Vehicular access. Every building hereafter erected or moved shall be on a lot adjacent to a public street or with vehicular access to an improved private street, and all structures shall be so located on lots as to provide safe and convenient vehicular access for servicing, fire protection and required off-street parking.

Storage. All storage, except for firewood or materials primarily for agricultural use, shall be completely screened from view from any public street right-of-way and any residential use which abuts the lot. All garbage shall be contained in airtight, vermin-proof containers which shall also be screened from view from any public street right-of-way or abutting residential use.

Lots shall be screened in accordance with § 98-51 of the Brecknock Township Subdivision and Land Development Ordinance.[1]

Landscaping. Any part or portion of a nonagricultural use site which is not used for buildings or other structures or off-street parking or loading facilities shall be planted with an all-season ground cover approved by the Zoning Officer. It shall be maintained to provide an attractive appearance, and all nonsurviving ground cover shall be replaced promptly.

Lighting. All on-site lighting shall comply with the requirements of § 98-52 of the Brecknock Township Subdivision and Land Development Ordinance.[2]

Only those areas necessary for the construction of structures for which a zoning permit has been issued should be cleared of existing woodland.

If no subdivision or land development plan is required to be approved by the Board of Supervisors, a plan showing all proposed development, construction and/or alteration of land shall be required to be submitted by the landowner to the Zoning Officer prior to the issuance of a zoning permit.

Stormwater management plans and data designed in accordance with Chapter 93, Stormwater Management, shall be required for any increase in impervious cover or other change in cover conditions that results in an increase in runoff in the post-development condition from the predevelopment condition.

All agricultural uses shall comply with the following general requirements:

Notwithstanding anything contained in this chapter to the contrary, all manure and agricultural facilities and buildings, including poultry-houses and livestock facilities, shall be managed in a manner so as to prevent pollution and in accordance with all existing and future environmental statutes and regulations, including the Pennsylvania Clean Streams Law.[1] Failure to follow the manure management practices described in Manure Management for Environmental Protection, published by DER in October 1986, together with any technical supplements to said publication or with the provisions of any permit issued by DER, shall be considered a violation of this chapter.

Intensive agricultural operations shall comply with the following requirements:

Manufactured homes shall either be located in a manufactured home park or be considered as a dwelling as regulated by this chapter.

All dwellings shall comply with the following requirements:

In the event a dwelling was formerly a manufactured home, the entire running gear and any towing apparatus shall be removed.

No more than six dwelling units may be attached together in a townhouse dwelling. The entirety of a townhouse dwelling must be located on one lot, and individual dwelling units within a townhouse dwelling may not be located on separate lots. Multiple townhouse dwellings may be located on the same lot when in accordance with the dimensional requirements applicable to the relevant zoning district.

No more than 12 dwelling units may be located in an apartment dwelling. The entirety of an apartment dwelling must be located on one lot, and individual dwelling units within an apartment dwelling may not be located on separate lots. Multiple apartment dwellings may be located on the same lot when in accordance with the dimensional requirements applicable to the relevant zoning district.

An adequate supply of water, in accordance with § 110-72, for each dwelling unit shall be demonstrated if the number of dwelling units proposed in the development is equal to or greater than 10 or if the density exceeds one dwelling unit per acre.

Background. The Township recognizes the need to establish regulations pertaining to home-based occupations as a result of the increased need for the diversity of income for farmers to help offset the rising cost of living. Such regulations must be developed in a manner which protects adjacent agricultural uses from adverse effects. Since home-based occupations in sparsely populated areas do not typically represent a significant threat to adjacent property owners, the Township has created regulations for family farm support businesses in order to promote and preserve family farms within the Township.

Purpose. It is the intent of this section to establish regulations which permit family farm support businesses to supplement farm incomes in a manner which will not adversely affect the agricultural use of the land and to ensure the compatibility of such uses with farming and other uses permitted within the same zoning district.

Conditions. All properties containing a family farm support business shall comply with the following:

Application and permitting procedure. Family farm support businesses shall be subject to the following application and approval process:

Annual survey and inspection of family farm support businesses. Once each year the Township shall forward a survey to each person who has been granted Zoning Hearing Board approval to operate a family farm support business or who commenced the operation of a family farm support business before approval of the Zoning Hearing Board was required. Such survey shall request information to determine continued compliance with the requirements of this section and any conditions imposed upon the granting of the special exception by the Zoning Hearing Board, including but not limited to the number of employees, area devoted to the family farm support business and hours of operation. The Zoning Officer shall, on an annual basis, visit and inspect each property upon which a family farm support business is operated in order to determine the accuracy of statements made on the annual survey. The making of false statements on the annual survey and the failure to cooperate with the annual inspection shall each be a violation of this Zoning Chapter. Failure to return the annual survey shall be considered evidence that the use has been discontinued.

Administrative fee. The Township may from time to time establish by resolution various fees (including annual fees) for the administration of the application, survey, and inspection provisions set forth in this section. All such fees shall be based upon the Township's actual cost of administering this section and shall be set forth on a fee schedule made available to the general public.

Background. The Township recognizes the need to establish regulations pertaining to home-based occupations as a result of the increased need for the diversity of income to help offset the rising cost of living. Home occupations will particularly benefit individuals with physical disabilities as well as those having to care for children or the elderly within their home. The Township also recognizes the potential benefits to the local community which could be realized by those seeking services or goods supplied through home occupations.

Purpose. It is the intent of this section to establish regulations which will permit home occupations in a manner which will preserve the peace, quiet and tranquility of residential neighborhoods and to ensure the compatibility of such uses with other uses permitted within the same zoning district.

