1.   General Requirements. Minimum lot or parcel sizes, minimum side, front and rear building setback distances or yards, maximum heights of buildings or structures, and maximum percentage of lot or parcel coverage requirements for permitted uses within the various districts shall be as listed in Schedule 27-2 of this Chapter and as supplemented by requirements for specific permitted uses below.

   2.   Supplemental Requirements for Specific Permitted Uses. The following lot, yard, building height, lot coverage and other requirements for certain permitted uses having unique or differing characteristics shall be met where required greater than the minimum general district requirements listed in Schedule 27-2.

   A.   Dwelling in Conjunction with a Nonresidential Use.

   (1)   One dwelling unit may be permitted in conjunction with a permitted, approved nonresidential use in the C District.

   (2)   If the dwelling unit is located within the same structure or building as the nonresidential use, 20,000 square feet of lot area shall be provided for use by the occupants of the dwelling unit in addition to the lot area required by this Chapter for the nonresidential use. Separate entrances and exits shall be provided. All applicable codes regarding fire, safety and housing shall be met.

   (3)   If the dwelling unit is located within a structure or building separate from the nonresidential use, sufficient lot area required for a single family dwelling in that district shall be provided in addition to the lot area required for the nonresidential uses. All district requirements for yards, setbacks and building height and density shall also be met.

   B.   Religious Quarters. Parsonages or other religious quarters housing a single family or housing no more than four unrelated persons shall meet the requirements of Schedule 27-2 for a single family dwelling of the district within which it is located. Religious quarters housing five or more unrelated persons shall meet the requirements of a multi-family housing structure with each two persons beyond the first four persons being considered equivalent to an additional housing unit.

   C.   Personal Care Home and Long-Term Care Nursing Facility. The minimum size parcel requirement for development of these land uses shall be 2 acres or 4,000 square feet for each resident or resident accommodation within the establishment, whichever is greater. Minimum lot width shall be 200 feet. Minimum front and rear yard setbacks shall be 60 feet. Minimum side yard setbacks shall be 30 feet. Maximum building height shall be 35 feet. Maximum percent lot coverage shall be 30 percent. The applicant shall provide the Township with copies of all required State and Federal construction and operation licenses and permits for their review. Where on-lot sewage disposal is proposed, a suitable secondary or replacement area shall be located and tested as a requirement for a zoning permit. Adequate provisions shall be made for access by emergency, medical and fire vehicles. Twenty-four hour supervision shall be provided by staff qualified by the regulating State or Federal agency. Adequate outdoor recreation opportunities shall be provided on the premises for the residents consistent with their needs and the area shall be secured by a fence with a security gate. Certification or licensing of the structure and site and the operation required by applicable State or Federal regulations shall be required for issuance of a Township occupancy permit. Copies of any required annual report or inspection and any continuing certification or licensing shall be submitted to the Township annually. [Ord. 2-2003]

   D.   Town House. Garden apartment, multi-family structures, multi-family housing structures are permitted uses within the C District as set forth in Schedule 27-1 provided that the lot or parcel has adequate soils and space for water supply systems and sewage disposal systems, including space for a secondary or alternate site for subsurface disposal where such subsurface disposal systems are proposed The minimum total parcel size required for a multi-family housing development shall be 5 acres. The requirements for multi-family housing developments within the Clifton Township Subdivision and Land Development Ordinance [Chapter 22] shall be met. It shall be required that 2,500 square feet of usable open space, of less than 15 percent slope and free of health or safety hazards be provided for each housing unit. There shall be a maximum of 12 dwelling units per building for multi-family structures. The minimum floor area per dwelling unit shall comply with §27- 711.

   E.   Commercial Boarding Houses. Commercial rooming and/or boarding houses may be permitted in the C Zoning District provided that a minimum lot or parcel size of 2 acres or 6,000 square feet of lot area per person residing in the facility, which ever is greater, is provided. The structure and operation of the rooming and/or boarding house shall meet all applicable State and Federal regulations. Copies of all required permits and licenses shall be provided to the Township, Minimum lot width shall be 200 feet. Minimum front and rear yard setback shall be 60 feet, and minimum side yard setbacks shall be 30 feet. Maximum percent lot coverage shall be 30 percent. Maximum building height shall be 35 feet. [Ord. 2-2003]

   F.   Tourist Courts and Motels. Minimum lot size required for these uses within districts where they are permitted uses shall be 2,000 square feet of lot area for each single room with bath but without kitchen facilities accommodations and 5,000 square feet of lot area for each apartment or unit with kitchen facilities. Where on-lot subsurface sewage disposal systems are proposed for these uses, the lot shall contain suitable area for an alternate or second subsurface disposal system. A minimum total parcel size of 10 acres is required for development of a tourist court motel. Minimum lot width, yards, building heights and percent of lot coverage as set forth in Schedule 27-2 for a 10-acre parcel shall apply to these uses.

   G.   Bus or Taxi Terminal or Station. Bus or taxi terminals are permitted in the C District provided that all lot requirements set forth in Schedule 27-2 for retail trade uses in those districts are met. All required passenger parking, unloading and loading areas for passengers and materials for passenger transportation terminals shall be provided within the parcel of land on which the terminal is located and off of public or private street rights-of-way.

   H.   Auto Service Station or Gas Station. Automobiles taken to a service station for outside storage shall remain no longer than 30 days from the day the auto arrives at the station unless otherwise extended by the Zoning Officer. Minimum lot area, width, yards, and the maximum building heights and percent of lot coverage as set forth in Schedule 27-2 for retail trade uses in the C District shall apply to this use.

   I.   Hospitals and Medical Clinics. Lot sizes shall be adequate to provide sufficient space for all buildings and required support facilities, parking and sewer and water systems. Minimum lot size for hospitals and clinics shall be 5 acres. Lot width, yards and building height and lot coverage requirements for these uses shall be the same as those for similar size minimum lots in the respective districts. [Ord. 2-2003]

   J.   Auto Repair, Body Shop, Car Wash. These uses may be permitted in the C District provided that all lot requirements for other service uses in these districts are met.

   (1)   All repair and paint work shall be performed within an enclosed building. All materials and parts shall be stored within an enclosed building.

   (2)   All provisions shall be made to prevent or minimize noise, odor, vibration, light, or electrical interference to adjacent properties.

   (3)   Outdoor storage of autos and other vehicles shall only be to the rear of the front building line and shall be no closer than 20 feet from side and rear lot lines.

   (4)   Access points shall be limited to two on each street abutting the lot.

   (5)   Automobiles or other vehicles may remain in outside storage at an auto repair or auto body shop no longer than 30 days unless otherwise extended by the Zoning Officer.

   K.   Agricultural Crop Production. Production of normal agricultural field crops, orchards and vineyards, ornamental plant nurseries, tree farms, gardens and greenhouses are permitted uses in all rural districts without issuance of a zoning permit. Minimum lot size, width and yard requirements and maximum permitted building height and percent lot coverage apply only to construction of buildings including greenhouses attendant or accessory to crop production.

   L.   Animal Husbandry, Dairy and Other Livestock Production. The keeping of a reasonable number of customary household pets is permitted in all districts without issuance of a zoning permit. Commercial breeding and commercial use of household pets and the keeping for commercial breeding, raising, or use of larger animals such as cattle, horses, goats, pigs, sheep, fowl, etc., shall be included within the definition of “animal husbandry, dairy and other livestock production.” The exhibition or exposure of animals to the general public or other use of animals by the general public as a commercial activity shall be defined as an entertainment or recreational land use and not as animal husbandry. The minimum size lot or parcel for these uses in all districts where listed in Schedule 27-1 as permitted uses shall be 5 acres. Not more than 10 horses, cows or other larger animals may be maintained on the minimum lot size of 5 acres and an additional ½ acre over the minimum shall be required for each animal. The minimum front, side and rear yard setback distances shall be 100 feet for any stables, barns or other animal housing structures and for the indoor or outside storage of by products or waste. The maximum permitted building heights and percent of lot coverage as set forth in Schedule for each district shall apply to this land use.

