances, operations and safeguards.

§ 27-508.1

[Ord. 652, 12/5/2016]
No fence, wall or hedge shall be erected or planted within the right-of-way lines of any street, nor shall they encroach upon any street right-of-way at any time.

§ 27-508.2

[Ord. 652, 12/5/2016]
Fences, walls and hedges shall comply with the corner lot restrictions of this Chapter. They shall not be placed to interfere with clear sight triangles; see §27-523.

§ 27-508.3

[Ord. 652, 12/5/2016]
It is the responsibility of owners to locate the property line and place the fence, wall or hedge appropriately on their own property.

§ 27-508.4

[Ord. 652, 12/5/2016]
No fence or wall within a front yard, except a retaining wall, shall exceed four feet in height, as measured from the adjacent grade, unless otherwise required by this Chapter or noted in the Historic District Overlay. In residential zoning districts, the maximum height of a fence along side and rear yards shall be six feet as measured from the adjacent grade unless otherwise described in the Historic District Overlay.

§ 27-508.5

[Ord. 652, 12/5/2016]
Fences shall be constructed of wood, metal, stone, chain link, plastic, or similar appropriate materials, be of uniform construction, and be constructed in a competent manner.

§ 27-508.6

[Ord. 652, 12/5/2016]
No fence shall be electrified or otherwise present a hazard to the public. Barbs, concertina wire, and other hazardous obstacles are prohibited.

§ 27-508.7

[Ord. 652, 12/5/2016]
Fences shall be maintained to prevent them from becoming dilapidated or structurally unsound.

§ 27-508.8

[Ord. 652, 12/5/2016]
Fences, walls, and hedges shall not be placed within easements unless the holder of the easement grants permission for such encroachment in writing and holds the Township harmless for any damage to such encroachment should such encroachment have to be removed in the future. This written documentation must be submitted to the Township prior to issuance of any required permit.
In no case shall fences, walls, and hedges be placed in drainage easements, emergency access easements, and other similarly restricted easements.

§ 27-508.9

[Ord. 652, 12/5/2016]
Outdoor private swimming pool fences shall be in accordance with the applicable State and local regulations.

§ 27-508.10

[Ord. 652, 12/5/2016]
1. 
All fences in C, GC, and LI Zoning Districts shall conform to the following:
A. 
Fences shall be constructed and maintained so that the most aesthetic side shall face the exterior of the property.
B. 
A fence separating a wholly nonresidential use from any other wholly nonresidential use may not exceed 10 feet in height.
C. 
In the C and GC districts, fences shall not exceed six feet in height, unless a greater height is required elsewhere in this Chapter.

§ 27-509 Water Supply and Sewerage Facilities Required.

[Ord. 652, 12/5/2016]
In the interest of protecting the public health, safety, and welfare, every structure hereafter erected, altered, or moved upon any premises and used in whole or in part for dwelling, commercial, recreational business, institutional, or industrial purposes shall be provided with both public water and public sewer facilities.
Where a lot is not served by a public water supply and/or sanitary sewerage system and other State statute or regulation or local ordinance in force requires a higher standard for lot area or lot width than this Chapter, the more restrictive regulations of such other statute, ordinance or regulation shall apply.

§ 27-510.1 Intent.

[Ord. 652, 12/5/2016]
The intent of these regulations is to permit home occupations, primarily the sale of a service, where there will not be adverse impacts on nearby residences. Such home occupations include but are not limited to: physicians, dentists, lawyers, architects, engineers and accountants; insurance, real estate or securities brokers; barbers and beauticians; photographers; tutors of individual students; seamstresses and tailors; and other occupations meeting these criteria which are not otherwise prohibited by law. Regulations have been established to minimize the potential for adverse impacts from home occupations.

§ 27-510.2 Regulations.

[Ord. 652, 12/5/2016]
1. 
The proprietor of the home occupation shall reside on the premises and shall be the property owner or a member of the immediate family of the property owner. The home occupation shall be incidental to the use of the property as a residence, and there shall be no exterior evidence of the occupation, except for a sign, nor change to the appearance of the dwelling to facilitate the operation of the occupation.
2. 
The home occupation shall be conducted wholly within the dwelling and shall not occupy more than 25% of the habitable floor area nor more than 750 square feet. This area shall include all functions or activities of the home occupation.
3. 
The proprietor may employ not more than one assistant who does not reside within the dwelling used for the home occupation.
4. 
Any home occupation or accessory function of a home occupation that creates noise, fumes, smoke, odor, dust, heat, electrical interference, or glare perceptible at or beyond lot boundaries shall be prohibited.
5. 
No storage of materials or products related to the home occupation shall be permitted outside buildings.
6. 
Home occupations shall be conducted with direct ground-level access.
7. 
Not more than one home occupation shall be practiced in any one dwelling unit.
8. 
Goods available for retail sale shall be produced in the dwelling unit, unless incidental to the principal service provided.
9. 
No display of products shall be visible from public streets or adjacent properties.
10. 
A home occupation may be open to the public between the hours of 8:00 a.m. and 8:00 p.m.
11. 
No truck deliveries shall occur between the hours of 8:00 p.m. and 8:00 a.m. Delivery trucks shall not be longer than 25 feet and shall not have more than two axles.
12. 
No home occupation shall require trash pick-up in excess of that which is normally required for a residential dwelling.
13. 
Prohibited home occupations are such that involve the stocking of items for retail or wholesale transfer, involve a gathering of people, normally use large areas, or customarily are not compatible with dwellings, by virtue of creating excessive noise, fumes, odor, dust, electrical interference, or substantially more than normal residential levels of traffic. Prohibited home occupations include but are not limited to: retail and wholesale stores; shops and equipment storage of contractors; auto, truck, or engine repair; medical or dental offices with more than one practitioner.

§ 27-510.3 Prohibited Uses.

[Ord. 652, 12/5/2016]
1. 
The following uses are prohibited in all residential districts:
A. 
Adult entertainment establishments;
B. 
Indoor amusement arcades;
C. 
Check cashing establishments;
D. 
Payday loan stores;
E. 
Fortune telling establishments;
F. 
Pawnshops;
G. 
Tattoo and body piercing establishments;
H. 
Head shops;
I. 
Outdoor vending machines;
J. 
Vape shops.

§ 27-511.1 Intent.

[Ord. 652, 12/5/2016]
The intent of these regulations is to permit home-based businesses that have no impact on the neighborhood. The business or commercial activity must satisfy the following.

§ 27-511.2 Regulations.

[Ord. 652, 12/5/2016]
1. 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
2. 
The business shall employ no employees other than family members residing in the dwelling.
3. 
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
4. 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
5. 
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
6. 
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
7. 
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
8. 
The business may not involve any illegal activity.

§ 27-511.3 Prohibited Uses.

[Ord. 652, 12/5/2016]
1. 
The following uses are prohibited in all residential districts:
A. 
Adult entertainment establishments;
B. 
Indoor amusement arcades;
C. 
Check cashing establishments;
D. 
Payday loan stores;
E. 
Fortune telling establishments;
F. 
Pawnshops;
G. 
Tattoo and body piercing establishments;
H. 
Head shops;
I. 
Outdoor vending machines;
J. 
Vape shops.

§ 27-512 Yard Sales.

[Ord. 652, 12/5/2016]
Each residential building shall be permitted six yard sales per year. Each weekend or portion of a weekend in which a yard sale is conducted shall be considered one yard sale. Parking shall not be permitted by anyone attending the yard sale so as to block any public street of Annville Township.

§ 27-513 Gasoline Pumps and All Other Equipment.

[Ord. 652, 12/5/2016]
Gasoline pumps, fuel tanks, and all other service equipment shall be located not less than 35 feet from any lot line and/or road right-of-way and located such that vehicles stopped for service will not extend over the property line.

§ 27-514 Minimum Floor Area.

[Ord. 652, 12/5/2016]
Unless otherwise regulated in this Chapter, every dwelling unit hereafter designed, established, or erected shall contain a minimum habitable floor area of 700 square feet.
Every dwelling unit shall provide a minimum of 80 square feet of habitable floor area for each occupant.

§ 27-515 Foundations.

[Ord. 652, 12/5/2016]
All dwelling units hereafter erected or altered shall have a permanent continuous foundation in compliance with the Township Construction Code.

§ 27-516 Front Yard Exceptions.