Conditions. All dwellings containing a home occupation shall comply with the following:

Application procedure. Home occupations shall be subject to the following application and approval process:

Annual survey and inspection of home occupations. Once each year the Township shall forward a survey to each person who has been granted Zoning Hearing Board approval to operate a home occupation or who commenced the operation of a home occupation before approval of the Zoning Hearing Board was required. Such survey shall request information to determine continued compliance with the requirements of this section and any conditions imposed upon the granting of the special exception by the Zoning Hearing Board, including but not limited to the number of employees, area devoted to the home occupation and hours of operation. The Zoning Officer shall, on an annual basis, visit and inspect each property upon which a home occupation is operated in order to determine the accuracy of statements made on the annual survey. The making of false statements on the annual survey and the failure to cooperate with the annual inspection shall each be a violation of this Zoning Chapter. Failure to return the annual survey shall be considered evidence that the use has been discontinued.

Exceptions to the application, survey, and inspection procedure. The application, survey, and inspection procedure contained in Subsections D and E shall not be required for home occupations which comply with all of the conditions of Subsection C, as well as the following.

Administrative fee. The Township may from time to time establish by resolution various fees (including annual fees) for the administration of the application, survey, and inspection provisions set forth in this section. All such fees shall be based upon the Township's actual cost of administering this section and shall be set forth on a fee schedule made available to the general public.

The minimum size of a manufactured home park shall be 10 acres.

Public water shall be supplied to all dwellings within a manufactured home park. Such system shall be installed according to the requirements of the DER.

Manufactured home parks shall be served by a public sewer system. If the public sewer system is privately owned, the owner of the manufactured home park shall prepare an evaluation of the various sewage disposal alternatives which addresses the following:

The density of a manufactured home park shall not exceed five units per acre.

With the exception of corner lots, manufactured home lots shall contain a front yard, two side yards and a rear yard which shall comply with the following requirements. The minimum lot area and required front yard shall be measured from the edge of pavement of the interior roads within the manufactured home park.

All accessory buildings shall not be located closer than 10 feet to any adjacent manufactured home lot. Likewise, all patios, porches and decks shall not be located within any required front, side or rear yard.

All manufactured home parks shall be screened from view of all adjacent properties from ground level to a minimum height of six feet. Such screening may consist of an earthen berm and/or evergreen plantings with trees having a minimum size of six feet in height at the time of planting. Such screening shall be provided within a perimeter landscape buffer which is a minimum width of 50 feet.

At least 25% of the gross acreage of the mobile home park shall be devoted to active and/or passive recreational areas. Responsibility for the maintenance of the recreational areas shall be with the landowner and/or the operator. Should the landowner and/or operator neglect to maintain the designated recreational areas, the Township may then maintain said areas and assess the landowner for any costs incurred.

Each manufactured home shall be placed on a frost-free concrete pad which is equal to or greater than the dimensions of the manufactured home or piles constructed of concrete or masonry which shall extend to the frost line of the locality. Each parking space for manufactured homes shall be provided with devices for anchoring the unit to prevent overturning or uplifting as outlined in the BOCA Building Code.[2] Skirting is also required between the manufactured home and the pad and shall be comprised of the same color and like material as the manufactured home.

Interior manufactured home park roads shall provide access to all manufactured homes. Such roads shall be paved with an all-weather dust-free surface at least 20 feet wide for two-way roads, and 12 feet wide for one-way roads. If on-street parking is provided, such minimum widths shall be increased by 10 feet for each lane of parking.

The owner of the manufactured home park shall make certain that zoning and building permits are obtained prior to the construction or installation of all structures on the premises.

A traffic impact study shall be performed subject to the requirements of § 110-81.

The minimum site shall be not less than 50 acres.

A minimum of 20% of the gross area of the campground shall be devoted to active and passive recreational facilities. Responsibility for maintenance of the recreation area shall be with the landowner.

A landscape screen shall be provided between the campground and any abutting property unless natural or physical man-made barriers exist.

Any swimming pools, recreation centers, clubhouses, rest rooms or other similar areas of high use or noise potential shall be located not less than 200 feet from all property lines.

Every campground shall have an office in which shall be located the office of the person responsible for the operation of the campground.

All drinking water used in the operation of a campground shall be provided from a supply approved by the DER.

All sewage disposal systems serving a campground shall be approved by the DER.

Rest rooms with toilet and water facilities shall be provided on the premises of each campground for the use of the employees and occupants of the campground. These facilities shall be approved by the DER.

Solid waste disposal and vector control shall be the responsibility of the campground landowner and shall be performed in accordance with the requirements of the DER.

All lighting shall be arranged and shielded so that no glare or direct illumination shall be cast upon adjacent properties or public streets.

Roads within the campground shall have a minimum width of 12 feet for one-way streets and 20 feet for two-way streets. Vehicular access to campsites shall be provided only by way of the road network within the campgrounds.

A traffic impact study is required subject to the requirements of § 110-81.

The expansion of an existing campground shall require a special exception based on the provisions of this section.

Camping sites shall be located a minimum of 100 feet from any public street right-of-way and 50 feet from any side or rear property line.

The applicant shall provide a plan of the proposed campground or expansion thereto, at a scale of one inch equals 100 feet or of greater detail, which demonstrates full compliance with this Zoning Chapter and any other applicable municipal regulations. Such plan shall show the location of all existing and proposed structures, roads and camping sites.

The owner of the campground shall make certain that zoning and building permits are obtained prior to the construction or installation of all structures on the premises. This provision includes structures proposed on camping sites other than tents or campers.

No use shall emit any odor perceptible at the lot boundaries.

No glare shall be allowed which is perceptible at the lot boundaries.

Noise emanating from a use shall not exceed the level of ordinary conversation at the lot boundaries. Short, intermittent noise peaks may be permitted if they do not exceed normal traffic noise peaks at any point on the lot boundaries.

Establishments furnishing carts or mobile baskets shall provide definite areas on the site for the storage of the carts which shall be clearly marked and designated for storage.

No use shall emit obnoxious, toxic or corrosive fumes or gases.

No use shall emit odors which are perceptible at the lot lines.

No use shall emit smoke from the primary activities of plant operations.

No use shall discharge into the air dust or other particulate matter.

No use shall produce any heat or glare perceptible at or beyond the lot boundaries.

No use shall utilize lighting in a manner which produces glare perceptible at or beyond the lot boundaries.