   M.   Commercial Fishery Activities. Commercial fishery activities, including fee fishing, is a permitted use in OS, R-1 and C Districts. The construction of new ponds or lakes is a conditional use. Retail sales of items necessary to or customarily utilized in fee fishing activity by fee fishing clients only on a seasonal basis is permitted as an accessory use similar to drive-in stands for sale of home grown produce. [Ord. 2-2010]

   N.   Playgrounds and Athletic Areas and Picnic Areas. Playgrounds and athletic areas and picnic areas developed as a commercial enterprise shall be permitted uses only within those districts as set forth in Schedule 27-1 and Schedule 27-2. Playgrounds and athletic areas proposed as accessory uses for private and exclusive use of individual residential lot owners, exclusive use of residential development residents, or exclusive use of owners and employees of businesses are permitted within any rural district and are subject only to such requirements pertaining to specific facilities as may be set forth in Part 7 of this Chapter.

   O.   Mobile Home Dwellings on Single Family Residential Lots.

   (1)   Mobile homes used as single family dwellings are permitted on single family residential lots in the RI, C and I Districts. Mobile homes and the single family residential lots must meet all requirements of Schedule 27-2 for this use and §27-711.

   (2)   Mobile homes shall be placed upon a permanent foundation or masonry piers with footers installed below the first line or at least 48 inches below ground elevation and securely anchored to the foundation or piers.

   (3)   Mobile homes shall be enclosed from the floor level to the ground with fire resistant materials.

   P.   Groups and Organized Camps. Group and organized camps are permitted in the R-1 and C Districts. A minimum parcel of 20 acres is required. Minimum front yard setback shall be 60 feet. Other minimum yards shall be 50 feet. Maximum building height shall be 35 feet and maximum lot coverage shall be 20 percent. All Federal and State regulations pertaining to such activities shall be met. Copies of all required licenses and permits shall be provided to the Township. When subsurface sewage disposal is proposed, a secondary suitable area for subsurface sewage disposal shall be designated and preserved available for such use.

   Q.   Bed and Breakfast Homes.

   (1)   The dwelling shall contain a minimum floor area of 3,000 square feet of floor space.

   (2)   There shall be a 1 acre minimum lot size.

   (3)   No more than one half of the available bedrooms in the home, with a maximum of three bedrooms shall be utilized for lodging rentals, and not more than two adults shall be permitted to stay in each room.

   (4)   The bed and breakfast home use shall be clearly incidental and secondary to the principal use of the building as an owner-occupied primary dwelling.

   (5)   In addition to the parking requirements in Part 8 of this Chapter for the principal use, off-street parking shall be provided on the subject property for a number of parking spaces equal to the number of rooms designated for rental use within the bed and breakfast home.

   (6)   Off-street parking shall be separated from adjoining properties by live evergreen screening where deemed necessary and approved by the Planning Commission.

   (7)   No sign or other designation of the bed and breakfast home shall be established except as may be otherwise allowed under this Chapter.

   (8)   All refuse receptacles shall be completely screened from view.

   (9)   Guests shall be permitted occupancy for not more than 18 consecutive nights.

   (10)   Food service shall be limited to breakfast served only to guests lodging at the facility.

   (11)   Rooms used for overnight accommodations shall be part of the primary residential structure and shall not have been specifically constructed for rental purposes.

   (12)   No exterior alterations, other than those necessary to ensure the safety of the structure or its occupants, shall be made to any building for the purpose of providing a bed and breakfast.

   (1)   Tourist homes and bed and breakfast inns shall include a maximum often 10 rooms or rental units for the rooming or boarding of casual and transient guests for a maximum length stay of 20 consecutive days on the same parcel of land.

   (2)   Minimum total parcel size shall be 2 acres. Where on-lot subsurface sewage disposal systems are proposed for these uses, the lot shall contain suitable tested area for an alternate or second subsurface disposal system.

   (3)   Minimum lot width shall be 200 feet. Minimum yards shall be 50 feet. Maximum building coverage shall be 25 percent and maximum lot coverage shall be 50 percent.

   (4)   Buffering and screening from adjacent existing residential uses may be required.

   (a)   An academic clinical research center may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the DOH. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

   (b)   All external lighting serving an academic clinical research center shall be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

   (c)   Parking requirements shall follow the parking schedule found in §27-806 as listed for trade and vocational schools, colleges.

   (d)   A buffer planting is required where an academic clinical research center adjoins a residential use or district.

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

   (b)   The floor area of a medical marijuana grower/processor shall include sufficient space for production, secure storage of marijuana seed, related finished product cultivation, and marijuana related materials and equipment used in production and cultivation or for required laboratory testing.

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

   (d)   Marijuana remnants and by-products shall be secured and properly disposed of in accordance with the DOH policy and shall not be placed within any unsecure exterior refuse containers.

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

   (f)   All external lighting serving a medical marijuana grower/processor shall be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

   (g)   Parking requirements shall follow the parking schedule found in §27-806 as listed for a manufacturing, processing, renovating, assembling goods, merchandise and equipment use.

   (h)   A buffer planting is required where a medical marijuana grower/processor adjoins a residential use or district.

   (i)   Entrances and driveways to a medical marijuana grower/processor shall be designed to accommodate the anticipated vehicles used to service the facility.

   1)   All accesses shall secure the appropriate highway occupancy permit (Township or State).

   2)   The clear sight triangle shall be considered and maintained.

   3)   The driveway shall be designed and improved to the standards expressly described in §27-808.

   (j)   Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it shall be from within a secure environment.

   (k)   A medical marijuana grower/processor shall at all times maintain lawful registration in the Commonwealth and possess a current valid medical marijuana permit from the DOH.

   (a)   All external lighting serving a medical marijuana transport vehicle service shall be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

   (b)   Parking requirements shall follow the parking schedule found in §27-806 as listed for warehousing and storage.

   (c)   A buffer planting is required where a medical marijuana transport vehicle service adjoins a residential use or district.

   (d)   Entrances and driveways to a medical marijuana transport vehicle service shall be designed to accommodate the anticipated vehicles used to enter and exit the premises.

   1)   All accesses shall secure the appropriate highway occupancy permit.

   2)   The clear sight triangle shall be considered and maintained.

   3)   The driveway shall be designed and improved to the standards expressly described in §27-808.

   (e)   If for some reason a medical marijuana product is to be temporarily stored at a medical marijuana transport vehicle service facility, the facility shall be secured to the same level as a medical marijuana grower/producer and dispensary.

   (f)   Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it shall be from within a secure environment.

   (a)   A medical marijuana dispensary shall be legally registered in the Commonwealth and possess a current valid medical marijuana permit from the DOH.

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

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

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

   (e)   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 percent of the gross floor area.

   (f)   A medical marijuana dispensary shall:

   1)   Not have a drive-through service.

   2)   Not have outdoor seating areas.

   3)   Not have outdoor vending machines.

   4)   Prohibit the administering of, or the consumption of medical marijuana on the premises.

   5)   Not offer direct or home delivery service.

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

   (h)   A medical marijuana dispensary may not be located within 500 feet of the property line of a public, private or parochial school or a day-care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of municipality in which it is located.

   (i)   A medical marijuana dispensary shall be a minimum distance of 1,000 feet from the next nearest medical marijuana facility. This does not include complementing or supporting businesses covered by different definitions. This distance shall be measured in a straight line from the closest exterior walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted, regardless of municipality in which it is located. This separation distance does not apply to the distance between the grower/processor or academic clinical research centers and the specific dispensary they serve, or with which they partner.

   (j)   Any medical marijuana facility lawfully operating shall not be rendered in violation of these provisions by the subsequent location of a public, private or parochial school or a day care center.

   (k)   All external lighting serving a medical marijuana dispensary shall be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

   (l)   Parking requirements shall follow the parking schedule found in §27-806 as listed for hospitals, clinics and other medical treatment facilities.

   (m)   A buffer planting is required where a medical marijuana dispensary adjoins a residential use or district.

   (n)   Entrances and driveways to a medical marijuana dispensary shall be designed to accommodate the anticipated vehicles used to service the facility.

   1)   All accesses shall secure the appropriate highway occupancy permit.

   2)   The clear sight triangle shall be considered and maintained.

   3)   The driveway shall be designed and improved to the standards expressly described in the Zoning Ordinance.

   (o)   Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed it should be from within a secure environment.

   The provisions of this §27-602 shall apply to conditional uses. Expansions or additions to uses classified as conditional uses shall also be considered conditional uses if such expansion results in an increase of 25 percent or more, measured cumulatively from the initial conditional use approval or the effective date of this provision if approval was not granted, of any combination of building area or volume, storage area or volume, or impervious area. [Ord. 2-2003]

   A.   Conditional Use Application Procedure. All applicants shall submit six sets of applications, site plans and supporting information to the Zoning Officer when making application for a conditional use zoning permit.