[Ord. 652, 12/5/2016]
When an unimproved lot of record is situated between two improved lots, the front yard requirements for the district may be modified so that the front yard may be an average of the adjacent existing front yards. Where an unimproved lot of record is adjacent to one improved lot that was developed prior to the enactment of this Chapter, the front yard requirements of the unimproved lot may be reduced to the average of the existing improved lot setback and required front yard. This provision shall only apply in such cases where the improved lots in question are improved as of the time of the adoption of the ordinance codified in this Chapter. For the purpose of this section, an unimproved lot shall be the same as a vacant lot and an improved lot shall be one on which a principal building is erected.

§ 27-517.1

[Ord. 652, 12/5/2016]
1. 
A single-family detached dwelling may be converted into a dwelling for a greater number of families only where permitted by the applicable zoning district regulations, subject to the following requirements:
A. 
Each dwelling unit shall not have less than 700 square feet of floor area and shall only be occupied by one family as defined in this Chapter.
B. 
Two off-street parking spaces shall be provided for each dwelling unit. Parking spaces for converted dwelling units shall not be located within front yards.
C. 
The lot area per unit is not reduced to less than 4,000 square feet per unit.
D. 
The yard, height, and lot coverage requirements for the District in which the dwelling unit is located shall be met.
E. 
The maximum number of people permitted to occupy a dwelling unit shall be in accord with any other applicable Township ordinance or code. The maximum number of persons permitted in any dwelling unit shall not exceed one person for every 80 square feet of habitable floor area in the dwelling unit.
F. 
The Zoning Hearing Board shall specify the maximum number of families and people permitted to occupy such building, and may prescribe such further conditions and restrictions as the Board may consider appropriate.
G. 
The building shall maintain the appearance of a one-family dwelling with a single front entrance. Additional entrances may be placed on the side or rear of the structure. The dwelling units may internally share the single front entrance.
H. 
The conversion shall not be permitted if it would require the placement of an exterior stairway on the front of the building. Dwelling units shall not be located within cellars.

§ 27-518 Reduction of Lot Area.

[Ord. 652, 12/5/2016]
No lot shall be so reduced that the area of the lot or the dimension of yards will be smaller than required by this Chapter, except as may be required in connection with the widening of a public right-of-way by the Township.

§ 27-519 Exceptions to Height Regulations.

[Ord. 652, 12/5/2016]
The height limitations of this Chapter shall not apply to church spires; farm structures when permitted by other provisions of this Chapter (e.g., silos, barns, etc.); belfries, cupolas, penthouses and domes not used for human occupancy; chimneys, ventilators, skylights, water tanks, bulkheads and similar features; utility poles and standards; and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve and then only in accordance with any other governmental regulations. HVAC systems placed above roof level shall be completely screened. Communications towers and communications antennas are subject to the applicable requirements of this or any Township ordinance.

§ 27-521.1

[Ord. 652, 12/5/2016]
All areas for off-street parking, off-street unloading and loading, and the storage or movement of motor vehicles shall be physically separated from public streets or highways by a raised curb or planting strip to serve as a barrier against unchanneled motor vehicle entrance or exit, except for necessary driveways and accessways for entrance to and egress from such parking, loading or storage areas.

§ 27-521.2

[Ord. 652, 12/5/2016]
The capacity of each parking lot shall provide space upon the lot adequate to prevent a back-up of vehicles on a public street awaiting entry to the lot.

§ 27-522.1

[Ord. 652, 12/5/2016]
Paved off-street loading and unloading spaces, with proper access from a street, access drive, or alley, shall be provided on any lot on which a building for trade, business, industry, warehousing, or other use similarly involving receipt of or distribution of materials or merchandise by motor vehicle is hereafter erected or expanded. All such areas for the loading and unloading of vehicles, and for the servicing of establishments by refuse collection, fuel and other service vehicles, shall be of such size, design and arrangement that they may be used without blocking or otherwise interfering with the use of automobile accessways, parking facilities and pedestrian ways. Loading areas shall not be located within required front yards and shall not be located within five feet of any side or rear lot line. All loading and unloading shall be conducted within or adjacent to a building.

§ 27-522.2

[Ord. 652, 12/5/2016]
The number and size of loading spaces provided and their location shall be appropriate for the use to be conducted on the premises and sufficient to accommodate all vehicles serving the use. At least one loading space shall be provided for each use. When a permit is applied for constructing, expanding, or changing a structure or use, the application shall show all provisions for off-street loading and include supporting data (data on number, frequency and size of vehicles which will use the loading facilities), which justify the number and size of spaces provided. The number and size of spaces required shall be approved by the Zoning Officer unless otherwise indicated in this Chapter.

§ 27-522.3

[Ord. 652, 12/5/2016]
All areas for off-street unloading and loading shall be physically separated from public streets or highways by a raised curb or planting strip to serve as a barrier against unchanneled motor vehicle entrance or exit, except for necessary accessways for entrance to and egress from such loading areas. Ingress and egress of loading operations shall not require repeated movements into and out of streets to access a loading space.

§ 27-523.1

[Ord. 652, 12/5/2016]
Clear sight triangles shall be provided at all street intersections. Within such triangles, nothing which impedes vision between two feet and 10 feet above the center line grades of the intersecting streets and driveways shall be erected, placed, planted, or allowed to grow, except street signs, traffic lights or signs, utility poles, and mail boxes. As a minimum, such triangles shall be established by connecting points a distance of 75 feet from the point of intersection of street centerlines measured along street centerlines unless otherwise specified in this Chapter. Greater triangles shall be provided when required by the township Subdivision and Land Development Ordinance.
Vegetation shall not be planted or allowed to grow in such a manner as to obscure vision between a height of two feet to 10 feet above the centerline grades of the intersecting streets within the required clear sight triangle.

§ 27-523.2

[Ord. 652, 12/5/2016]
In the case of a building to be placed on a corner lot such that the front of the building will not be parallel to a street line, yards shall be provided so that no portion of the building will be placed closer to a street than the front yard requirement of this Chapter, so that no portion of the rear of the building will be placed closer to a lot line than the rear yard requirement of the applicable zoning district, and so that no portion of a side of the building will be placed closer to a lot line than the side yard requirement of the applicable zoning district.

§ 27-524.1

[Ord. 652, 12/5/2016]
1. 
The following projections shall be permitted into required yards and shall not be considered in the determination of yard size or building coverage:
A. 
Terraces, patios, decks, or open porches; provided, that such terraces, patios, decks, or open porches are not roofed or enclosed by any wall exceeding four feet in height, are not closer than five feet to any lot line (except a lot line which is the projection of a parting wall), and do not extend above the first floor of the building.
B. 
Projecting architectural features such as bay windows, cornices, basement entrances, pilasters, piers, eaves, roof overhang, fireplaces, chimneys, and window sills; provided, that all such features shall project no more than five feet into any required yard, and shall not be located closer than five feet to any lot line (except lot lines which are the projection of parting walls); however, any canopies, porte cochères or other roofs that extend more than five feet from the building line as defined in this Chapter shall be subject to the yard requirements applied from the lot line to the edge of the roof.
C. 
Uncovered stairs and landings, provided such stairs or landings are not located closer than five feet to any lot lines (except lot lines that are the projection of parting walls).
D. 
Fire escapes provided they are not supported on the ground and do not project more than five feet into any adjacent property line.

§ 27-525.1

[Ord. 652, 12/5/2016]
Major recreational equipment (including, but not limited to, boats and boat trailers, travel trailers, pick-up campers or coaches designed to be mounted on automotive vehicles, motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not) shall not be parked or stored on any lot in an R1, R2, R3, or R4 District except in a carport, enclosed building or rear yard; provided, however, that such equipment may be parked anywhere on residential premises for a period not to exceed 24 hours during loading or unloading. No such equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such use.

§ 27-525.2

[Ord. 652, 12/5/2016]
Automotive vehicles of any kind or type without current license plates shall not be parked or stored on any property, unless completely covered or in an enclosed building, unless such vehicles are for sale at a sales agency dealing in automotive vehicles or within a properly approved junk yard.

§ 27-525.3

[Ord. 652, 12/5/2016]
No tractor or trailer from a tractor trailer truck or other truck used in the operation of a business, other than a vehicle used in conjunction with a lawful conforming or nonconforming use, shall be stored or parked within an R1, R2, R3, or R4 District unless it is stored within a completely enclosed building.

§ 27-525.4

[Ord. 652, 12/5/2016]
Moving vans, construction vehicles, delivery vehicles, and similar vehicles may be parked temporarily outside buildings during the conduct of business of serving lawful uses.

§ 27-525.5

[Ord. 652, 12/5/2016]
Parking of vehicles and recreational equipment on streets shall be subject to applicable Township ordinances (see Chapter 15, Motor Vehicles and Traffic, Part 4.).