No use shall permit physical vibrations perceptible at or beyond the lot boundaries.

No use shall produce electromagnetic radiation or injurious radioactive emissions.

No use shall engage in the reproduction or storage of any material designed for use as an explosive.

No use shall engage in the storage of objectionable waste material on the lot for any period beyond 30 days.

No use shall discharge any untreated or potentially dangerous effluent from plant operations.

No use shall cause the sound level beyond its property lines to exceed the following sound-pressure levels as measured in decibels on an A-weighted scale (SPL-dBA), with the exception of noises produced by automobiles, trucks, airplanes, railroads, safety signals, warning devices and emergency pressure relief valves:

All principal and accessory uses shall comply with all existing, applicable state and federal laws, rules and regulations dealing with noise, environmental health and pollution standards.

No use shall emit fumes or gases that constitute a health hazard as defined by the United States Environmental Protection Agency or other appropriate regulatory agency.

No use shall produce heat or offensive glare perceptible at or beyond the property line.

No use shall utilize lighting in any manner which produces glare onto public streets or other tracts of land.

No use shall produce any physical vibrations perceptible at or beyond the property line in excess of the following maximum levels:

The production or storage of any material designed for use as an explosive in a manner which has the potential to endanger surrounding properties is prohibited.

No use shall discharge any untreated or improperly treated effluent or leachate which constitutes a health risk or a risk of pollution of ground- or surface waters by virtue of its composition and/or concentration.

No use shall discharge effluent which will raise the temperature of any stream or creek more than five degrees Fahrenheit above normal at a point 10 feet downstream of the discharge.

No use shall cause the sound level beyond its property lines to exceed the following sound-pressure levels as measured in decibels on an A-weighted scale (SPL-dBA), with the exception of noises produced by automobiles, trucks, airplanes, railroads, safety signals, warning devices and emergency pressure relief valves:

No use shall unduly disturb bodies of water, watercourses or wetlands or jeopardize the water supply of adjacent landowners.

The following minimum setbacks shall be maintained between all property lines and road rights of way:

The minimum lot size for quarries and solid waste disposal sites shall be 50 acres.

The minimum lot size for junk yards shall be five acres.

All such uses shall be screened from view of all adjacent properties from ground level to a minimum height of six feet. Such screening may consist of an earthen berm and/or evergreen plantings with trees having a minimum size of six feet in height at the time of planting. Such screening shall be provided within a perimeter landscape buffer which has a minimum width of 50 feet.

Fencing and gates shall be erected around all quarry pits and solid waste disposal sites. Such fencing and gates shall not be located closer than 25 feet to any adjacent property, shall contain barbed wire on the top of the fencing and gates and shall have a minimum height of six feet, not including the barbed wire.

Sufficient stacking lanes into the facility shall be provided to avoid the obstruction of vehicles on public roads.

All driveways onto the site of a quarry or solid waste disposal operation shall be paved for a distance of at least 200 feet from the street right-of-way. In addition, a fifty-foot-long gravel section of driveway shall be placed just beyond the preceding two-hundred-foot section of driveway to assist with the removal of mud from the wheels of vehicles.

Litter control shall be exercised to prevent the scattering of wind-borne debris.

Any waste that cannot be used in any disposal process or material that is to be recycled shall be stored in a leak- and vectorproof manner.

The operator of any disposal site, quarry, natural extraction operation or junkyard shall permit the Township to monitor all emissions, effluent discharges, odors and noise on site, at all stages of operation, on a twenty-four-hour basis.

The operator of the facility shall comply with all applicable regulations of DER, the Environmental Protection Agency and any other applicable agency and with all federal, state, county and Township laws in the operation of the use.

The operator of the facility shall limit access to the site to those posted times when an attendant is on duty.

The operator of the facility shall maintain and make available to the public at its offices all permits and approved plans required by all governmental regulatory agencies having jurisdiction over the permitting, operation, maintenance and/or reclamation of such a facility.

Any certificate of use and occupancy for such a facility shall initially be temporarily issued and shall be conditioned upon the applicant's operating in compliance with the foregoing standards. The site shall be inspected by the Township Engineer or another agent of the Township after such time as is set forth in the decision of the Zoning Hearing Board which authorized the special exception to permit the use, or not later than one year after issuance of the temporary use and occupancy permit if no time is so fixed. The purpose of the inspection shall be to ensure compliance with these standards and other applicable standards. If the site is in compliance, a permanent use and occupancy permit shall be issued. If the site is not in compliance, the temporary use and occupancy permit shall be revoked, and all operations shall cease until compliance is attained.

A traffic impact study is required subject to the requirements of § 110-81.

The impact of quarries, natural resource recovery operations and solid waste disposal facilities on road conditions shall be evaluated, and the owner of such facilities shall enter into a contract with the Township, which sets forth the responsibilities of the owner, including road maintenance which is needed as a result of the operation, necessary improvements prior to the conduct of the operation and a commitment to restore or reconstruct the roads to current conditions when the use is discontinued. Such evaluation shall address the following criteria as well as the standards established in the Pennsylvania Code Title 67, Chapter 201, Subchapter G:

Stormwater shall be drained in a manner which does not result in chemical residues or other pollutants being discharged from the site in levels which are in excess of the regulations of DER, the Environmental Protection Agency and any other applicable county, state or federal agency.

The location of any structure, building or other installation for the purpose of servicing any public utility shall be subject to the following requirements:

This chapter shall not apply to any existing or proposed building or extension thereof, used or to be used by a public utility corporation, if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.

Background. The Township recognizes the need to establish regulations pertaining to home-based occupations as a result of the increased need for the diversity of income to help offset the rising cost of living. Such regulations must be developed in a manner which protects adjacent uses from adverse effects. Since home-based occupations in sparsely populated areas do not typically represent a significant threat to adjacent property owners, the Township has created regulations for cottage industries.