   (1)   The information submitted shall include any application form supplied by the Township, floor plans of any proposed buildings, site plan showing all information required for a sketch plan as Development Ordinance, a statement regarding the proposed use of any existing or proposed buildings, structures and land areas.

   (2)   Upon the date of receipt of a conditional use application by the Township, the Township Secretary and Zoning Officer shall submit two copies of the complete application to the Township Planning Commission, three copies of the complete application to the Township Board of Supervisors and one copy of the complete application shall be retained by the Zoning Officer. The Zoning Officer shall also prepare and submit a written report on the application to the Township Board of Supervisors and the Township Planning Commission within 15 calendar days following receipt of the application. [Ord. 2-2003]

   (3)   Planning Commission Review.

   (a)   The Planning Commission shall be provided with an opportunity to review any proposed conditional use at a regular meeting prior to a decision by the Board of Supervisors. The Commission, at its option, may provide a written advisory review.

   (b)   If such review is not received within the time limit within which the Board must issue a decision, or within 30 days of such application being sent to the Planning Commission, then the Board may make a decision without having received comments from the Planning Commission.

[Ord. 2-2003]

   (4)   Board of Supervisors Action. The Board of Supervisors shall conduct hearings and make decisions in accordance with §§908 and 913.2 of the Municipalities Planning Code, as amended, 53 P.S. §§10908, 10913.2. In granting a conditional use, the Board may attach such reasonable conditions and safeguards (in addition to those expressed in this Chapter) as it determines are necessary to implement the purposes of the Municipalities Planning Code, 53 P.S. §10101 et seq., and this Chapter, and to protect the public health, safety and welfare. [Ord. 2- 2003]

[Ord. 1-1996]

   B.   General Standards and Criteria for Review. A conditional use:

   (1)   Shall not cause substantial injury to the value of other property where it is to be located.

   (2)   Shall conform with regulations applicable to the district where located and conform to the intent of the district.

   (3)   Shall be compatible with adjoining development.

   (4)   Shall provide adequate landscaping and screening to protect adjoining areas.

   (5)   Shall provide off-street parking and loading and access in keeping with this Chapter so as to minimize interference with traffic on the local streets.

   (6)   Shall not jeopardize the public health, safety, welfare, and convenience.

   Such conditional uses which are authorized by the Supervisors may be subject to any additional conditions and safeguards established by the Supervisors in each case which may be warranted by the character of the areas in which such uses are proposed or by other special factors and which are necessary to implement the purposes of this Chapter. The Township Planning Commission and Township Supervisors may require the applicant for a conditional use to prepare and submit additional information such as a community impact analysis, environmental impact assessment, traffic impact analysis and any other reports as they deem necessary for their review and consideration of the application.

   C.   Specific Requirements and Standards. The following development requirements shall be required and standards and criteria shall be considered by the municipal governing body and Planning Commission when reviewing applications for zoning permits for conditional uses permitted within the various rural districts as listed in Schedule 27-1. The following standards shall also apply when the specified use is classified as a use permitted by right. [Ord. 2-2003]

   (1)   Group Homes. Group homes shall be permitted in any lawful single-family dwelling unit in accord with this Section and other applicable standards of this Chapter.

   (a)   Supervision. There shall be adequate supervision as needed by an adequate number of person(s) trained in the field for which the group home is intended.

   (b)   Certification. The use shall be licensed or certified under an applicable State, County or Federal program for group housing, as applicable. A copy of all such licenses or certifications shall be filed with the Township, and shall be required to be shown to the Zoning Officer in the future upon request. The group home shall notify the Township within 14 days if there is a change in the type of clients, the sponsoring agency, the maximum number of residents or if an applicable certification/license expires, is suspended or is withdrawn.

   (c)   Registration. The group home shall register its location, general type of care, maximum number of residents and sponsoring agency with the Zoning Officer. Such information shall be available for public review upon request.

   (d)   Counseling. Any medical or counseling services provided on the lot shall be limited to residents and a maximum of three nonresidents per day.

   (e)   Parking. One off-street parking space shall be provided for each employee on duty at anyone time, and every two residents of a type reasonably expected to be capable of driving a vehicle. Off-street parking areas of more than five spaces shall be buffered from adjacent existing single family dwellings by a planting screen meeting the requirements of §27-705.12.F of this Chapter.

   1)   On lots of less than 2 acres - four residents.

   2)   On lots of 2 acres or more - six residents.

   3)   On nonconforming lots, all State and Township regulations including, but not limited to, subdivision and land development, zoning and sewage regulations shall be complied with and shown on the land development plan.

   (a)   Conversion of existing structures to multi-family housing may be permitted as a conditional use in the district provided that the proposed housing units meet the housing space requirements of §27-711 and all lot requirements for multi-family dwellings in the C District as set forth in Schedule 27-2. The applicant shall meet all applicable State and Federal requirements for multi-family housing and shall provide the Township with copies of the required permits or licenses. Minimum off-street parking requirements of §27-806 shall be met. Adequate water supply and sewage disposal facilities shall be provided.

   (b)   Conversions of motels, hotels, or other existing structures to multi-family dwelling use, regardless of whether such conversions involve structural alteration, shall be considered subdivisions or land developments. The application and plan shall include a certification of a registered architect or engineer that the existing building is structurally sound and that the proposed conversion will not impair structural soundness.

   (10)   Solid Waste Facilities and Staging Areas. Solid waste facilities, including transfer stations and staging areas, herein referred to as “facilities,” shall be considered conditional uses in the I - Industrial District only, and in addition to the standards set forth in subsection .2 and other applicable standards of this Chapter, such uses shall be subject to the following requirements, which shall apply to both existing and proposed solid waste facilities. The Board of Supervisors shall determine that all said standards will be satisfied prior to granting any conditional use approval.

   (a)   The applicant shall submit to the Township for approval a traffic study and plan which shall comply with the following requirements:

   1)   Any facility located adjacent to a Federal Aid Highway shall comply with all regulations of the Federal Highway Administration.

   2)   Any facility located adjacent to a State highway shall comply with all regulations of the Pennsylvania Department of Transportation.

   3)   The traffic study and plan shall establish the most direct proposed route or routes for vehicles carrying solid waste to the facility. This route shall minimize impacts on any hospital, residential home, commercial, retail establishment, public school or religious institution.

   4)   The traffic impact study and plan shall include proposed remedial actions to be taken in the event of a solid waste spill or accident involving a vehicle transporting solid waste.

   (b)   No facility created after the effective date of this Chapter shall be located closer than 750 feet to an existing public right-of-way or property line; residential structure; public, semi-public or institutional use; or commercial or recreational facility.

   (c)   All solid waste disposal facilities shall be completely enclosed by a chainlink fence not less than 10 feet in height. The erection of said fence shall be completed within 6 months after the effective date of this Chapter for existing solid waste disposal facilities and within 6 months after the issuance of a license for a new solid waste disposal facility. All gates shall be closed and locked when closed for business. The fence and gate shall be maintained in such a manner as not to become unsightly. There shall be no advertising of any kind placed on the fence.

   (d)   Such fence and any structures associated with the solid waste disposal facilities shall not be located closer than 200 feet to a property line or 750 feet from any public right- of-way or within 750 feet from principal residential structures existing at the time of adoption of this Chapter.

   (e)   All existing and proposed solid waste disposal facilities shall prepare and submit to the Township an environmental impact statement pursuant to subsection .4.A of this Section and shall fully comply with the regulations of the Pennsylvania Department of Environmental Protection. [Ord. 3-2008]

   (f)   All solid waste facilities and staging areas which store the solid waste at any stage prior to disposal at an approved facility shall maintain the aforesaid solid waste within a building. Storage of materials, supplies or solid waste in motor vehicles, truck, trailers or other containers normally used to transport materials shall not be permitted unless the aforesaid motor vehicles, truck trailers or other containers shall be stored within a building. No materials, supplies, or solid waste shall be held or stored in motor vehicles, trucks, trailers, or other containers at any staging area for more than 24 hours.