§ 27-525.6

[Ord. 652, 12/5/2016]
1. 
Any truck, trailer, compressor, or other piece of equipment used in connection with a commercial or manufacturing use, assuming the use is legal or is legally nonconforming, shall be considered an extension of that use, and may be parked when:
A. 
It is actually in use in performing some legitimate service at the site at which it is parked.
B. 
It is being used in connection with ongoing construction or similar work at the site at which it is parked.
C. 
It is a motor vehicle under 20 feet in length and 5,000 pounds in weight and is being used as a private vehicle, even if equipment is attached to it or carried on it.
D. 
The truck or trailer is parked on the lot of the legal or legally nonconforming use.
E. 
The truck or trailer is parked on the street adjacent to the legal or legally nonconforming use.
F. 
It is parked within a completely enclosed garage.

§ 27-525.7

[Ord. 652, 12/5/2016]
No more than two boats, recreational vehicles, or similar vehicles may be parked on one lot in any zoning district. The only exception to this limit is for a sales and service center for such vehicles or a commercial storage business for such vehicles.

§ 27-525.8

[Ord. 652, 12/5/2016]
In no case shall any street or alley in the Township be used for automobile repair or any other use other than public passage unless authorized by ordinance, license, or act of the Township Commissioners.

§ 27-526.1

[Ord. 652, 12/5/2016]
Driveways shall comply with standards for driveways established by Township driveway ordinances and Subdivision and Land Development Ordinances (see Chapter 22). If there is a conflict between the following standards and such other ordinance, such other ordinance shall apply.

§ 27-526.2

[Ord. 652, 12/5/2016]
No driveway shall be constructed in such a manner so as to create a drainage or sedimentation problem on an adjacent property or street. Provisions subject to approval of the Township shall be made for drainage at all intersections of driveways with streets.

§ 27-526.3

[Ord. 652, 12/5/2016]
The driveway between the right-of-way line of the street and the street cartway shall be paved.

§ 27-526.4

[Ord. 652, 12/5/2016]
Driveway entrances to State routes shall meet Pennsylvania Department of Transportation requirements.

§ 27-526.5

[Ord. 652, 12/5/2016]
No driveways shall be within two feet of any property line, except for access to the street or highway, unless an adjacent house shares such driveway or the Township permits adjacent driveways.

§ 27-526.6

[Ord. 652, 12/5/2016]
All curb cuts shall be properly constructed to Township standards where curbing exists; if curbing does not exist, then an adequate drainpipe shall be installed as determined by the Township Engineer.

§ 27-526.7

[Ord. 652, 12/5/2016]
No design shall be approved which is likely to create substantial traffic hazards endangering the public safety. Safety requirements that may be imposed by the Township Commissioners shall include, but not be limited to, traffic control devices, acceleration or deceleration lanes, turning lanes, traffic and lane markings, and signs.

§ 27-526.8

[Ord. 652, 12/5/2016]
No driveway shall be constructed or reconstructed prior to the issuance of any required driveway permit.

§ 27-526.9

[Ord. 652, 12/5/2016]
Residential driveways shall have a minimum width of 10 feet and maximum width of 20 feet, excluding parking areas, turnarounds, and driveway aprons.

§ 27-526.10

[Ord. 652, 12/5/2016]
Properties with access to paved or improved alleys shall have driveways that access the alley.

§ 27-526.11

[Ord. 652, 12/5/2016]
Properties with frontage on two streets of the same classification shall have driveways that access the street with lesser traffic volumes.

§ 27-526.12

[Ord. 652, 12/5/2016]
Driveways shall be located so as to provide a clear sight triangle of 25 feet at intersections with streets.

§ 27-526.13

[Ord. 652, 12/5/2016]
Driveways shall be located, designed and constructed in a manner which will not cause interference to the traveling public, a hazard to the free movement of normal highway traffic, or areas of traffic congestion.

§ 27-526.14

[Ord. 652, 12/5/2016]
All residential properties shall be limited to one curb cut, which shall be permitted only if it is impossible to access the lot from an alley.

§ 27-526.15

[Ord. 652, 12/5/2016]
1. 
The following standards shall apply to nonresidential properties:
A. 
Properties with frontages of 100 feet or less shall be limited to one curb cut.
B. 
Not more than two curb cuts may be permitted for any single property, tract, or lot, for each street frontage. More than two curb cuts per frontage may be permitted only when anticipated traffic volumes warrant more than two and when supported by a traffic study prepared by a qualified traffic engineer.

§ 27-527.1 Residential Accessory Structures – General Regulations.

[Ord. 652, 12/5/2016]
1. 
The following general regulations shall apply to residential accessory structures, regardless of zoning district. Accessory structures include, but are not limited to, private animal shelters, private detached garages, private swimming pools, private greenhouses, private storage sheds and private tennis courts, and seasonal roadside stands.
A. 
On any lot on which a principal building existed at the effective date of the ordinance codified in this Chapter, an accessory building to such existing principal building which is constructed after the effective date of the ordinance codified in this Chapter does not have to be set back further from any street right-of-way than that principal building.
B. 
No permanent structure shall be constructed on any lot prior to the commencement of construction of the principal building to which it is accessory. Temporary job site construction trailers are permitted during construction.
C. 
Nothing in this Section shall limit other residential accessory uses not mentioned so long as they are accessory to the residential use of the land, and do not create a threat to the public health, safety, and welfare of the community.
D. 
No nonresidential activities shall be permitted.
E. 
No accessory structure shall have an area exceeding 50% of the floor area of the principal building.
F. 
The total area of all accessory structures on a lot shall not exceed one-half the maximum permitted building coverage in the applicable zoning district.
G. 
No more than two storage sheds shall be located on any one lot. All storage sheds shall be anchored in accordance with the Township Construction Code.
H. 
Truck bodies or trailers, buses, mobile homes, mobile office trailers, and similar alternative containers shall not be permitted for use as a private storage shed.
I. 
No accessory structure shall be permitted within any front yard.
J. 
Any structure attached to a principal building in any manner shall comply in all respects with the yard requirements of this Chapter for a principal building.
K. 
Storage sheds shall be no larger than 200 square feet. Storage sheds shall be located only in rear and side yards, and shall not be permitted within three feet of any side or rear lot line.
L. 
Multi-story accessory structures (excluding garages) are permitted only if there are at least two other multi-story buildings on the same side of the same block within a two-hundred-and-fifty-foot radius as measured from the center of the proposed structure.
M. 
In the case of a lot on which a principal building existed on the effective date of the ordinance codified in this Chapter, an accessory building thereto may be located closer to a side lot line than permitted above; provided, that the accessory building is situated to the rear of the principal building, complies with the construction standards of the Uniform Construction Code, and is not located closer to the side lot line than the principal building.
N. 
No more than three accessory structures shall be allowed on any one lot.
O. 
Private tennis courts shall be permitted within side or rear yards; provided, that such facility shall be not less than 15 feet from side or rear lot lines. No such tennis court shall be permitted unless it is protected on all sides (except for an access way) by a permanent fence 10 feet in height.
P. 
Greenhouses shall comprise a total floor area of no more than 200 square feet. Greenhouses shall be located only in rear yards and shall not exceed 12 feet in height.
Q. 
Private, noncommercial swimming pools which are designed to contain a water depth of 18 inches or more, regardless of whether they are permanently affixed or movable, shall be located on the same lot or tract as the dwelling and shall not be permitted in the front yard. In all other yards, a pool shall not be closer than 15 feet to any lot line, as measured from the water’s edge. All pools shall be completely enclosed with a continuous impenetrable fence or barrier no less than four feet in height above the ground level and shall be equipped with a lockable gate or retractable ladder. Any deck, patio, or impermeable surface, not under roof or otherwise enclosed, which surrounds, is attached to, or associated with a pool shall be no closer than 10 feet to the side or rear lot line. Swimming pools shall be used solely for occupants of the property and their guests.
R. 
Apartment and townhouse accessory structures shall be restricted to uses for residents of the apartment and townhouse units.

§ 27-527.2 Nonresidential Accessory Structures – General Regulations.

[Ord. 652, 12/5/2016]
No structure shall be located within any required front, rear, or side yard unless otherwise permitted by this Chapter.

§ 27-527.3 Nonresidential Accessory Structures – Use Regulations.