Purpose. It is the intent of this section to establish regulations which permit cottage industries in a manner which will not adversely affect the rural atmosphere and to ensure the compatibility of such uses with other uses permitted within the same zoning district. It is also the Township's intent to direct cottage industries to nonresidential zoning districts.

Conditions. All properties containing a cottage industry shall comply with the following:

Application procedure. Cottage industries shall be subject to the following application and approval process:

Annual survey and inspection of cottage industries. Once each year the Township shall forward a survey to each person who has been granted Zoning Hearing Board approval to operate a cottage industry or who commenced operation of a cottage industry before approval of the Zoning Hearing Board was required. Such survey shall request information to determine continued compliance with the requirements of this section and any conditions imposed upon the granting of the special exception by the Zoning Hearing Board, including but not limited to the number of employees, area devoted to the cottage industry and hours of operation. The Zoning Officer shall, on an annual basis, visit and inspect each property upon which a cottage industry is operated in order to determine the accuracy of statements made on the annual survey. The making of false statements on the annual survey and the failure to cooperate with the annual inspection shall each be a violation of this Zoning Chapter. Failure to return the annual survey shall be considered evidence that the use has been discontinued.

Administrative fee. The Township may from time to time establish by resolution various fees (including annual fees) for the administration of the application, survey, and inspection provisions set forth in this section. All such fees shall be based upon the Township's actual cost of administering this section and shall be set forth on a fee schedule made available to the general public.

Purpose. Recognizing the growing need for child day-care facilities, it is the intent of the Township to encourage the establishment of such facilities in a manner which will preserve the character of residential neighborhoods while meeting the operational and physical standards of the Pennsylvania Department of Public Welfare (DPW). Home child-care facilities are not subject to the requirements for home occupations (§ 110-41).

Application of regulations. The provisions of this section shall apply to child care facilities providing service for part of a twenty-four-hour day for children under 16 years of age by persons giving care (excluding care provided by relatives). Child-care facilities shall include family day-care homes, group day-care homes and day-care centers, all of which are subject to Chapter II, Sections 8A, 8B and 8C of the DPW Social Services Manual Regulations. This section does not apply to baby-sitting (as defined by this chapter) or child day-care service furnished in places of worship during religious services.

General provisions. The following general provisions apply to all child day-care facilities:

Family day-care homes. In addition to the provisions of Subsection C, family day-care homes shall comply with the following:

Group day-care homes. In addition to the provisions of Subsection C, group day-care homes shall comply with the following:

Day-care centers. In addition to the provisions of Subsection C, day-care centers shall comply with the following:

Application procedure. Child-care facilities shall be subject to the following application and approval process:

Annual survey and inspection of child-care facilities. Once each year the Township shall forward a survey to each person who has been granted Zoning Hearing Board approval to operate a child-care facility or who commenced operation of a child-care facility before approval of the Zoning Hearing Board was required. Such survey shall request information to determine continued compliance with the requirements of this section and any conditions imposed upon the granting of the special exception by the Zoning Hearing Board, including but not limited to the number of employees, area devoted to the child-care facility and hours of operation. The making of false statements on the annual survey shall be a violation of this Zoning Chapter. The Zoning Officer shall visit and inspect, on an annual basis, each property upon which a child day-care facility is operated in order to determine the accuracy of statements made on the annual survey. The making of false statements on the annual survey and the failure to cooperate with the annual inspection shall each be a violation of this Zoning Chapter. Failure to return the annual survey shall be considered evidence that the use has been discontinued.

Administrative fee. The Township may from time to time establish by resolution various fees (including annual fees) for the administration of the application, survey, and inspection provisions set forth in this section. All such fees shall be based upon the Township's actual cost of administering this section and shall be set forth on a fee schedule made available to the general public.

Conditions. Yard sales shall comply with the following:

Conditions. Flea markets shall comply with the following:

Application procedure. Flea markets shall be subject to the following application and approval process:

Annual survey of flea markets. Once each year the Township shall forward a survey to each person who has been granted Zoning Hearing Board approval to operate a flea market or who commenced the operation of a flea market before approval of the Zoning Hearing Board was required. Such survey shall request information to determine continued compliance with the requirements of this section and any conditions imposed upon the granting of the special exception by the Zoning Hearing Board, including but not limited to the number of employees, area devoted to the flea market and hours of operation. The Zoning Officer shall visit and inspect, on an annual basis, each property upon which a flea market facility is operated in order to determine the accuracy of statements made on the annual survey. The making of false statements on the annual survey and the failure to cooperate with the annual inspection shall each be a violation of this Zoning Chapter. Failure to return the annual survey shall be considered evidence that the use has been discontinued.

Administrative fee. The Township may from time to time establish by resolution various fees (including annual fees) for the administration of the application, survey, and inspection provisions set forth in this section. All such fees shall be based upon the Township's actual cost of administering this section and shall be set forth on a fee schedule made available to the general public.

The minimum lot area shall be two acres, except for volunteer ambulance companies that conduct no social functions and/or fundraisers on site, in which case the minimum lot size shall be 1/2 acre.

Required parking shall be as follows:

Adequate off-street parking shall be provided based on the combination of all elements comprising the facility or club (subject to Article VIII).

All outdoor recreation areas and facilities shall be set back at least 50 feet from all road rights-of-way, 100 feet from any property zoned RM, RL or NC and 25 feet from all other properties.

All lighting of outdoor recreation areas and parking areas shall be arranged to prevent glare on adjoining properties.

Applicants proposing uses which involve outdoor archery or shooting ranges shall provide the Zoning Hearing Board with a detailed plan which adequately addresses methods which will be utilized to minimize the adverse effects of noise perceptible beyond the property and which maximizes the public safety of all nearby residents. Outdoor archery and shooting ranges are permitted only in the FR District.

Screening shall be provided along that portion of the property which is adjacent to a property zoned RM, RL or NC (subject to § 110-36C).

A minimum lot area of 10 acres is required.

Any structure used for the boarding of horses shall be set back at least 100 feet from any property line.

All stables shall be maintained to minimize odors perceptible at the property line.