   (g)   The facility shall provide for treatment and disposal for all liquid effluent and discharges generated by the facility due to the storage, washing or other process used in processing the solid waste. Any water discharged from the facility after being treated by the wastewater treatment system shall meet all applicable Department of Environmental Protection regulations. [Ord. 3-2008]

   (h)   The owner of any solid waste disposal facility shall be required to monitor the ground and surface water in the vicinity of the facility. Water testing shall be conducted every 3 months on any stream located on the premises or any stream within 500 feet of any area used for the storage or disposal of solid waste if water drainage from the facility is to said stream. For each testing period two samples shall be collected: one sample shall be taken from the stream at a point upstream of the solid waste disposal facility drainage area and one sample shall be taken from the stream at a point below the facility drainage area. In addition, the well located on the premises shall also be sampled every 3 months. The samples shall be collected and analyzed by a certified water analysis laboratory for hydrocarbons or other parameters deemed appropriate by the Board of Supervisors, and results shall be provided to the Township. If said samples exceed the limits established by the Pennsylvania Department of Environmental Protection, the solid waste disposal facility shall cease operation until such time as the source of the contamination has been identified and corrected. [Ord. 3-2008]

   (i)   All stormwater collected on site shall be treated by the facility’s wastewater treatment system. Parking of trucks loaded with solid waste or which have not been properly cleaned and washed shall only be permitted in buildings, handling areas or parking areas in which containment of spillage, leakage or other contaminants is provided.

   (11)   Airport. Airports are permitted as a conditional use in the R-1 District provided that the minimum parcel size is 10 acres. All applicable State and Federal regulations shall be met by the applicant and copies of applicable permits and licenses shall be provided to the Township Supervisors. Safety to residential uses in land glide paths and adjacent to the runways shall be considered by the Township in reviewing any application. Yard setback requirements shall be set on an individual site basis dependent upon specific safety requirements.

   (12)   Fuel Storage and Wholesale. In addition to all other applicable standards, bulk fuel storage facilities shall be subject to the specific regulations and requirements in this Section and shall be permitted only in those, districts as specified in the Schedule of Uses. The Township shall establish, as part of the conditional use process, such other conditions such as increased setbacks and construction of dikes as necessary to protect the public health, safety and welfare.

   (a)   Parcel Size. Such facilities shall be located on a tract of land not less than 5 acres in area.

   (b)   Setbacks. Storage tanks shall be located not less than 100 feet from any property line or any road or street right-of-way line, and not less than 500 feet from any dwelling, school, place of worship or other public or semi-public building or use. Cylinder filling rooms, pumps, compressors and truck filling stations shall be located not less than 100 feet from any property line and not less than 150 feet from any road or street right-of-way line.

   (c)   Fence. The total tank storage area shall be entirely fenced with an 8-foot high industrial type security fence or have an equivalent protection barrier approved by the Township.

   (d)   Other Regulations. Bulk fuel storage facilities shall be developed in complete compliance with all applicable local, State, Federal and insurance regulations and requirements and the applicant shall provide to the Township copies of all required licenses, permits and certificates.

[Ord. 2-2003]

   (13)   Adult Businesses. Adult businesses are considered conditional uses in the C District, and in addition to all applicable standards of this Chapter, shall comply with the Clifton Township Adult Business Regulation Ordinance, as amended [Chapter 13, Part 1], and any other applicable Township ordinances. [Ord. 2-2003]

   * * *   Editor’s Note: In the compilation prepared by the Township of the “Clifton Township Zoning Ordinance of 1989" updating the ordinance through July, 1996, a page was inadvertently omitted between §6.2.C.13.a and §6.2.C.14.d. After diligent search, the page can not now be located.

   (d)   Pedestrian and vehicular circulation must be designed for safety and efficiency to achieve separation of vehicular and pedestrian traffic.

   (e)   The site shall be located and planned in such a manner that it can be used for both its intended function and general community functions, if appropriate, and shall be attractively landscaped.

   (f)   Household antenna and communication towers and antenna accessory to and part of a local public service located within Clifton Township shall be limited to a maximum height of 50 feet above natural ground level on the site within all districts. Minimum setback distances from all property boundaries and road rights-of-way shall be equal to the height of the tower or antenna. A security fence surrounding the tower or antenna may be required. Buffering, screening and landscaping provisions of §27-705.12 and .13 shall be met. [Ord. 1-1996]

   (15)   Colleges, Public and Private Schools. The minimum size lot or parcel of land for development or expansion of these land uses within any permitted district shall be 5 acres plus 1 acre per each 100 pupils for which the facility is designed. Within residential districts, the minimum front, side and rear yard setback distances shall be 40 feet. Maximum building height in all districts, where permitted, shall be 35 feet. Maximum percent of the parcel area to be covered by buildings, plus driveways and parking areas, shall be 50 percent. All applicable State and Federal regulations for structures and operations shall be met. Copies of any required licenses and permits shall be provided to the Township Board of Supervisors.

   (16)   Personal Care Home and Long-Term Care Nursery Facility. The minimum size parcel requirement for development of these land uses shall be 2 acres or 4,000 square feet for each resident or resident accommodation within the establishment, whichever is greater. Minimum lot width shall be 200 feet. Minimum front and rear yard setbacks shall be 60 feet. Minimum side yard setbacks shall be 30 feet. Maximum building height shall be 35 feet. Maximum percent lot coverage shall be 30 percent. The applicant shall provide the Township with copies of all required State and Federal construction and operation licenses and permits for their review. Where on-lot sewage disposal is proposed, a suitable secondary or replacement area shall be located and tested as a requirement for a zoning permit. Adequate provisions shall be made for access by emergency, medical and fire vehicles. Twenty-four hour supervision shall be provided by staff qualified by the regulating State or Federal agency. Adequate outdoor recreation opportunities shall be provided on the premises for the residents consistent with their needs and the area shall be secured by a fence with a security gate. Certification or licensing of the structure and site and the operation required by applicable State or Federal regulations shall be required for issuance of a Township Occupancy Permit. Copies of any required annual report or inspection and any continuing certification or licensing shall be submitted to the Township annually. [Ord. 2-2003]

   (17)   Resorts. Resorts may be permitted as conditional uses in the C District. The minimum required parcel size for development of a resort shall be 20 acres. Minimum front yard setback shall be 60 feet. Other minimum yards shall be 50 feet. Maximum building height shall be 35 feet and maximum lot coverage shall be 30 percent. All Federal and State regulations pertaining to such activities shall be met. Copies of all required licenses and permits shall be provided to the Township. Where subsurface sewage disposal is proposed, a secondary area suitable for subsurface sewage disposal shall be designated and preserved available for such use. Off-street parking spaces shall be provided on the basis of the individual activities or facilities and the number of employees within the resort.

   (18)   Campgrounds. Development or expansion of campgrounds are permitted as conditional use in the R-1 District provided that all requirements for development of campgrounds as set forth in the Township Subdivision or Land Development Ordinance [Chapter 22] are met.

   (19)   Fraternal, Civic and Social Clubs. Fraternal, civic and social clubs facilities are permitted as conditional uses within R-1 and C Districts provided the following conditions are met:

   (a)   Minimum lot size shall be 5 acres.

   (b)   No more than one permanent single family dwelling unit is developed as part of the facilities.

   (c)   All sales of goods and services provided are exclusively to the members of the club or organization owning and developing the facilities.

   (d)   All performance standards in §27-706 of this Chapter are met.

   (e)   All activities and facilities are screened and buffered from adjacent residential uses.

   (f)   All facilities and activities are setback a minimum of 50 feet from property boundaries and road rights-of-way.

   (20)   Hunting Clubs. Hunting clubs are permitted as conditional use within the R-1 District provided the following conditions are met:

   (a)   Minimum lot area shall be 20 acres.

   (b)   No more than one permanent single family dwelling shall be developed and occupied as part of the club facilities.

   (c)   All facilities and services provided on the property shall be for the exclusive use of club members.

   (d)   Shooting ranges shall be designed and operated so as to provide no danger or hazards to adjacent properties and shall comply with the shooting range standards of the Pennsylvania Game and Wildlife Commission. [Ord. 3-2008]

   (e)   All performance standards in §27-706 of this Chapter shall be met.

   (f)   All facilities and activities shall be setback a minimum of 50 feet from all property boundaries and road rights-of-way.

   (g)   Buffering and screening of activities from adjacent residential uses may be required.

   (h)   Building height and lot coverage limitations listed in Schedule 27-2 for the R-1 district shall be met.