[Ord. 652, 12/5/2016]
1. 
The following specific use regulations shall apply to nonresidential accessory uses, regardless of zoning district: Accessory uses shall be limited to use by employees only.
A. 
Storage. When storage outside buildings is permitted within a zoning district, no storage shall be permitted within front and side yards. Outdoor storage of materials shall be screened from view from adjoining properties and streets.
(1) 
Outdoor storage of any type shall not be permitted unless such storage is a part of the normal operations conducted on the premises, subject to requirements of the prevailing zoning district.
(2) 
All storage areas shall have direct access to a driveway.
(3) 
Tractor-trailer trucks shall not be used for storage or sales of materials.
(4) 
Materials shall not be stored within the 1% annual chance floodplain (base flood or 100-year floodplain).
(5) 
A fence a minimum of six feet in height shall enclose outdoor storage of products or materials that could be hazardous to humans.
B. 
Shopping Cart Storage. If any use permits shopping carts to be taken from the confines of the store building, storage areas for such carts shall be provided at convenient locations in the parking area or against the building.
C. 
Trash Containers. All trash and rubbish shall be kept in covered containers and stored in a permanent enclosure which surrounds the containers, and is constructed of the following materials: brick, stone, wood, concrete-based stucco, vinyl designed to look like wood.
D. 
Fences. All fences shall be higher than the materials being screened, and have a minimum height of four feet. Although trees, shrubs and other landscaping are encouraged, they may not be used to substitute for fence.

§ 27-528.1

[Ord. 652, 12/5/2016]
1. 
Bed and breakfast inns are subject to the following regulations:
A. 
No cooking facilities shall be permitted in rooms for rent.
B. 
The maximum number of rooms for rent shall be six.
C. 
The bed and breakfast shall be owner or manager occupied.
D. 
At least one bathroom shall be provided for every three units, plus at least one bathroom for the resident owner or manager.
E. 
The use shall maintain an appearance and character consistent with a residence. The only exterior changes permitted to portions of residential buildings that are visible from a public street shall be for historic restoration, cosmetic improvements, and any necessary safety improvements or removal of architectural barriers.
F. 
Bed and breakfasts shall only be permitted within single-family detached dwellings that existed on the effective date of the ordinance codified in this Chapter.
G. 
One off-street parking space shall be provided for each room available for rent and each employee on the premises at any one time, in addition to those required for the dwelling unit.
H. 
All parking areas shall be set back a minimum of 15 feet from all property lines, and shall be screened from adjoining lots and streets.
I. 
Meals shall be offered only to registered overnight guests.
J. 
The applicant shall furnish proof to the Zoning Officer of any needed land development approvals.

§ 27-529 Conduct of Agricultural Activities.

[Ord. 652, 12/5/2016]
Agricultural activities permitted within the Township by this Chapter may be conducted even though those activities may create an annoyance or inconvenience to neighboring residential uses due to sights, sounds, smells or other conditions resulting from the agricultural activities. Such agricultural activities must be conducted in accordance with any and all regulations of the Township, this Chapter, and the State and are not in a manner that creates a definite danger to the health or safety of neighboring uses.

§ 27-530.1

[Ord. 652, 12/5/2016]
Accessory uses shall be restricted to those providing necessary amenities and equipment to members and guests to include the sale of goods, prepared foods and services and rental of facilities and equipment to members and guests; provided, that no sleeping accommodations are provided.

§ 27-530.2

[Ord. 652, 12/5/2016]
Playgrounds or similar noncommercial recreation areas owned and operated by a public or private nonprofit agency shall not be used for the operation of self-propelled recreational vehicles designed to carry human beings.

§ 27-531.1

[Ord. 652, 12/5/2016]
1. 
A structure or other installation for the purpose of servicing a public utility is subject to the following:
A. 
The public utility shall file a plan with the Township indicating the location of all existing and proposed buildings or facilities within the Township.
B. 
No such building or facility shall create a danger to the public safety of any resident of the Township.
C. 
A special exception must be received from the Zoning Hearing Board prior to the locating of any building or facility.
D. 
If adjoining land is zoned to permit residential uses, all public utility buildings or facilities, storage, or activities outside a building, including parking and loading, shall be screened from view from public streets and adjoining lots.
E. 
The proposed building or facility must provide a necessary function.
F. 
Support and maintenance structures not requiring human occupancy are permitted. Facilities or buildings shall be located no closer than 10 feet to any lot line or street right-of-way line. The Zoning Hearing Board may establish greater setbacks depending on the nature of the use and its location. All other uses shall comply with all applicable zoning district regulations unless the Zoning Hearing Board imposes greater standards.

§ 27-531.2 Pennsylvania Municipal Corporations or Pennsylvania Municipality Authorities Which Provide Public Utility Service, but Which Are Not Subject to Public Utility Commission Jurisdiction.

[Ord. 652, 12/5/2016]
1. 
The restrictions of this Chapter shall not apply to any municipal corporation organized and existing under any Pennsylvania municipal code or to any municipality authority of Annville Township organized or existing under the Pennsylvania Municipality Authorities Act of 1945, as amended, which owns or leases and uses or operates an existing or proposed building or facility within the Township; provided, that said corporation or authority petitions and receives approval from the Township Commissioners and sets forth:
A. 
The nature and details of the building or facility;
B. 
That the building or facility will be used exclusively in the operation of the public utility service provided by the petitioner; and
C. 
That the building or facility is reasonably necessary for the convenience or welfare of the public with respect to the service provided.

§ 27-532.1 Intent.

[Ord. 652, 12/5/2016]
The following regulations intend to conserve forested open space and its environmental, economic, recreation, wildlife and amenity values by promoting good forest stewardship; protect the rights of adjoining property owners; and minimize the potential for adverse environmental impacts.

§ 27-532.2 Applicability.

[Ord. 652, 12/5/2016]
Forestry activities, including timber harvesting, shall be a permitted use by right in all zoning districts. These regulations apply to all timber harvesting within the Township where the project area exceeds two acres for clear-cutting operations and five acres for selective cutting operations. These provisions do not apply to the cutting of trees for the personal use of the landowner or for pre-commercial timber stand improvement. These provisions apply to privately and publicly owned property. These provisions apply to any site where there will be clearing of trees for any purpose, if lumber will be removed from the site.

§ 27-532.3 Notification – Preparation of a Logging Plan.

[Ord. 652, 12/5/2016]
1. 
Notification of Commencement or Completion. For all timber harvesting operations with a project area exceeding two acres for clear-cutting operations and five acres for selective cutting operations, the landowner shall notify the Zoning Officer at least 10 business days before the operation commences and within five business days before the operation is complete. No timber harvesting shall occur until the notice has been provided. Notification shall be in writing and shall specify the land on which harvesting will occur, the expected size of the harvest area, and, as applicable, the anticipated starting or completion date of the operation.
2. 
Logging Plan. Every landowner on whose land timber harvesting is to occur shall have a written logging plan in the form specified by this Chapter. No timber harvesting shall occur until the plan has been prepared. The provisions of the plan shall be followed throughout the operation. The plan shall be available at the harvest site at all times during the operation and shall be provided to the Zoning Officer upon request. The plan shall incorporate best management practices (BMPs) for forestry found in the publications Best Management Practices for Pennsylvania Forests, Best Management Practices for Silvicultural Activities in Pennsylvania’s Forest Wetlands, and Controlling Erosion and Sedimentation from Timber Harvesting Operations.
3. 
Responsibility for Compliance. The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan.

§ 27-532.4 Contents of the Logging Plan.

[Ord. 652, 12/5/2016]
1. 
Minimum Requirements. As a minimum, the logging plan shall include the following:
A. 
Design, construction, maintenance, and retirement of the access system, including haul roads, skid roads, skid trails and landings;
B. 
Design, construction, and maintenance of water control measures and structures such as culverts, broad-based dips, filter strips, and water bars;
C. 
Design, construction, and maintenance of stream and wetland crossings;
D. 
The general location of the proposed operation in relation to municipal and state highways, including any accesses to those highways.
2. 
Map. Each logging plan shall include a sketch map or drawing containing the following information:
A. 
Site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within that property;
B. 
Significant topographic features related to potential environmental problems;
C. 
Location of all earth disturbance activities such as roads, landings, and water control measures and structures;
D. 
Location of all crossings of waters of the Commonwealth;
E. 
The general location of the proposed operation to municipal and state highways, including any accesses to those highways.
3. 
Compliance with State Law. The logging plan shall address and comply with the requirements of all applicable state regulations including, but not limited to, the following:
A. 
Erosion and sedimentation control regulations contained in 25 Pa. Code Chapter 102, promulgated pursuant to the Clean Streams Law (35 P.S. § 691.1 et seq.). An erosion and sedimentation plan shall be on-site and shall be approved by the Lebanon County Conservation District when required.
B. 
Stream crossing and wetlands protection regulations contained in 25 Pa. Code Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1 et seq.).
4. 
Relationships of State Laws, Regulations, and Permits to the Logging Plan. Any permits required by state laws and regulations shall be attached to and become part of the logging plan. An erosion and sedimentation pollution control plan that satisfies the requirements of 25 Pa. Code Chapter 102 shall also satisfy the requirements for the logging plan and associated map specified in subsections .A and .B of this Section; provided, that all information required by these subsections is included or attached.