All outdoor training, show, riding or boarding areas shall be enclosed by a minimum four-foot-high fence, which is to be located at least 25 feet from all property lines and public roads.

There shall be no minimum setback for fencing for pasture areas.

All parking compounds and unimproved overflow parking areas shall be set back at least 10 feet from adjoining lot lines. Unimproved overflow parking areas shall also provide a fence delineating such occasional parking facilities and preventing the parking and/or movement of vehicles across neighboring properties.

If the proposed use represents an intensive agricultural operation, the criteria established in § 110-38 shall apply.

Minimum lot areas.

No building shall be closer than 100 feet to any lot line.

Adequate off-street parking shall be provided (subject to Article VIII).

The course shall not be designed to require a golf ball to be driven across any building, road or parking lot.

All lighting facilities for night play shall be designed and located so as to not produce a glare or direct illumination onto abutting properties.

There shall be a minimum setback of 100 feet from the field of play to any adjacent residential structure.

Any points where the golf course crosses a road shall be signed warning motorists and pedestrians.

No outdoor storage or maintenance equipment or golf carts shall be permitted.

No modifications to the external appearance of the building (except fire escapes) which would alter its residential character shall be permitted.

All floors above grade shall have a fire escape which provides a direct means of escape to the ground level.

One off-street parking space per rental unit shall be provided as required in Article VIII.

All parking areas shall not be located in the front yard.

An approved means of sewage disposal and water supply shall be provided. Bed-and-breakfast facilities utilizing or proposing to utilize an on-lot sewage disposal system shall obtain a written statement from the Township Sewage Enforcement Officer certifying that the system is properly designed to accommodate the use and that there are no apparent signs of system failure.

Meals shall be served only to overnight guests.

All kennels and all animal boardinghouses, whether new or existing, shall require a building/zoning permit. The application shall contain a description of the proposed use and occupancy of all buildings, including the maximum number and type of animal to be housed or bred by the kennel. The application shall be accompanied by sketch plans, showing the actual dimensions and shape of the lot, the size and location and dimensions of the proposed use or building, distance from existing lot lines and existing residences on adjacent properties, and street right-of-way lines, parking areas and other pertinent information.

All kennels and animal boarding buildings that are not fully enclosed in a building and any outdoor animal pens, stalls or runways shall be located within the rear yard.

All kennels and animal boarding buildings shall be a minimum of 100 feet from all property lines, and 200 feet from all residences other than the residence on the kennel property, and shall be a minimum of 1,000 feet from all residential zoned districts.

All outdoor pasture/recreation areas shall be enclosed to prevent the escape of the animals; all such enclosures shall be set back a minimum of 100 feet from all property lines, and 200 feet from all residences other than the residence on the kennel property, and shall be a minimum of 1,000 feet from the Residential Low (RL), Residential Medium (RM), and Neighborhood Commercial (NC) zoning districts.

All portions of kennels and animal boarding buildings within 300 feet of any residence other than the residence on the kennel property, and all outdoor recreation areas, including any outdoor animal pens, stalls or runways, shall be buffered from adjoining properties by a fence and planted screen to reduce noise and decrease visibility.

Plant materials used in screen planting shall be at least six feet in height when planted, and be of suitable vegetation in order to produce, within three years, a complete year-round visual screen of at least eight feet in height. Fence shall be six feet in height and materials shall be of suitable masonry, wood, or composite materials to block the total view from all on the outside. A screen planting and fence plan shall accompany permit application and shall be approved by the Zoning Officer. Fence shall be installed and plant materials shall be planted prior to issuance of occupancy permit.

Dogs shall be restricted from using kennel areas not fully enclosed in a building from 8:00 p.m. to 8:00 a.m.

Adequate off-street parking shall be provided (subject to Article VIII).

The Pennsylvania Department of Agriculture is responsible for inspecting kennels and licensing of kennels and the health and welfare of the animals.

Any proposed kennel use which would otherwise be permitted by right in a zoning district, but that is unable to satisfy the conditions set forth herein, shall be deemed a conditional use and shall only be approved following a hearing before the Board of Supervisors, which shall have the right to permit the use or deny the use in accordance with the standards governing conditional use applications. The burden of proof shall be upon the applicant to demonstrate that, despite not meeting the criteria herein, the proposed use would not be detrimental to the public health, safety and welfare of the neighborhood.

If the accessory dwelling unit shall be a manufactured home, the minimum lot size shall be two acres.

If the accessory dwelling unit is an apartment unit within the structure housing the principal dwelling unit on the lot, the accessory dwelling unit may be located in a single-family detached dwelling or a single-family semidetached dwelling. Accessory dwelling units shall not be permitted when an apartment dwelling unit is the principal dwelling unit.

A residential accessory structure may be converted to an accessory dwelling unit.

An accessory dwelling unit shall utilize the same sewage disposal and water supply systems as the principal dwelling unit. For on-lot sewage disposal systems, the adequacy of the system shall be approved by the Township Sewage Enforcement Officer prior to occupancy of the accessory dwelling unit. For public sewer connections, the Sewer Authority shall approve the final design prior to occupancy of the accessory dwelling unit.

A minimum of one off-street parking space shall be provided for the accessory dwelling unit in addition to the off-street parking spaces required for the principal dwelling unit.

An accessory dwelling unit which is a manufactured home shall be installed and located only in the side or rear yards and shall adhere to all side and rear yard setback requirements for principal uses.

If the accessory dwelling unit is a manufactured home, the manufactured home shall be removed from the property within 12 months after it is no longer occupied by a person who qualifies for its use.