   (21)   Mineral Extraction and Processing. Mineral extraction and processing operations exceeding 1 acre in area, including sand and gravel, shale and top soil and peat extraction, may be permitted as conditional uses within OS, R-1, C and I Districts provided that their activities and residual effects do not create conditions hazardous or otherwise adverse to value and use of adjacent properties or the well being of the surrounding area and its residents. That also the site can be reclaimed to a nonhazardous state permitting some reasonable future use and that the extracting activities and resulting condition of the site will not result in environmental degradation of the surrounding area. All activities of these land uses shall be effectively screened from adjacent properties and setback from adjacent properties by a minimum distance of 50 feet and from residential structures by a minimum distance of 200 feet or such greater distance as may be required by site conditions to protect adjacent properties as determined necessary by the Township Supervisors and Planning Commission. Unique or environmentally significant natural features and significant historic or architectural structures and sites shall be protected from disruption or adverse effects from quarrying and or mining activities. Site development plans, operation plans and schedule, interim erosion control plans and site reclamation plans shall be submitted for review and other requirements of §27-703 shall be met prior to any conditional use approval for any mining, quarrying or borrow pit operations. [Ord. 2-2010]

   (22)   Grading Operations. Grading of lots, parcels and sites involving cuts or fills greater than 5 feet in depth or greater than one acre in area as a separate activity shall require a conditional use permit in all districts. Grading activities as part of approved subdivision or land development plans shall not require a separate conditional use permit. Site grading plans shall be submitted for review and approval. All requirements of §27-703 shall also be met. Grading of sites shall not reduce the usefulness of the parcel and shall not create conditions hazardous or otherwise adverse to the value and use of surrounding properties.

   (23)   Pond or Lake Construction. Construction of ponds, lakes or dams may be permitted as a conditional use in OS, R-1, and C and I Districts provided that the proposed site does-not include structures or sites of significant historic value, unique natural features or unique or otherwise valuable plant or animal species, or significant flood or stormwater retention value; and that lake, pond or dam is built according to a design prepared by a qualified registered engineer and approved by the Township. Where lakes, dams, or ponds are proposed to be located in watercourses or wetlands, they shall be designed and constructed to provide flood or stormwater storage for a minimum 5-year frequency storm from the entire watershed upstream of the impoundment. Any required State or Federal permits shall be acquired and copies submitted to the Township prior to issuance of a conditional use permit. [Ord. 2-2010]

   (24)   Animal Hospital or Kennel. Animal hospitals and kennels may be permitted as conditional uses in the C District provided that a minimum required parcel size of 5 acres is provided and that minimum yard setbacks of 100 feet from all property boundaries are met All general performance standards set forth in §27-706 shall be met All applicable Federal and State regulations shall be met. Copies of any required licenses and permits shall be provided to the Township Board of Supervisors.

   (25)   Shopping Centers.

   (a)   Shopping centers or commercial developments providing more than 10,000 square feet of gross building floor area for wholesale or retail trade and/or service establishments or activities require a minimum parcel area of 5 acres. The minimum lot width, yards, and maximum building heights as set forth in Schedule 27-2 for 5 acre lots shall apply to this use. The maximum percent of lot coverage by structures shall be 35 percent. Maximum percent of lot coverage by structures and paved areas shall be 80 percent.

   (b)   Shopping centers shall be designed to provide no more than two ingress or egress points on each abutting street Each ingress and egress point shall be designed and constructed according to PennDOT guidelines.

   (c)   Adequate, safe, and convenient pedestrian and vehicular circulation facilities will be provided These may include roadways, access roads, driveways, off-street parking and loading, sidewalks, malls and landscaped areas. Traffic flow of vehicles will be regulated by one-way traffic patterns, stop signs, maximum speed limits, and other devices to control the movement of vehicles into and through the proposed development.

   1)   Public road right-of-way - 50 feet.

   2)   Property lines - 50 feet.

   3)   Any adjoining residential dwelling or residential zoning district, including residential uses and residential zoning districts across roads - 200 feet, measured from the residential property line or zoning district boundary.

   (a)   Minimum lot size shall be 2 acres.

   (b)   There shall be a minimum setback from all buildings and parking areas of at least 50 feet from all property lines and highway rights-of-way. If adjoining properties are in a residential district then the minimum setback shall be 75 feet.

   (c)   All activities and facilities are screened and buffered from adjacent residential uses.

   (d)   There shall be one parking space for every 100 square feet of floor space in the establishment, plus one space for every two employees.

   (e)   The noise level at any property line shall not exceed 60 decibels.

   (f)   All performance standards in §27-706 of this Chapter are met.

   (a)   Purposes.

   1)   To accommodate the need for communication devices while regulating their location and number in the Township in recognition of the need to protect the public health, safety and welfare.

   2)   To minimize the adverse visual effects of communication devices and support structures through proper design, siting and vegetative screening.

   3)   To avoid potential damage to adjacent properties from communication device support structure failure and falling ice, through engineering and proper siting of support structures.

   4)   To encourage the joint use of any commercial communication device support structures and to reduce the number of such structures needed in the future.

   (b)   Use Regulations; Permits. A permit shall be required for every CCD and support structure installed at any location and the following use regulations shall apply:

   1)   Existing Tall Structures. A CCD site with a CCD that is attached to an existing communications tower, smoke stack, water tower, or other tall structure where the height of the CCD does not exceed the height of the existing structure by more than 20 feet shall be permitted in all Districts only as a conditional use. A CCD on a single- family or two-family dwelling, and on utility poles in R-1 Districts shall not be permitted. Any subsequent installations above the initial 20-foot height increase shall be prohibited. The applicant shall provide the following information:

   a)   Evidence from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.

   b)   Detailed construction and elevation drawings indicating how the antennas will be mounted on the structure for review by the Township for compliance with the applicable requirements.

   c)   Evidence of recorded agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the CCD and associated equipment can be accomplished.

   2)   New Structures and CCD Exceeding 20 Feet on Existing Structures. A CCD site with a CCD that is either not mounted on an existing structure, or is more than 20 feet higher than the structure on which it is mounted shall be permitted only in those districts specified on the schedule of uses and shall require conditional use approval in accord with this Section.

   3)   Associated Use. All other uses ancillary to the CCD (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the CCD site, unless otherwise permitted in the zoning district in which the CCD site is located. This shall not prohibit the installation, as accessory structures, of equipment containers not intended for human occupancy to house only equipment necessary for the operation of the CCD.

   4)   CCD as a Second Principal Use. In the CT-1 and CT-2 Overlay Districts, a CCD shall be permitted on a property with an existing use subject to the following land development standards:

   a)   The CCD facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic maintenance.

   b)   The minimum lot area, minimum setbacks and maximum height required by this Chapter for the CCD and support structure shall apply; and, the land remaining for accommodation of the existing principal use(s) on the lot shall also continue to comply with the minimum lot area, density and other requirements.

   c)   The vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use.

   d)   The applicant shall present documentation that the owner of the property has granted an easement filed of record or other legal interest for the land for the proposed facility and that vehicular access is provided to the facility.

   (c)   CCD Permit.

   1)   Permit Issuance. Upon approval of a CCD conditional use application and payment of all applicable fees, a CCD permit shall be issued by the Township. The required removal guarantee shall be valid for the 10-year CCD permit period, and must be received and approved by the Township before the CCD permit will be issued. A building permit shall also be required for initial construction of the CCD.

   2)   Permit Term. The CCD Permit shall be valid for 10 years from the date of issue unless sooner revoked for violations of this Chapter or conditional use approval.

   3)   Renewal. Application for renewal of a Tower permit may be made at the end of every 10-year period. The application for renewal shall be made in writing to the Zoning Officer, who shall present the renewal application to the Board of Supervisors. The Board of Supervisors may approve the renewal by resolution, or the Board may require a conditional use hearing on the application for renewal. CCD permit renewal shall require payment of the prescribed fee.

   4)   Revocation. Should the Township revoke the CCD permit, the date of the revocation shall start a 180-day period of shutting down the use of the CCD. The Township may require the removal of the CCD, the fence, equipment shelter, and all associated facilities after expiration of the 180 days, as required in the removal agreement executed by the applicant. This removal shall then be completed within 60 days.

   (d)   Application Requirements. In addition to the normal requirements for conditional uses and land developments (as detailed in the Township Subdivision and Land Development Ordinance [Chapter 22]), the application for a CCD shall include the following information:

   1)   Identification of the applicant, the owner, and the owners of arrays on the CCD, with copies of applicable current FCC licenses for all parties in interest.

   2)   Site survey map.

   3)   Visual impact analysis.

   4)   Environmental assessment, to include a complete copy of Phase I report and supporting documentation.

   5)   Statement as to what related equipment, including equipment enclosures/shelters, will be located on site. Backup power from on-site generators shall not be permitted.

   6)   Drawing of proposed tower and pictures of similar existing towers from other locations, to include proposed accessory buildings or structures.

   7)   Drawing of the communication equipment building, the fence and proposed landscaping.