§ 27-532.5 Forest Practices.

[Ord. 652, 12/5/2016]
1. 
The following requirements shall apply to all timber harvesting operations in the Township:
A. 
Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the Township or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of the thoroughfare.
B. 
No tops or slash shall be left within 25 feet of any public thoroughfare or private roadway providing access to adjoining residential property.
C. 
All tops and slash between 25 and 50 feet from a public roadway or private roadway providing access to adjoining residential property or within 50 feet of adjoining residential property shall be lopped to a maximum height of four feet above the ground.
D. 
No tops or slash shall be left on or across the boundary of any property adjoining the operation without the consent of the owner thereof.
E. 
Litter resulting from a timber harvesting operation shall be removed from the site before the operator vacates it.
F. 
Skid trail, skid road, haul road, and landing area design shall be consistent with Pennsylvania Department of Environmental Protection guidelines.
G. 
The Township Commissioners shall approve routes using Township roads. The Commissioners will also set the maximum gross weight permissible on Township roads.
H. 
Hours during which harvesting can occur are subject to Township Commissioners approval.
I. 
Landing/staging areas and haul/skid roads shall be restored and reseeded after the harvest is complete. Site access roads shall be closed to the general public.

§ 27-532.6 Responsibility for Road Maintenance and Repair – Road Bonding.

[Ord. 652, 12/5/2016]
Pursuant to Title 75 P.S Chapter 49; and 67 Pa. Code Chapter 189, the landowner and the operator shall be responsible for repairing any damage to Township roads caused by traffic associated with the timber harvesting operation to the extent the damage is in excess of that caused by normal traffic, and may be required to furnish a bond to guarantee the repair of such damages.
No mud or debris shall remain on public roads.

§ 27-532.7 Enforcement.

[Ord. 652, 12/5/2016]
1. 
The Zoning Officer or other party designated by the Township Commissioners shall be the enforcement officer for this Section.
2. 
Inspections. The Zoning Officer or other designated party may go upon the site of any timber harvesting operation before, during, or after active logging to (1) review the logging plan or any other required documents for compliance with this Section and (2) inspect the operation for compliance with the logging plan and other on-site requirements of these regulations.

§ 27-533.1 Intent.

[Ord. 652, 12/5/2016]
The alternative energy requirements recognize the need to conserve energy and natural resources, and to facilitate the use of renewable resources.

§ 27-533.2 Definitions.

[Ord. 652, 12/5/2016]
ACTIVE SOLAR ENERGY SYSTEM
A solar energy system that requires external mechanical power to move collected heat.
CHIMNEY
A flue that carries off exhaust from an outdoor wood furnace firebox or burn chamber.
ENERGY STORAGE FACILITY
Equipment consisting of containers, heat exchangers, piping, and other transfer mechanisms (including fluids, gases, or solids), controls, and related structural support for transporting and storing collected energy (from solar energy systems), including structural elements designed for use in passive solar energy systems.
EPA HH PHASE 2 PROGRAM
Epa HH (Hydronic Heater) Phase 2 Program administered by the United States Environmental Protection Agency and that has a particulate matter emission limit of 0.32 pounds per million British Thermal Units output and is labeled accordingly.
EXISTING OUTDOOR WOOD FURNACE
An outdoor wood furnace that was purchased and installed prior to the effective date of this local law.
NATURAL WOOD
Wood, which has not been painted, varnished or coated with a similar material, has not been pressure treated with preservatives and does not contain resins or glues as in plywood or other composite wood products.
NEW OUTDOOR WOOD FURNACE
An outdoor wood furnace that is first installed, established or constructed after the effective date of the ordinance codified in this Chapter.
OUTDOOR WOOD FURNACE
Any equipment, device, appliance or apparatus, or any part thereof, which is installed, affixed or situated outdoors and is primarily hand loaded for the purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space or water source. An outdoor wood furnace may also be referred to as an outdoor wood stove, outdoor wood boiler, outdoor wood-fired hydronic heater or hydronic heater.
OUTDOOR WOOD-PELLET FURNACE
An outdoor wood-pellet furnace that is specifically designed to burn wood-pellet fuel, or other biomass pellets with metered fuel and air feed and controlled combustion engineering, which burns only wood pellets, or other biomass pellets.
PASSIVE SOLAR ENERGY SYSTEM
A solar energy system that uses natural and architectural components to collect and store energy without using any external mechanical power.
SKYSPACE
The open space between a solar or wind collector and the sun or prevailing wind which must be free of obstructions that may shade or impede the collector to an extent that would reduce its cost-effective operation.
SOLAR COLLECTOR
A freestanding or fixed device, or combination of devices, structures, or part of a device or structure that transforms direct solar energy into thermal, chemical, or electrical energy that contributes significantly to a structure’s energy supply.
SOLAR ENERGY
Radiant energy (direct, diffused and reflected) received from the sun.
SOLAR ENERGY SYSTEM
A complete design or assembly consisting of a solar energy collector, an energy storage facility (where used), and components for the distribution of transformed energy.
WIND ENERGY CONVERSION SYSTEM
A device that converts wind energy to mechanical or electrical energy; commonly referred to as a windmill.
WIND ROTOR
The blades, plus hub to which the blades are attached, that are used to capture wind for the purpose of energy conversion. The wind rotor is used on a pole or tower along with other generating and electrical storage equipment and forms a wind energy conversion system.

§ 27-533.3 Solar, Wind and Alternate Energy Standards.

[Ord. 652, 12/5/2016]
1. 
The use of solar, wind and alternate energy systems is encouraged within these regulations and permitted within any zoning district. Although the installation of such systems is not mandatory, where they are used, the following shall apply:
A. 
Active and passive solar systems, wind energy systems and similar alternate energy systems, including customary energy storage accessories, shall be permitted for the production, collection, movement, distribution or storage of heated water, air or other medium which is intended for conveyance to a principal or accessory building. Systems may include the following, subject to the requirements contained herein:
(1) 
Solar panels with a combined glazing area of 65 square feet or less may be placed in any side or rear yard but shall not be closer than two feet from any property line.
(2) 
Solar panels with a combined glazing area in excess of 65 square feet; provided, that:
(a) 
Solar panels attached to a principal structure shall comply with the zoning setbacks prescribed for a principal structure in the applicable zoning district;
(b) 
Solar panels that are freestanding or attached to an accessory structure shall comply with the accessory structure requirements of this Chapter.
(3) 
Solar greenhouses attached to principal structures shall meet all yard requirements for a principal structure in the applicable zoning district.
(4) 
Solar greenhouses attached to accessory structures shall meet all yard requirements specified for accessory structures in this Chapter.
(5) 
Detached solar greenhouses shall meet all yard requirements specified for accessory structures in this Chapter.
(6) 
Wind energy conversion systems; provided, that:
(a) 
The structure supporting the wind rotor unit shall be located a minimum distance of the tower height (measured from the ground to the top of the rotor) plus 15 feet from any property line or road right-of-way. The height of such structures shall not exceed 75 feet.
(b) 
Towers may be ground- or roof-mounted and shall be securely fastened as per manufacturer’s specifications or a demonstrable equivalent to achieve maximum safety and prevent collapse or fall. Any propeller or turning device that reacts to wind velocity shall have a governor to control the speed of revolutions. Such governor may include a rudder that turns the propeller away from the wind, individually spring-mounted paddles that turn away from the wind, or other suitable manufacturer’s device. Towers shall be locked or secured to prevent unauthorized access, and in no case shall a permanently mounted ladder be affixed less than 10 feet from grade level.

§ 27-533.4 Outdoor Wood Furnaces.