Upon proper installation of an accessory dwelling unit, the Zoning Officer shall issue a certificate of use and occupancy. Once each year, the Township shall forward a survey to each property owner with an accessory dwelling unit approved by the Zoning Hearing Board or who has commenced the operation of an accessory dwelling unit before approval of the Zoning Hearing Board was required. Such survey shall request information to determine continued compliance with the requirements of this section and any conditions imposed upon the granting of a special exception by the Zoning Hearing Board. The Zoning Officer shall, on an annual basis, visit and inspect each property upon which an accessory dwelling unit is operated in order to determine the accuracy of the statements made on the annual survey. The making of false statements on the annual survey and the failure to cooperate with the annual inspection shall each be a violation of this Zoning Chapter. Failure to return the annual survey shall be considered evidence that the use has been discontinued. The Township may from time to time establish by resolution various fees (including annual fees) for the administration of the application, survey and inspection provisions set forth in this section. All such fees shall be based upon the Township's actual cost of administering this section and shall be set forth on a fee schedule made available to the general public.

The landowner shall present evidence of recording of a document, in a form acceptable to the Township Solicitor, which sets forth that the occupancy of the accessory dwelling unit is limited as set forth in this section.

Any accessory dwelling unit permitted on a property may be used by and resided in only by the owner of the property or person(s) related to such owner, including only the following: grandfather/grandmother, mother/father, brother/sister, daughter/son, granddaughter/grandson, and/or the spouse of one of the foregoing individuals.

In all zoning districts, animals which are maintained as accessory to a residential use shall be maintained only on a noncommercial basis.

Any shelter and/or exercise pen which is constructed for the use of the animals shall be located in the rear yard at least 10 feet from any lot line and at least 30 feet from the nearest dwelling other than the dwelling of the owner of the animal. Any means of confinement of such animal, including but not limited to chains and tethers, shall be so located so that the animal cannot run closer than 10 feet to any property line or closer than 50 feet to the nearest dwelling other than the dwelling of the owner.

Any shelter and/or exercise pen shall be screened from adjoining properties by the installation of fencing or a landscape screen.

In any zoning district, except AG, AG-2 or FR, unless regulated by other provisions of this chapter, it is permitted to maintain up to two saddle horses, provided that no building, corral or stable is located less than 50 feet from any lot line or less than 200 feet from the nearest existing dwelling other than the dwelling of the owner. A minimum lot size of one acre if one horse is maintained and two acres if two horses are maintained shall be provided.

No manure storage facility or area shall be established closer than 100 feet to any property line.

The owner of any animal shall exercise suitable control over the animal and shall not allow a nuisance condition to be created in terms of excessive noise, dirt or odor.

The structure shall not be located within the front yard setback.

The structure shall have a side yard of not less than 20 feet and a rear yard of not less than 20 feet.

Adequate provision shall be made for the proper disposal of manure generated on the property.

If requested by the Township, the applicant shall record a deed restriction indicating that the facility is for use only for horses when such animals are the primary means of transportation for the residents of the dwelling.

All accessory uses within the retirement community shall be limited to facilities serving employees, residents and guests of residents. Accessory uses may include offices, maintenance facilities, recreational facilities, libraries, chapels, health-care facilities, gift shops, banks, snack bars, village stores, pharmacies, barber/beauty shops and other personal services.

The density of a retirement community shall not exceed six units per acre. For the purpose of this section, one unit shall be equivalent to:

The maximum lot coverage shall be 50%.

Retirement communities shall comply with the following dimensional requirements:

An evergreen screening, with trees having a minimum size of six feet in height at the time of planting, shall be provided along all adjacent property lines (excluding property lines along public roads). In addition, storage areas for trash and recyclable materials shall be screened from view of adjacent properties.

The maximum height of buildings shall be 35 feet.

Lighting facilities shall not produce direct glare on adjacent properties.

Identification signs, not to exceed 25 square feet, shall be permitted, provided that no more than one such sign is located at each public street access to the retirement community. Such signs shall be located a minimum of 10 feet from the cartway or outside the right-of-way and 50 feet from all side yard property lines. Signs may be illuminated with indirect focused lighting only.

The following minimum parking standards shall apply to retirement communities:

The applicant proposing a retirement community shall obtain documentation from appropriate providers of ambulance and fire services indicating the ability to provide service to the site.

Interior drives, alleys or streets shall be designed to prevent the blockage of vehicles entering or leaving the site. The minimum cartway width shall be 12 feet for one-way streets and 20 feet for two-way streets. In addition, all retirement communities shall have two means of access for emergency vehicles.

Pedestrian walkways shall be accessible from the entrance of each residential structure.

The applicant shall demonstrate that the proposed use will be provided with a public water supply and means of sewage disposal.

A traffic impact study, subject to the requirements of § 110-81, is required for all retirement communities which exceed 50 units as defined in Subsection B.

General requirements for all tower-based wireless communications facilities. The following regulations shall apply to all tower-based wireless communications facilities:

Nontower wireless communications facilities.

Small wireless facilities.

One dwelling is permitted to be located on each farm as living quarters for farm workers and their families. The farm worker must be employed full time by the owner of the farm, and the worker may occupy the dwelling for as long as he is employed by the owner of the farm.

All dwellings shall be set back a distance that is at least equal to the front yard setback of the existing farm dwelling and be no further than 300 feet from said dwelling, provided that the dwelling is no closer than 100 feet to adjoining property lines.

The applicant shall provide evidence that the proposed method of sewage disposal and water supply complies with Department of Environmental Resources requirements.

Two off-street parking spaces shall be required for the proposed dwelling unit.

If the proposed dwelling is a manufactured home, it shall be placed on the lot in accordance with the foundation and anchoring requirements of § 110-42 of this Zoning Chapter.

The proposed dwelling unit shall be provided with properly designed utility connections.

The applicant shall furnish proof of the recording of either a land development plan or an agreement with the Lancaster County Planning Commission for the proposed dwelling unit as long as the Brecknock Township Subdivision and Land Development Ordinance is in effect in the Township.

The dwelling shall be occupied at least 30 days a year by at least one person who is employed on the farm where the dwelling is located. If this condition is not satisfied, then the manufactured home shall be removed within 90 days.

Upon the proper installation of the dwelling, the Zoning Officer shall issue a zoning and use permit. This permit shall be reviewed during the month of January of each year until such time that the dwelling is to be removed. A fee, in an amount established by the Board of Supervisors,[1] shall be paid by the landowner each renewal of the temporary zoning and use permit.