   8)   Site search analysis to include scope of applicant’s search for existing structures, sites in preferred land use areas and the rationale for selecting the proposed site.

   9)   Statement that the CCD design will accommodate six arrays.

   10)   Removal agreement signed by the owner stating that the tower will be removed within 180 days of cessation of use. This must be notarized or bear a corporate seal. The removal agreement must state that the owner(s) shall remove all foundations, all surface structures or devices, restore the surface of the site back to the contours that existed prior to the development of the site and seed the site.

   11)   Statement by a Pennsylvania registered engineer as to the noise levels emanating from existing installations of the type proposed, to include decibels of sound and frequencies heard at various distances and at the tower base.

   12)   Proof of compliance with applicable FCC, FAA, Commonwealth Bureau of Aviation, and other State and local rules and regulations that apply to the CCD.

   13)   Certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence covering the proposed CCD, related structures and site, and an additional umbrella policy in the amount of $10,000,000 covering the same items, both having the Township named as an additional insured party. This shall be maintained for the duration that the CCD is erected in the Township, and both policies shall have clauses that give 30 days notice to the Township before coverage under the policies cease.

   (e)   Standards.

   1)   Location Requirement and Number. The applicant shall demonstrate to the satisfaction of the Township, using technological evidence, that the CCD and support structure must go where it is proposed, in order to satisfy its function in the company’s grid system. The number of CCD to be installed at a site by an applicant may not exceed the current minimum necessary to ensure the adequacy of current service required by the Federal Communications Commission (FCC) license held by that applicant. The applicant shall provide information on the general location of other towers/sites planned for the region.

   2)   Collocation; New Tower. If the applicant proposes to build a tower (as opposed to mounting the CCD on an existing structure), the Township may require the applicant to demonstrate that it contacted, in writing, the owners of tall structures within a 5 mile radius of the site proposed, asked for permission to install the CCD on those structures, and was denied. This would include smoke stacks, water towers, tall buildings, CCD support structures of other cellular phone companies, other communications towers (fire, police, etc.) and other tall structures. The Township may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the CCD on an existing structure, thereby documenting that there exists no other support structure which can reasonably serve the needs of the owner of the proposed CCD. A good faith effort shall demonstrate that one or more of the following reasons apply to a particular structure:

   a)   The proposed equipment would exceed the structural capacity of the existing structure; and, its reinforcement cannot be accomplished at a reasonable cost.

   b)   The proposed equipment would cause radio frequency interference with other existing equipment for that existing structure; and, the interference cannot be prevented at a reasonable cost.

   c)   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.

   d)   Addition of the proposed equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

   e)   A commercially reasonable agreement could not be reached with the owners of such structures.

   3)   CCD Height; Stackable; Arrays; Design.

   a)   The applicant shall demonstrate that the CCD is at the minimum height required to function satisfactorily and provide adequate height for eight service providers. The maximum height of any CCD shall be 150 feet.

   b)   The Township may require the tower to be designed and constructed to be stackable (structurally capable of being increased in height) so that additional antennas arrays can be accommodated in addition to the arrays on the original tower to facilitate future collocation. However, in no case shall the number of arrays on any one tower exceed six.

   c)   CCD equipment buildings shall comply with the accessory structure height limitations of the applicable zoning district.

   d)   The Township shall require stealth design or specific colors to ensure that the CCD is compatible with the surrounding landscape; and, such determination shall be based on a balloon test for height conducted by the applicant.

   4)   Subdivision Requirement; Lot Size; Setbacks. If a new CCD support structure is constructed (as opposed to mounting the CCD on an existing structure) or if the CCD height exceeds the height of the existing structure on which it is mounted by more than 20 feet, the following minimum setbacks shall apply:

   a)   Subdivision Requirement. If the CCD site is part of a larger parcel, a minor subdivision shall be required if title to a CCD site is to be transferred, or if a CCD site is leased.

   b)   Lot Size. The minimum required lot size, whether held in fee, lease, license or easement, shall be 2 acres.

   c)   Setback. If the parcel on which the CCD and support structure are located is a separate and distinct parcel, the distance between the base of the support structure and any adjoining property line shall not be less than the height of the CCD structure plus the normal setback for the district. The setback for equipment containers, other accessory structures, and guy wire anchors shall be a minimum of 30 feet. If the land on which the CCD and support structure is leased, or is used by license or easement, the setback for any part of the CCD, the support structure, equipment containers, other accessory structures, and guy wire anchors shall be a minimum of 30 feet from the line of lease, license or easement. In any case, the distance between the base of the support structure and any adjoining property line (not lease, license or easement line) shall not be less than the height of the CCD structure plus the normal setback for the district.

   5)   CCD Support Structure Safety. The applicant shall demonstrate that the proposed CCD and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris, electromagnetic fields, or radio frequency interference. All support structures shall be fitted with anti-climbing devices, as approved by manufacturers. The applicant shall submit certification from a Pennsylvania registered professional engineer that a proposed CCD and support structure 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 applicable requirements of any applicable building code. Within 45 days of initial operation, the owner and/or operator of the CCD and support structure shall provide a certification from a Pennsylvania registered professional engineer that the CCD and support structure comply with all applicable regulations.

   6)   Fencing. A fence shall be required around the CCD support structure and other equipment, unless the CCD is mounted on an existing structure. The fence shall be a minimum of 8 feet in height.

   7)   Landscaping. Landscaping may be required to screen as much of the support structure as possible and any other ground level features (such as a building); and, in general, buffer the CCD and support structure site from neighboring properties. Any required vegetation shall be maintained in good condition and shall be installed within the fenced area to protect vegetation from being destroyed by wildlife. The Township may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping. If the CCD is mounted on an existing structure and other equipment is housed inside an existing structure, landscaping shall not be required. In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.

   8)   Collocation; Other Uses. In order to reduce the number of CCD support structures needed in the community in the future, the proposed support structure shall be required to accommodate other users including, but not limited to, other cellular phone companies, and local fire, police, and ambulance companies. The applicant shall provide evidence of written contact with all wireless service providers who supply service within the Township for the purpose of assessing the feasibility of co-located facilities. The proposed structure, as determined by the Township, shall be constructed to provide available capacity for other providers if there is a future additional need for such facilities.

   9)   Licenses; Other Regulations; Insurance. The applicant must demonstrate that it has obtained the required licenses from the Federal Communications Commission, the Peinsylvania Public Utility Commission, and other agencies. The applicant shall also document compliance with all applicable State and Federal regulations.

   10)   Access. Access to the CCD and support structure shall be provided by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all weather surface for its entire length.

   11)   Signs; Lighting; FAA and PennDOT Notice.

   a)   No signs or lights shall be mounted on a CCD except as may be required by this Chapter, Federal Communications Commission, Federal Aviation Administration or other governmental agency which has jurisdiction.

   b)   No CCD support structure may be artificially lighted, except as required by the Federal Aviation Administration.

   c)   The applicant shall provide a copy of the response to Notice of Proposed Construction or Alteration forms submitted to the FAA and PennDOT Bureau of Aviation; and, the CCD and support structure shall comply with all FAA and PennDOT requirements.

   12)   Communications Interference. The applicant shall document that the radio, television, telephone or reception of similar signals for nearby properties will not be disturbed or diminished.

   13)   Historic Structures. A CCD shall not be located on a building or structure that is listed on a historic register or within 500 feet of such a structure.

   14)   Maintenance; Identification; Notice of Problems. Maintenance of the CCD shall be monitored by the Township Zoning Officer. There shall be affixed to the security fence in an accessible, visible place the name and mailing address of the owner(s) and a 24-hour emergency telephone number. This information shall be kept current by the owner(s). The Zoning Officer shall inform the owner(s) of any safety problems, maintenance problems or any matter relative to the CCD in accordance with the enforcement requirements of this Chapter, sent to the posted address. If the problem outlined in the letter from the Zoning Officer is not resolved within 30 days of receipt of notice, or within such other period as allowed in writing by the Zoning Officer, this shall constitute a violation of this Chapter. An unresolved violation shall constitute grounds for revoking the conditional use permit.

   15)   Water and Sewer. Water, other than for facility cooling and fire suppression purposes, and sewage facilities shall not be permitted at CCD sites to preclude person(s) from living or staying on the site. Should an existing structure with water and sewage facilities be utilized as a tower base, then said facilities shall be allowed. Maintenance people shall leave the site at the end of any work day.