[Ord. 652, 12/5/2016]
1. 
Outdoor wood furnaces are permitted by special exception only in the R1 and Light Industrial Districts and prohibited in all other districts.
2. 
No person shall operate or maintain an outdoor wood furnace other than in compliance with the applicable sections of this Chapter.
3. 
No person shall operate an existing outdoor wood furnace unless such operation conforms with the manufacturer’s instructions regarding such operation and the requirements of this Chapter regarding fuels that may be burned in an outdoor wood furnace.
4. 
All new outdoor wood furnaces shall be constructed, established, installed, operated and maintained in conformance with the manufacturer’s instructions and the requirements of this Chapter. In the event of a conflict, the requirements of this Chapter shall apply unless the manufacturer’s instructions are stricter, in which case the manufacturer’s instructions shall apply.
5. 
A new outdoor wood furnace that is EPA HH Phase 2 Program Qualified (0.32 lbs./MMBTU heat output) shall be allowed to be installed to replace a nonqualified outdoor wood furnace in the same location as long as the furnace is installed to meet the chimney height requirements in subsection .M of this Section and proper fuel use requirements in subsection .I of this Section are met by the owner.
6. 
The owner of any new outdoor wood furnace shall produce the manufacturer’s owner’s manual or installation instructions to the Zoning Officer to review prior to installation.
7. 
All new outdoor wood furnaces shall be laboratory tested and listed to appropriate safety standards such as UL, CAN/CSA, ANSI or other applicable safety standards.
8. 
If an existing outdoor wood furnace is, through the course of a proper investigation by local authorities, creating a verifiable nuisance, as defined by local or State law, one of the following steps shall be taken by the owner and the Zoning Officer:
A. 
Cease operating the unit until reasonable steps can be taken to ensure that the outdoor wood furnace will not be a nuisance.
B. 
Agree to make modifications to the unit within 30 days to eliminate the nuisance such as extending the chimney, or relocating the outdoor wood furnace.
9. 
Fuel burned in any new or existing outdoor wood furnace shall be only natural untreated wood, wood pellets, biomass pellets or other listed fuels specifically permitted by the manufacturer’s instructions such as fuel oil, natural gas or propane backup.
A. 
The following fuels are strictly prohibited in new and existing outdoor wood furnaces:
(1) 
Wood that has been painted, varnished or coated with similar material and/or has been pressure treated with preservatives and contains resins or glues as in plywood or other composite wood products.
(2) 
Rubbish or garbage, including but not limited to food wastes, food packaging, and food wraps.
(3) 
Any plastic materials including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.
(4) 
Rubber including tires or other synthetic rubber-like products.
(5) 
Newspaper, cardboard, or any paper with ink or dye products.
(6) 
Any other items not specifically allowed by the manufacturer or this provision.
10. 
Setbacks for any new outdoor wood furnace model not EPA Hydronic Heater Program Qualified:
A. 
The outdoor wood furnace shall be located at least 50 feet from the property line.
B. 
The outdoor wood furnace shall be located at least 100 feet from any residence that is not served by the outdoor wood furnace.
C. 
The outdoor wood furnace shall be located on the property in compliance with manufacturer’s recommendations and/or testing and listing requirements for clearance to combustible materials.
11. 
Chimney heights for any outdoor wood furnace model that is not EPA Hydronic Heater Program Qualified:
A. 
The chimney of any new outdoor wood furnace shall extend at least two feet above the peak of any residence not served by the outdoor wood furnace located within 300 feet of such outdoor wood furnace.
12. 
Setbacks for EPA HH Phase 2 Program qualified models (0.32 lbs./million BTU heat output):
A. 
The outdoor wood furnace shall be located on the property in compliance with manufacturer’s recommendations and/or testing and listing requirements for clearance to combustible materials.
13. 
Chimney heights for EPA HH Phase 2 Program qualified models:
A. 
If located within 300 feet to any residence not served by the furnace, the chimney must be at least two feet higher than the peak of the residence served.
B. 
If located within 100 feet to any residence not served by the furnace, the chimney must be at least two feet higher than the peak of the residence served or not served, whichever is higher.
14. 
Outdoor wood-pellet furnaces that are specifically designed to burn wood-pellet fuel, or other biomass pellets with metered fuel and air feed and controlled combustion engineering shall be installed per the manufacturer’s recommendations. Wood furnace or both.

§ 27-533.5 Protection and Maintenance.

[Ord. 652, 12/5/2016]
1. 
The improvements required and permitted within this Section shall be protected and maintained to assure the environmental benefits of nonpolluting, replenishable alternate energy. The following requirements shall apply:
A. 
Protection.
(1) 
Where a solar or wind energy system has been installed to serve an existing structure, it shall be the responsibility of the property owner to secure any easements or restrictive covenants necessary to protect the skyspace affecting the solar or wind energy system. Such an agreement shall be negotiated between owners of affected properties, but it is not a requirement for approval of a building and zoning permit for the solar or wind energy system.
(2) 
Maximum height requirements of this Chapter shall not apply to roofmounted solar collector systems.
B. 
Maintenance.
(1) 
Energy systems shall be maintained in a safe manner. Broken glass or other potentially hazardous conditions shall be promptly repaired.
(2) 
A disconnected or abandoned energy system shall be dismantled and removed from the property within 60 days of such abandonment.

§ 27-533.6 Plans and Permits.

[Ord. 652, 12/5/2016]
1. 
Plans depicting solar or wind energy installations or outdoor wood furnaces shall be submitted at the time of application for a building and zoning permit. Information may be included on the required plot plan specified in this Chapter or submitted on a separate plan. In addition to the information required elsewhere within this Chapter, plans shall include:
A. 
Exact size and location of proposed solar or wind energy conversion system, or outdoor wood furnace.
B. 
Any associated apparatus, structures, or architectural features necessary for the efficient operation of a solar or wind energy device, or outdoor wood furnace.
2. 
Building and Zoning Permits. A building and zoning permit shall be required for installation of, expansion or alteration to any of the energy systems described within this Section. Applicable procedures of this Chapter shall apply during the processing of such permit applications. Where desired, the Zoning Officer may refer plans to any other applicable agencies for review and comment prior to formal action on the permit application.

§ 27-534.1 Access Management Standards.

[Ord. 652, 12/5/2016]
1. 
Vehicular access to and from all buildings, structures and lots shall be governed by the following:
A. 
Every building lot shall have access to a public street or an approved private street, except as provided for in §27-505.
B. 
Proposed access points shall be separated according to the provisions set forth in this Chapter.
C. 
Where a lot or multiple lots are created with frontage on more than one road, access shall only be permitted to the road with the lower functional classification according to this Chapter, unless permission is given by the Township Commissioners to access the road of higher functional classification.
D. 
Unless the Township Commissioners give permission, direct driveway access to collector and arterial roads, as defined by this Chapter, shall be prohibited.
E. 
Unless the Township Commissioners give permission, all residential lots shall have access only to local roads.
F. 
Where a development proposal creates lots with frontage along existing collector or arterial roads, the proposed street pattern shall provide driveway, parking and loading access to a local road within the development, rather than access to the collector or arterial road.
G. 
Where a building, structure, or lot is created having frontage along an existing collector or arterial road, and access to another street is not possible, access may be provided from an adjacent use.
H. 
Where a building, structure or lot is created having frontage along an existing collector or arterial road, and no viable alternative for access is possible in the opinion of the Township Commissioners, access to the arterial or collector road may be permitted in conjunction with the following:
(1) 
The proposed use shall utilize existing access ways of adjacent properties through interconnection of interior drives, parking areas, or loading areas where possible.
(2) 
The design of parking and interior circulation of the proposed use shall be planned in such a manner as to connect interior access ways, parking areas and loading areas with future adjacent uses, structures, buildings or lots.
(3) 
Access points along collector or arterial roads, as designated in the Comprehensive Plan or this Chapter, shall comply with all Township and State regulations governing lot access, driveways and street intersections and shall be approved by the Township.

§ 27-534.2 Access Intersection Distance.

[Ord. 652, 12/5/2016]
1. 
All proposed access drives and driveways shall be set back a minimum distance from any intersection based on the highway classification as defined by the circulation plan in the Comprehensive Plan or this Chapter. The minimum setback distance from intersections shall be calculated as the distance from the nearest edge or projected edge of the pavement of the intersecting roadway to the nearest edge of the proposed access way according to the following, unless a setback is established in the Township Subdivision and Land Development Ordinance, or other Township ordinance, or elsewhere in this Chapter, in which case that standard shall apply.
2. 
All proposed access drives and driveways shall be set back a minimum of 40 feet from the intersection of two local roads.
A. 
From an intersection involving a collector road, proposed access drives and driveways shall be set back a minimum of 75 feet, except 40 feet in the TC District.
B. 
From an intersection involving an arterial road, proposed access drives and driveways shall be set back a minimum of 100 feet, except 40 feet in the TC District.

§ 27-534.3 Shared Access Provisions.