Parking shall be provided in accordance with § 110-80 of this chapter.

All off-street parking lots shall be set back at least 25 feet from adjoining properties and shall be screened from adjoining properties in residential use.

All buildings shall be set back at least 50 feet from all rights-of-way and at least 100 feet from adjoining properties.

If education is offered below the college level, an outdoor play area shall be provided at a rate of 100 square feet per individual enrolled. Enrollment shall be defined as the largest number of students on the site at any one time during the school year. Off-street parking lots shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and must be set back a minimum of 25 feet from adjacent properties. Vegetative materials located in the play areas shall not be of a harmful type. All outdoor play areas must provide a means of shade such as shade trees or pavilions.

The Zoning Hearing Board may require the fencing of outdoor play areas based on site conditions.

Passenger dropoff and pickup areas shall be provided and arranged so that students do not have to cross traffic lanes on or adjacent to the site.

The sale of nonplant items, excluding peat moss and mulch, shall be incidental to the business. The display area for such items shall not exceed 15% of the total gross display and sales area on the subject property or 1,500 square feet, whichever is greater.

The display and sale of motorized nursery, garden or lawn equipment shall not be permitted. The repair of such equipment is prohibited unless such equipment is owned by the property owner.

All outdoor display areas shall be set back a minimum of 25 feet from adjacent properties and road rights-of-way.

Parking areas shall be set back a minimum of 25 feet from property lines and road rights-of-way, and screening shall be provided between any adjoining property in residential use.

All buildings/structures shall have a side yard width of not less than 25 feet.

Conditions. All properties containing an agricultural support retail business shall comply with the following requirements:

Application procedure. Agricultural support retail businesses shall be subject to the following application and approval process:

Annual survey and inspection of agricultural support retail businesses. Once each year the Township shall forward a survey form to each individual who has been granted a conditional use approval by the Board of Supervisors to operate an agricultural support retail business or who commenced operation of an agricultural support retail business before approval by the Board of Supervisors was required. Such survey shall request information to determine continued compliance with the requirements of this section and any conditions imposed upon the granting of the conditional use by the Board of Supervisors, including but not limited to the number of employees, area of the building used for the agricultural support retail business, and hours of operation. The Zoning Officer shall, on an annual basis, visit and inspect each property upon which an agricultural support retail business is operated in order to determine the accuracy of the statements made on the annual survey. The making of false statements on the annual survey and the failure to cooperate with the annual inspection shall each be a violation of this Zoning Chapter. The owner is responsible for notifying the Township in writing if the agricultural support retail business has been discontinued.

Administrative fee. The Township may from time to time establish by resolution various fees (including annual fees) for the administration of the application, survey and inspection provisions set forth in this section. All such fees shall be based upon the Township's actual cost of administering this section and shall be set forth on a fee schedule made available to the general public.

All service and/or repair activities shall be conducted within a single, wholly enclosed building.

All petroleum-dispensing equipment shall be located outside all buildings, on private property and not less than 20 feet from all property lines.

No outdoor storage of equipment, lubricants, fuel or other materials used for repair shall be permitted.

All materials discarded as part of the service operation shall be contained within wholly enclosed dumpster equipment or within a solid fenced enclosure.

All exterior vehicle storage areas shall be screened from adjoining residentially used and residentially zoned property.

All petroleum storage facilities must comply with all state and federal regulations.

All ventilation equipment associated with fuel storage tanks shall be at least 100 feet and oriented away from any adjoining residential property or residentially zoned property.

All vehicles shall be repaired and removed from the premises as promptly as possible, but in no case shall a vehicle stay longer than six months.

The demolition or storage of junked vehicles is prohibited.

All washing facilities shall conform to DER wastewater requirements.

Litter control shall be exercised to prevent the scattering of wind-borne debris.

All recycling collection operations shall be contained entirely within a wholly enclosed building; however, the collection of paper, plastics, glass and metal products may be conducted in outdoor containers, provided that the following requirements are satisfied:

The operator of the facility shall limit access to the site to those posted times when an attendant is on duty.

Materials used or generated by the operation shall be stored in a leak- and vectorproof manner.

Sufficient stacking lanes into the facility shall be provided to avoid the obstruction of vehicles on public roads.

No use shall emit fumes or gases that constitute a health hazard as defined by the United States Environmental Protection Agency or other appropriate regulatory agency.

The applicant shall explain the scope of the operation and any measures used to mitigate problems associated with noise, fumes, dust and litter.

No use shall utilize lighting in any manner which produces glare onto public streets or other tracts of land.

Water supply needs references.

Hydrogeologic report requirements.

Aquifer study standards and procedures.

If a common water supply is proposed, the developer shall ensure adequate long-term operation, maintenance and ownership of the common water supply through the establishment of a homeowners' association or other legal agreement. Such organizations and legal agreements shall be acceptable to the Township Solicitor.

The lot or property line of such business shall not be located within 200 feet of any residence, residential use or residential zoning district.

The lot or property line of such business shall not be located within 500 feet of the lot or property line of any religious structure, school day-care facility or public library.

The lot or property line of such business shall not be located within 500 feet of the lot or property line of another adult-oriented business.

There shall be no display of adult-oriented materials that can be seen from the exterior of the building.

No building, premises, structure or other facility that contains any adult-oriented business or activity shall contain any other kind of adult-oriented business or activity.

No unlawful sexual activity or conduct shall be performed or permitted.

Clear-cutting of all vegetation shall not exceed areas of more than five acres or more than 20% of the forest, whichever is less, except where pursuant to a state forestry cutting program or where Class I, II, III or IV agricultural soils are to be converted to agricultural uses.

A reforestation program shall be submitted, which shall show a program for the reestablishment of the forest on a sustained-yield basis, except where clearing is for agricultural use as in Subsection A above.