   16)   Fire Suppression System. The applicant shall provide details about any fire suppression system installed in any accessory structure or equipment container associated with the CCD.

   17)   Decommissioning. If any CCD or support structure ceases to be used as a communications facility, the owner or operator or then owner of the land on which the CCD and support structure is located shall be required to remove the same within 90 days from the abandonment of use.

   a)   The CCD owner and operator shall, at its own expense, complete decommissioning of the CCD and support structure within after the end of the useful life of the facility. The facility shall be presumed to be at the end of its useful life if it is out of service for a continuous period of 90 days.

   b)   Decommissioning shall include removal of the CCD, support structure, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities.

   c)   Disturbed earth shall be graded and re-seeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.

   d)   An independent and certified professional engineer shall be retained to estimate the total cost of decommissioning (decommissioning costs) without regard to salvage value of the equipment, and the cost of decommissioning net salvage value of the equipment (net decommissioning costs). Said estimates shall be submitted to the Township after the first year of operation and every fifth year thereafter.

   e)   The facility owner or operator shall post and maintain decommissioning funds in an amount equal to net decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or Federal or Commonwealth chartered lending institution chosen by the facility owner or operator and participating landowner posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business within the Commonwealth and is approved by the Township.

   f)   Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to the Township.

   g)   If the facility owner or operator fails to complete decommissioning within the prescribed time period, then the landowner shall have an additional 90 days to complete decommissioning.

   h)   If neither the facility owner or operator, nor the landowner complete decommissioning within the prescribed periods, then the Township may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating landowner agreement to the Township shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Township may take such action as necessary to implement the decommissioning plan.

   i)   The escrow agent shall release the decommissioning funds when the facility owner or operator has demonstrated and the Township concurs that decommissioning has been satisfactorily completed, or upon written approval of the Township in order to implement the decommissioning plan.

[Ord. 2-2007]

   (f)   Fees.

   1)   Application Fees. CCD application fees shall be established by resolution of the Board of Supervisors.

   2)   Review Fees. The applicant shall pay all professional costs incurred by the Township for review of structural, radio frequency and other technical aspects of the proposal and shall deposit with the Township an amount deemed adequate by the Supervisors to cover the anticipated costs. If the review costs exceed the deposit, an additional assessment shall be made. If the deposit exceeds the cost, the balance shall be returned to the applicant. No approval shall become effective until all costs have been paid by the applicant.

[Ord. 3-2004]

   (30)   Transitional Housing Facility. The minimum parcel or lot size shall be 2 acres or 10,000 square feet of lot area per resident at the facility, whichever is greater. Minimum front and rear yard setbacks shall be 60 feet. Side yard setbacks shall be 30 feet. Maximum building height shall be 35 feet. Maximum percent lot coverage shall be 30 percent. The applicant shall meet all applicable State and Federal construction and operational requirements; shall secure all required permits, certificates and licenses for such use and shall provide copies of all such certificates, permits and licenses to the Township as a requirement for issuance of a Township occupancy permit. Where on-lot sewage disposal is proposed, a suitable secondary or replacement bed area shall be located and tested as a requirement for a zoning permit. Adequate provisions shall be made for access by emergency, medical and fire vehicles. Twenty-four hour supervision shall be provided by staff qualified by the State or Federal regulating agency. [Ord. 2-2003]

   (31)   Children’s Day Care (Nursery) Center. Children’s day care centers providing day care to more than six children at any one time are subject to the following conditions. Minimum lot or parcel size shall be 2 acres. Minimum lot width shall be 200 feet. Minimum front and rear yard setbacks shall be 60 feet. Minimum side yard setbacks shall be 30 feet. Maximum building height shall be 35 feet. Maximum building coverage of the lot shall be 20 percent. Such facilities shall hold any required Federal or State licenses and certificates and shall meet all current State or Federal regulations including standards governing adequate indoor space, accessible outdoor play space and any applicable State or local building and fire safety codes. Where on-lot sewage disposal is proposed, a suitable secondary or replacement area shall be located and tested as a requirement for a zoning permit. All day care facilities shall be fully protected by smoke detectors and fire extinguishers. Outside play area setbacks from front, side, and rear lot lines shall be 30 feet. There shall be on off-street parking space provided for each employee and one safe passenger unloading space measuring 10 feet by 20 feet for each six children that the facility is licensed to accommodate. When an off-premises outdoor play area is utilized, it must be located within 1,000 feet and safely accessible without crossing, at grade, any arterial street or other hazardous area. The outdoor play area required by State licensing shall be surrounded by a safety fence. Outside play shall be limited to the hours between 8 a.m. and 7 p.m. Adequate provisions shall be made for access by emergency, medical and fire vehicles. [Ord. 2-2003]

   (32)   Adult Day Care Center. Adult day care center providing day-care services to more than four adults at any one time are subject to the following specific conditions. Minimum lot or parcel size shall be 2 acres or 4,000 square feet of lot area per resident, whichever is greater. Minimum lot width shall be 200 feet. Minimum front and rear yards setbacks shall be 60 feet. Minimum side yard setbacks shall be 30 feet. Maximum building height shall be 35 feet. Maximum building coverage of the lot shall be 20 percent. Such facilities shall hold any required Federal or State licenses and certificates and shall meet all current State and Federal regulations including standards governing adequate indoor and outdoor spaces and applicable building and fire safety codes. Where on-lot sewage disposal is proposed, a suitable secondary or replacement area shall be located and tested as a requirement for a zoning permit. Facilities shall be fully protected by smoke detectors and fire extinguishers. There shall be one off-street vehicle parking space for each employee and one off-street passenger unloading space for each four clients that the facility is licensed to accommodate. Outdoor activity areas shall be surrounded by a safety fence. Adequate provisions shall be made for access by emergency, medical and fire vehicles. Copies of any required State or Federal licenses or certificates shall be provided to the Township as received. [Ord. 2-2003]

   (33)   Treatment Centers/Clinics and Detention Facilities. Minimum parcel size shall be 20 acres. The parcel shall have a minimum width of 500 feet. Front, rear and side building setback distances shall be a minimum of 100 feet. All buildings and facilities shall meet applicable State and Federal construction standards. All interior and exterior spaces and facilities shall meet all applicable State and Federal requirements and standards. The management and operation of the facilities and care of the clients shall meet all applicable State and Federal standards and requirements. Meeting all applicable State and Federal standards and regulatory requirements initially and on a continuing basis and providing copies of any required State or Federal licenses, certificates and inspection reports to the Township is required. Where on-lot sewage disposal is proposed, a suitable secondary or replacement area shall be located and tested as a requirement for a zoning permit. Township occupancy permit may be denied or revoked if all applicable State and Federal operating licenses or certificates and reports are not acquired and provided to the Township on a timely basis. Outside recreation or activity areas shall be provided as required by applicable State and Federal standards and requirements. Such recreation or activity areas shall be setback from rear and side property lines by a minimum of 50 feet and from front lines or public road rights-of-way by a minimum of 100 feet. Outdoor recreation and activity areas shall be surrounded by security fencing. Off- street vehicle parking spaces shall be provided for all employees, residents or clients and visitors. Parking and outside storage areas shall be setback from front, side and rear parcel lines a minimum of 50 feet. Outside activity areas, parking area, walkways and vehicular access ways shall be lighted in accordance with industry standards. Vehicular drives and parking areas shall be paved to the standards required for minor roads in the Clifton Township Subdivision and Land Development Ordinance [Chapter 22]. Maximum building height shall be 35 feet. Maximum building coverage of the parcel shall be 30 percent. Adequate access for emergency, medical and fire equipment shall be provided to all buildings and facilities. Buildings housing clients or inmates shall be equipped with Class A automatic fire alarms, including smoke, temperature and flame detectors and be equipped with automatic sprinklers, standpipe and fire department connections.