[Ord. 652, 12/5/2016]
1. 
Purpose.
A. 
Adjacent nonresidential uses shall share access points to better facilitate the flow of traffic by increasing access coordination along road frontages and minimizing confusion caused by an excessive number of access points, unless permission is granted by the Township to use individual access points.
2. 
Standards . The following standards shall be met to the satisfaction of the Township for all types of land uses:
A. 
Limit the number of access points along collector and arterial roads.
B. 
Use parallel access roads as entrances to uses and lots that abut collector and arterial roads.
C. 
Coordinate ingress and egress locations for adjacent uses, lots and structures along collector and arterial roads.
D. 
Connect interior access ways, parking areas or loading areas of uses with frontage along collector and arterial roads.
E. 
Coordinate similar traffic movements at access locations to increase safety and facilitate vehicle movement.

§ 27-534.4 Access Point Separation.

[Ord. 652, 12/5/2016]
1. 
A minimum distance shall be provided between all new access points on a property as determined by the highway classification identified in the Comprehensive Plan or this Chapter and in accordance with the following, unless a separation is established in the Township Subdivision and Land Development Ordinance or other Township ordinance, in which case that standard shall apply:
A. 
The minimum separation distance between access points on a local road shall be 75 feet.
B. 
The minimum separation distance between access points on a collector road shall be 100 feet.
C. 
The minimum separation distance between access points on an arterial road shall be 300 feet.
2. 
Where two or more adjacent buildings, structures, or lots are in such proximity that achieving the minimum separation is not possible for each individual use, access points shall be shared in compliance with the provisions of this Chapter.

§ 27-534.5 Responsibilities.

[Ord. 652, 12/5/2016]
1. 
The applicant shall be held responsible for the construction of any necessary traffic control devices, signs and roadway safety improvements, including acceleration and deceleration lanes where required by the Township or PennDOT.
2. 
Driveway design is subject to Township requirements established during subdivision and land development plan review procedures and after review of any required traffic impact studies.

§ 27-535.1 Intent.

[Ord. 652, 12/5/2016]
1. 
In recognition of the quasi-public nature of personal wireless service, the purpose of this section is:
A. 
To regulate the placement, construction and modification of communications and transmissions antennas and communications towers to protect the public safety and welfare;
B. 
To accommodate the need for communications antennas while regulating their location in the Township;
C. 
To minimize adverse visual effects of antennas and communications towers through proper design, siting, painting, and vegetative screening;
D. 
To encourage co-location of antennas and the use of existing structures to reduce the number of such structures needed in the future;
E. 
To avoid, through engineering and proper siting of communications towers, potential damage to adjacent properties from tower failure or falling ice or debris;
F. 
To minimize adverse effects to residential property values resulting from the location and design of personal wireless facilities;
G. 
To ensure that antennas and communications towers will be removed in the event that such structures are abandoned or become obsolete and are no longer necessary;
H. 
To promote co-location of emergency services antennas;
I. 
To insure that the location and number of personal wireless facilities protect the health, safety, and welfare of Township residents.

§ 27-535.2 Wireless Communications Antennas.

[Ord. 652, 12/5/2016]
1. 
Communications antennas shall, if feasible, be mounted on existing utility poles in the public right-of-way, but may be attached to buildings or other structures (e.g. a water tower or tall building), except residential dwellings, and shall be a permitted use in all districts, except in the Annville Township Historic District Overlay; provided, that the following requirements are met:
A. 
Communications antennas shall not exceed the height of the existing structure by more than 15 feet; omnidirectional communications antennas shall not exceed seven inches in diameter; directional or panel communications antennas shall not exceed five feet in height or width with a maximum surface area of 15 square feet.
B. 
Any applicant proposing a communications antenna to be mounted on a building or other structure shall submit to the Zoning Officer evidence of the following, satisfactory to the Township:
(1) 
A report from a Pennsylvania registered engineer certifying that the proposed use will not exceed the structural capacity of the pole, building or other structure, considering wind, ice and other loads associated with the use.
(2) 
Detailed construction and elevation drawings indicating how the antenna will be mounted on the pole or structure for review and for compliance with any applicable State, County or local building code or other law or ordinance.
(3) 
Agreements or easements showing access to the pole or structure on which the antenna is to be mounted in order that installation and maintenance of the communications antenna and any communications equipment building can be accomplished.
(4) 
Communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(5) 
Communications antennas shall not cause radio frequency interference with other communications facilities located in the Township of Annville nor shall they create crosstalk or otherwise interfere with other methods of telephone communication.
(6) 
The owner or operator of communications antennas shall be licensed by the Federal Communications Commission to operate such antennas.
(7) 
Communications antennas and supporting electrical and mechanical equipment must be a neutral color that is identical to or closely compatible with the color of the supporting structure so as to make the antennas and related equipment as visually unobtrusive as possible.

§ 27-535.3 Communications Towers and Equipment Buildings.

[Ord. 652, 12/5/2016]
1. 
Communications towers are permitted as a conditional use in the Institution (I) District and the Light Industrial (LI) District; provided, that the following requirements are met:
A. 
Procedure. The applicant and the Board of Commissioners shall follow the procedure set out in §27-810 to obtain a conditional use. The request for a conditional use shall be accompanied by documentation meeting each of the requirements of this Section as applicable. Prior to issuing a decision on the request for conditional use, the Board of Commissioners may engage the services of a consultant to review this information. The fees of the consultant shall be borne by the applicant. The Board of Commissioners may require the applicant to pay in advance a retainer to be used towards the fees incurred by the consultant, which retainer shall be provided by the applicant within 10 days of the request. The consultant may be required to perform inspections or testing, to determine the need for the facility, and whether the type of facility proposed is appropriate, and to provide comments on the documentation provided by the applicant.
B. 
License. The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a communications tower, if applicable, and communications antennas, and shall provide a copy of all applicable license approvals by the Federal Communications Commission, including any special conditions applicable to the license.
C. 
Setbacks. A communications equipment building shall be subject to the height and setback requirements of the applicable zoning district for an accessory structure.
D. 
As-Built Plans . Within 60 days of completion of the initial construction and any additional construction, the applicant shall furnish to the Township two complete sets of plans, drawn to scale, and certified to the Township as accurately depicting the wireless telecommunications facilities constructed pursuant to the conditional use approval.
E. 
Exposure Standards. The applicant shall demonstrate that the proposed communications tower, and communications antennas proposed to be mounted thereon, comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
F. 
Tower Location. Any applicant proposing construction of a new communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the communications antennas on an existing building structure or communications tower. A good faith effort shall require that all owners of potentially suitable structures within a one-quarter-mile radius of the proposed communications tower site be contacted and that one or more of the following reasons for not selecting such structures apply:
(1) 
The proposed antennas and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at a reasonable cost.
(2) 
The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at a reasonable cost.
(3) 
Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.
(4) 
Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(5) 
A commercially reasonable agreement could not be reached with the owners of such structure.
G. 
Access. Access to the communications tower and the communications equipment building shall be provided by means of a public street or easement to a public street, which 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.
H. 
Lot and Plan . A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot so long as the minimum lot size requirements for the zoning district are met; recording of a land development or subdivision plan shall not be required for a leased parcel upon which a communications tower is proposed to be constructed so long as the communications equipment building is unmanned.
I. 
Airports and Traffic . Communications towers shall comply with all applicable Federal, State and local aviation, airport and air traffic statutes, regulations and ordinances.
J. 
Height Regulations. Communications towers, including attached antennas, shall be kept to the minimum height necessary to perform their function, which may be adjusted to provide for co-location with other users, but in no event shall any communications tower exceed a maximum height of 150 feet; communications equipment buildings shall comply with all applicable requirements of the zoning district in which they are located.
K. 
Yard and Setback. Communications towers shall be located at a minimum of 500 feet from any existing residential structure or any other zoning district; communications towers shall be set back from all property lines or lease lines a distance of 110% of the height of the communications tower and communications antenna; communications equipment buildings shall comply with all yard requirements of the zoning district in which they are located.
L. 
Use of Stealth Technology. The applicant shall demonstrate that stealth technology has been used to the greatest extent possible in the design of the communications tower.
M. 
On-Site Parking. A minimum of one paved on-site parking space shall be provided on the lot or leased parcel on which the communications tower and/or communications equipment building is located for use by inspection or maintenance vehicles only.
N. 
Fencing and Landscaping . A fence shall be required to surround a communications tower and communications equipment building and other related equipment; a minimum of six feet in height and a maximum of eight feet in height, which shall not contain openings greater than nine square inches and shall contain, at all entrances, gates which shall be locked except during such times as the site is manned by authorized personnel; all guy wires associated with guyed communications towers shall be clearly marked so as to be visible at all times, and shall be located within the fenced enclosure; an evergreen screen shall be required to surround the fenced site, using evergreen trees of a minimum height of six feet at time of planting, tree planting not exceeding every eight feet.
O. 
Color. Communications towers and communications equipment buildings shall be painted in a color and/or composed of materials that best allows blending into the surrounding area, including the use of colors such as grays, blues and greens as appropriate.
P. 
Communications Equipment Buildings . Communications equipment buildings are accessory buildings and must conform to all requirements of the zoning district in which the communications equipment building is located.
Q. 
Signs and Lighting. A sign shall be mounted in a visible location upon the communications tower or communications equipment building identifying the name, address and emergency telephone number of the operator; no lights shall be mounted on a communications tower unless as required by a governmental agency with such jurisdiction; security lighting may be placed upon communications equipment buildings but must be downshielded and the light shall not shine or reflect on adjacent properties.
R. 
Safety. The applicant shall demonstrate that the proposed antenna and communications tower are safe and the surrounding area will not be negatively affected by support structure failure, falling ice or other debris; compliance with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation shall be met in compliance with guidelines recommended by the American National Standards Institute with respect to radio frequency emissions; communication towers shall be fitted with anti-climbing devices, as approved by the manufacturers; certification from a Pennsylvania registered professional engineer that a proposed communications tower will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association/Telecommunications Industry Association and the applicable requirements of any State, County and local building code.
S. 
Insurance. The applicant shall provide a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications tower, communications antenna, and communications equipment building which insurance shall be maintained and remain in effect during the entire time the tower, antenna and/or equipment building remains upon the lot or leased premises.
T. 
Waste. No waste, including hazardous waste, shall be placed or disposed of on the site of the communications tower and communications equipment building.
U. 
Noise Levels. Noise levels shall not exceed five dBA above the ambient levels on adjacent properties; operation of a backup power generator in the event of power failure, or the testing of a backup power generator between 9:00 a.m. and 6:00 p.m. are exempt from this limitation.
V. 
Visibility Impact Limitations . The applicant shall demonstrate that the communications tower, antenna and communications equipment building shall have no visual impact upon Annville’s Historic District or the Quittie Creek Nature Park.
W. 
Fully Automated Site. The applicant shall demonstrate that the site is fully automated.
X. 
Inspection. Beginning in December of the year that the construction of the communications tower is completed, and then in December of every other year thereafter, the owner of the communications tower shall have the communications tower inspected by an expert who is regularly involved in the maintenance, inspection and/or erection of communications towers. At a minimum, this inspection shall be conducted in accordance with the Tower Inspection Class Checklist provided in the Electronics Industries Association (EIA) Standard 222 Structural Standards for Steel Antenna Towers and Antenna Support Structures. A copy of said inspection report shall be provided to the Township. At the time said report is provided to the Township, the applicant shall pay a fee as the Board of Commissioners shall from time to time set forth in a resolution.
Y. 
Amateur Radio. This regulation shall not govern any tower, or the installation of any antenna that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator.
Z. 
Removal. A communications tower, communications antenna or communications equipment building that is no longer in use for its approved purpose shall be removed at the owner’s expense. The owner shall provide the Township with a copy of the notice to the FCC of intent to cease operations. If the tower, antenna or equipment building remains unused for a period of six consecutive months, the owner shall be given 90 days from the end of that six-consecutive-month period to remove the communications tower, antenna or equipment building. The owner shall post a bond in an amount satisfactory to the Township to be used by the Township for such removal in the event the applicant fails to remove the facilities within the 90 days. In the case of multiple operators sharing use, this provision shall not become effective until all users cease operations. The equipment on the ground is not to be removed until the tower portion of the communications facility has first been dismantled and removed. If the owner removes the tower and equipment in proper fashion, upon request, the Township shall return the bond.