For commercial uses, a long-range cutting program shall ensure that the forest is retained as an entity during the entire program. Such a program shall indicate the condition of the forest on a map showing:

For clearing purposes, the proposed future use must be stated if any is identified.

All plans shall show how the general habitat and visual block of the forest is to be maintained so that the forest retains its visual and habitat qualities at all stages of the long-range cutting plan.

All uses regulated by the terms of this section shall also be in compliance with any applicable standards in:

Churches and related uses.

Cemetery.

Flag lot standards.

Requirements for the flag portion of the lot.

Requirements for the flag pole.

Joint-use driveway.

A medical marijuana dispensary must be legally registered in the commonwealth and possess a current valid medical marijuana permit from the Pennsylvania Department of Health.

A medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed, permanent, and secure building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

A medical marijuana dispensary may not operate on the same site as a facility used for growing and processing medical marijuana.

Medical marijuana dispensaries shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing medical marijuana.

Permitted hours of operation of a dispensary shall be 8:00 a.m. to 8:00 p.m. (of the same calendar day).

A medical marijuana dispensary shall be used for secure storage of product and shall have an interior customer waiting area equal to a minimum of 25% of gross floor area.

A medical marijuana dispensary shall:

A medical marijuana dispensary may dispense only medical marijuana to certified patients and caregivers and shall comply with all lawful, applicable health regulations.

The lot or property line of such business shall not be located within 1,000 feet of the lot line of any residence, residential use or residential zoning district.

The lot or property line of such business shall not be located within 1,000 feet of the lot or property line of any religious structure, school, day-care facility, public or commercial recreation facility, or public library.

Any medical marijuana facility lawfully operating shall not be rendered in violation of these provisions by the subsequent location of any uses referenced in § 110-74.3I and J.

All loading and off-loading areas shall be within secure environments.

Parking requirements shall be as according to § 110-80B as listed for medical office.

All external lighting shall comply with Township Code of Ordinances § 98-52.

A medical marijuana grower/processor may only grow medical marijuana in an indoor, enclosed and secure building which includes electronic locking system, electronic surveillance, and other features required by the Department of Health. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreation vehicle or other motor vehicle.

The floor area of a medical marijuana grower/processor shall include sufficient space for production, secure storage of marijuana seeds, related finished product cultivation, and marijuana-related material used in production and cultivation or for required laboratory testing.

There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from any facility where medical marijuana growing, processing or testing occurs.

Marijuana remnants and by-products shall be secured and properly disposed of in accordance with Department of Health policy and shall not be placed within any unsecure exterior refuse containers.

The grower/processor shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is prohibited at medical marijuana grower/processor facilities.

The lot or property line of such business shall not be located within 1,000 feet of the lot line of any residence, residential use, or residential zoning district.

The lot or property line of such business shall not be located within 1,000 feet of the lot or property line of any religious structure, school, day-care facility, public or commercial recreation facility, or public library.

Any medical marijuana grower/processor lawfully operating shall not be rendered in violation of these provisions by the subsequent location of any uses referenced in § 110-74.4F and G.

All loading and off-loading areas shall be within secure environments.

Parking requirements shall be as according to § 110-80B as listed for medical office.

All external lighting shall comply with Township Code of Ordinances § 98-52.

General requirements. Solar farms are subject to the following conditions:

Plan requirements. A land development plan shall be required to be submitted and reviewed by the Township in accordance with the Township Subdivision and Land Development Ordinance.[1] In addition to the requirements of the Subdivision and Land Development Ordinance, the land development application shall include the following:

Discontinued use/decommissioning.

A single-family detached dwelling shall require a zoning permit for use as a short-term rental, in districts where such use is permitted.

The zoning permit shall be good for a period of one year from the date of issuance and shall be renewed annually. An application for the renewal of a license must be made by the property owner to the Zoning Officer 30 days prior to the date of the expiration of the license, and must include the applicable license fee as set forth in the fee resolution of the Township.

All short-term rental uses shall be conducted in single-family detached dwellings legally existing as of the effective date of this section.

A short-term rental unit may be rented only to a person 25 years of age or older and must be one of the occupants staying on the property.

The applicant shall provide the Zoning Officer with a plan of the structure proposed to contain the short-term rental unit and identifying the rooms on each floor of the structure.

The property owner shall be the primary enforcer to assure that the occupants of the short-term rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of Township ordinances or any state law pertaining to noise or disorderly conduct by notifying the occupants of the rules regarding short-term rental units and responding when notified that occupants are violating laws regarding their occupancy.

Owner must provide renter with a plan for controlling noise and smoke.

Owner must provide notification to renter that trash and refuse shall not be left or stored on the exterior of the structure except in secure, watertight metal or plastic cans designed for such storage.

Owner must provide name and address and phone number of the current, and any future owner to the Township.

Owner must maintain a local contact person who lives within a one hour drive to property and must provide contact information to renter and the Township.

Owner must provide contact information for management/rental company updated as necessary. This includes a twenty-four-hour telephone number and email address and provide information to renter and Township.

Parking is not permitted in any public road right-of-way.

Owner must provide renter with the 911 address of the property.

All floors above grade shall have a fire escape which provides a direct means of escape to the ground level.

In the absence of public sewer facilities, the Zoning Officer may require the applicant to provide written notice from the Township Sewage Enforcement Officer that the existing sanitary sewage facilities are adequate to treat the anticipated sewage.

ATVs are not permitted on the property.

The applicant shall provide the Zoning Officer with confirmation that the applicant has taken all action required to register with the Lancaster County Treasurer to enable the applicant to pay the hotel and/or room taxes imposed by Lancaster County. The Zoning Officer shall not issue a certificate of occupancy for the short-term rental unit until the applicant presents such confirmation of registration.

Any additions, structural changes or renovations will require compliance with UCC regulations.

Signs shall comply with § 110-84B.

The Zoning Office shall enforce these provisions. A first violation or complaint will result in a notice from the Zoning Officer. Further violations and/or complaints may result in the revocation of the zoning permit if the applicant cannot meet any of the standards of this section.