§ 27-535.4 Satellite Dish Antennas.

[Ord. 652, 12/5/2016]
1. 
Roof, wall or window mounted dish antennas up to one meter (39.4 inches) in diameter are permitted by right as accessory uses within any district. No more than two such devices shall be permitted per dwelling unit. However, satellite dishes in the Historic District Overlay shall require review of their proposed location by the HARB and a certificate of appropriateness before installation; such antennas shall not be visible from Main Street. Residents must remove out-of-service or disconnected satellite dishes within 30 days following their disuse.
2. 
Within any district, ground-mounted satellite dish antennas in excess of one meter (39.4 inches) in diameter are permitted as conditional uses when approved by the Board of Commissioners. Such installations shall observe all setbacks applicable to the zone in which they are located and provide such screening as the Board may deem appropriate.

§ 27-536 Setbacks from Quittapahilla Creek.

[Ord. 652, 12/5/2016]
All buildings shall be set back no less than 75 feet from the top of the bank of the Quittapahilla Creek, unless a greater setback is required by other provisions of this Chapter or another local, State or Federal regulation, in which case such greater setback shall apply.

§ 27-537 Setbacks from Quittie Creek Nature Park.

[Ord. 652, 12/5/2016]
All buildings constructed outside the limits of Quittie Creek Nature Park shall be set back no less than 100 feet from the boundary of the Nature Park, unless a greater setback is required by other provisions of this Chapter or another local, State or Federal regulation, in which case such greater setback shall apply.

§ 27-538.1 Intent.

[Ord. 652, 12/5/2016]
The use of single- and multiple-family dwelling units, duplexes, guesthouses, caretaker units, apartments, and other structures normally occupied for residential purposes, for short-term rental, or other transient lodging purposes affords property owners a supplementary income and can increase and enhance public access to areas of the Township and other visitor destinations. Such use may also increase levels of commercial and residential vehicular traffic, demand for parking, light and glare, and noise detrimental to surrounding residential uses and the general welfare of the Township. Such use also requires collection of the Lebanon County transient occupancy tax. This Section allows the transient use of residential property in all districts under the following conditions.

§ 27-538.2 Permit.

[Ord. 652, 12/5/2016]
1. 
Property owners wishing to engage in transient use of their residential property for remuneration shall obtain an annually renewable permit from the Zoning Officer.
2. 
Use of the property for transient purposes shall be restricted to the permitted residence(s) on the property and may not extend to any accessory structure except insofar as the accessory structures may be used by the guests for appropriate accessory uses (e.g., a garage may be used for the storage of the tenant’s automobile).
3. 
The permit shall include a description of the facilities offered for transient rental.
4. 
The permit shall establish the maximum number of occupants (maximum of two times the number of bedrooms) in the rental facility.
5. 
Any zoning permit issued pursuant to this Section shall require, as a condition of approval, that an applicant who does not reside within a thirty-mile radius of the residence being rented designate a person located within a thirty-mile radius of the rental unit as a local contact person who will be available 24 hours a day to respond to tenant and neighborhood questions or concerns and to otherwise be responsible for assuring that the rental unit complies with the requirements of the permit issued and the provisions of this Section and other applicable provisions of this Chapter. The name, address, and telephone number(s) of such a designated person shall be furnished to the Zoning Officer prior to issuance of the permit and made available for public review. The permit holder shall promptly notify the Zoning Officer of any change in the local contact person’s address or telephone number.
6. 
The applicant shall provide written notice to the homeowners’ association if the subject property is within a subdivision governed by restrictive covenants which the homeowners’ association has the power to enforce and submit proof of such notice to the Zoning Officer. In the event that the homeowners’ association objects to the issuance of the permit, the permit shall not be approved until the homeowners’ association’s objection has been withdrawn or the right of the applicant to use the subject residential property for transient use has been validated, approved, or otherwise ordered by a court, arbitrator, or other appropriate entity with the authority to review, approve, validate, or otherwise act on the proposed use of the action of the homeowners’ association. If the homeowners’ association fails to notify the Zoning Officer, in writing, of any objection(s) within 30 days of the association’s receipt of the applicant’s notice, the Zoning Officer may assume there are no objections and issue the permit.
7. 
A copy of any permit issued pursuant to this Section shall be furnished by the Zoning Officer to the Township office and to the Treasurer of Lebanon County.
8. 
Any permit issued is nontransferable.

§ 27-538.3 Regulations.

[Ord. 652, 12/5/2016]
1. 
The permit holder or registrant shall collect and remit to the Treasurer of the County of Lebanon the transient occupancy tax for each rental unit pursuant to law.
2. 
The use of a residential unit for a transient use shall not violate any applicable conditions, covenants, or other restrictions on real property.
3. 
No sign, display or device identifying the homeshare may be used.
4. 
Homeshares must have a working smoke alarm in each guest bedroom and a fire extinguisher visible and accessible to guests.
5. 
The structure shall remain a residential structure, and the exterior appearance of the structure shall not be altered.
6. 
A fire escape plan shall be developed and graphically displayed in each guest room.
7. 
Existing homeshares shall apply for a license within 90 days of the effective date of the ordinance codified in this Chapter.