   (34)   Trade Schools and Specialized Training Schools. Minimum lot size required is 2 acres. Minimum front yard setbacks for buildings and outdoor activity areas and storage shall be 60 feet. Minimum side and rear yard for buildings, activity areas, parking and outside storage shall be 30 feet. Minimum front yard setback distance for parking shall be 30 feet. Screening and/or fencing may be required to any adjoining residential development. Where on-lot sewage disposal is proposed, a suitable secondary or replacement area shall be located and tested as a requirement for a zoning permit. [Ord. 2-2003]

   (35)   Commercial Outdoor Sports and Outdoor Exhibitions, Assembly for Outdoor Sports, Entertainment and Amusements. A minimum parcel size of 10 acres is required for development or operation of these uses. Minimum lot width shall be 500 feet. All structures and activity areas shall be setback a minimum of 100 feet from all public-roads and front lines and 60 feet from side and rear parcel boundaries. Maximum building height shall be 35 feet. Maximum building coverage shall be 20 percent. Maximum lot coverage shall be 60 percent. Parking areas shall be setback a minimum of 30 feet from public road rights-of-way and property boundaries. The activities shall be developed and operated so as to create no hazards or safety problems for adjacent properties. All general performance standards as required in Part 7 of this Chapter shall be met. Maximum building or structure height is 35 feet. Maximum building coverage is 30 percent. Maximum lot coverage is 60 percent. Where on-lot sewage disposal is proposed, a suitable secondary or replacement area shall be located and tested as a requirement for a zoning permit. [Ord. 2-2003]

   (36)   Wind Energy Facilities. In addition to all other applicable standards in this Chapter and all of the requirements of the Clifton Township Wind Turbine Generator Ordinance [Chapter 26], the following regulations shall apply to wind energy facilities:

   (a)   Purposes.

   1)   To accommodate the need for wind energy facilities while regulating their location and number in the Township in recognition of the need to protect the public health, safety, and welfare.

   2)   To avoid potential damage to adjacent properties from wind turbine structure failure and falling ice, through engineering and proper siting of such structures.

   (b)   Number. The number of wind turbines on a particular parcel shall be governed by compliance with all setback, separation and height requirements.

   (c)   Permits; Use Regulations.

   1)   Permits. A zoning permit shall be required for every wind energy facility and wind turbine installed in the Township, and all such facilities shall comply with the Township Wind Turbine Generator Ordinance [Chapter 26].

   2)   Associated Use. All other uses ancillary to the wind energy facility (including a business office, maintenance depot, etc., greater than 1,000 square feet) are prohibited from the wind energy facility, unless otherwise permitted in the District in which the wind energy facility is located. This shall not prohibit the installation, as accessory structures, of equipment containers not intended for human occupancy to house only equipment necessary for the operation of the wind energy facility.

   3)   Wind Energy Facility as a Second Principal Use. A wind energy facility shall be permitted on a property with an existing use in districts where permitted subject to the following land development standards:

   a)   The minimum lot area, minimum setbacks and maximum height required by this Chapter for the wind energy facility and wind turbines shall apply; and, the land remaining for accommodation of the existing principal use(s) on the lot shall also continue to comply with the minimum lot area, density and other requirements.

   b)   The vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use.

   c)   The applicant shall present documentation that the owner of the property has granted an easement or other legal interest for the land for the proposed facility and that vehicular access is provided to the facility.

   (d)   Standards.

   1)   Wind Energy Facility Height. The applicant shall demonstrate that the wind turbines are at the minimum height required to function satisfactorily. No wind turbine that is taller than this minimum height shall be approved.

   2)   Parcel Size; Setbacks.

   a)   Separate Parcel. If the parcel on which the wind energy facility is a separate and distinct parcel, the District minimum lot size shall apply; and, in all cases, the lot shall be of such size that all required setbacks are satisfied.

   b)   Lease, License or Easement. If the land on which the wind energy facility is leased, or is used by license or easement, the setback for any wind turbine, the support structure, equipment containers, other accessory structures, and guy wire anchors shall be a minimum of 30 feet from the line of lease, license or easement. In any case, no wind turbine shall be located closer to any property line (not lease, license or easement line) than 1.1 times the turbine height.

   c)   Public and Semi-Public Structures. No wind turbine shall be located less than 2,000 feet from any existing public or semi-public principal structure measured from the center point of the turbine base. (For the purposes of this subparagraph, existing principal structure shall mean any existing principal structure or any principal structure for which a zoning permit has been issued.)

   d)   Principal Structures on Wind Energy Facility Parcel. No wind turbine shall be located less than 600 feet from any existing principal structure on the wind energy facility parcel or lease, license or easement parcel as measured from the center point of the turbine base, unless the property owner provides written permission allowing for a lesser distance. (For the purposes of this subparagraph, existing principal structure shall mean any existing principal structure or any principal structure for which a zoning permit has been issued.) In no event shall the setback distance be less than 1.1 times the total height of the wind turbine as measured from the highest point of the rotor plane.

   e)   Principal Structures on Other Parcels. No wind turbine shall be located less than 2,000 feet from any principal structure existing on any other parcel prior to the erection of the wind turbine as measured from the center point of the turbine base unless the owner of such existing principal structure shall have executed a written waiver or nondisturbance easement, covenant or consent, any of the aforementioned which has been recorded in the Office of the Recorder of Deeds of Lackawanna County, Pennsylvania. Such easement or covenant shall run with the land and, at a minimum, provide that the said property owner waives and releases any and all claims, damages and/or losses resulting from higher noise levels, visual impacts or flickering reflections and/or shadows which may arise as a result of the location of a wind turbine generator within the established setback distance of an existing principal structure on the property of the owner executing same. Such easement, covenant or consent shall meet such requirements as to form and content as may be required by the Township. In no event shall the setback distance be less than 1.1 times the total height of the wind turbine as measured from the highest point of the rotor plane.

   f)   Property Lines and Public Roads. No wind turbine shall be located not less than 1.1 times the total height of the wind turbine from property lines and public road rights-of-way as measured from the highest point of the rotor plane.

   g)   Communication and Electric Lines. No wind turbine shall be located not less than 1.1 times the total height of the wind turbine from the nearest above ground public electric power line or public telephone line or other public communication line as measured from the highest point of the rotor plane.

   3)   Wind Energy Facility Design.

   a)   Standards; Certification. The design of the wind energy facility shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanishcer Lloyd Wind Energies, or other similar certifying organizations.

   b)   Generator Capacity. The applicant shall install wind turbine generators of two megawatts nameplate capacity each unless otherwise agreed to by the parties, which comply with all terms and provisions of this agreement.

   c)   Uniform Construction Code. The wind energy facility shall comply with the Pennsylvania Uniform Construction Code.

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

   e)   Electrical Components. All electrical components of the wind energy facility shall conform to relevant and applicable local, State and national codes, and relevant and applicable international standards.

   f)   Warnings. A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.

   g)   Signs. No advertising material or signage other than warning, equipment information or indicia of ownership shall be allowed on the wind turbine generators. This prohibition shall include the attachment of any flag, decorative sign, streamers, pennants, ribbons, spinners, or waiving, fluttering or revolving devices, but not including weather devices.

   h)   Climb Prevention/Locks/Fence.

   i.   Wind turbines shall not be climbable up to 15 feet above ground surface.

   ii.   All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by non-authorized persons.

   iii.   A fence shall be required around each wind turbine support structure and other equipment. The fence shall be a minimum of 8 feet in height.

   i)   Emergency Services. The facility shall comply with all applicable local, State and Federal fire code and emergency services guidelines; and, all wind turbine generators shall be equipped with portable fire extinguishers, unless the local fire department or Township Engineer provides written documentation establishing that the same is not necessary.

   j)   Other Regulations. The applicant shall document compliance with all applicable State and Federal regulations.

   4)   Noise and Shadow Flicker.

   a)   Audible sound from a wind energy facility shall not exceed 45 dBA as measured at the exterior of any occupied building on any other parcel. Methods for measuring and reporting acoustic emissions from wind turbines and the wind energy facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 - 1989 titled “Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems,” Volume I: First Tier.

   b)   The facility owner and operator shall use best efforts to minimize shadow flicker to any occupied building on any other parcel.

   c)   For the purposes of this subclause 4), “occupied building” shall mean a residence, school, hospital, church, public library or other building used for public gathering that is occupied or in use when the permit application is submitted.

   5)   Landscaping. Landscaping shall be required to screen as much of the support structure as possible and any other ground level features (such as a building); and, in general, buffer the wind turbine and support structure site from neighboring properties. Any required vegetation shall be maintained in good condition. The Township may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping.

   6)   Water Supplies. All wind turbine generator sites shall be designed and constructed in such a fashion as to avoid any disruption and or interference with private wells, springs and/or other water sources. In the event any problems occur with any private water source, which problems are proximately caused by the operator, the operator shall immediately supply potable water in such quality and quantity as supplied by the original private water source.

   7)   Licenses. The applicant shall demonstrate that it has obtained the required licenses from the Township and governing State and Federal agencies.

   8)   Access; Required Parking. Access to the wind energy facility shall be provided by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all weather surface for its entire length. If the wind energy facility site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of required parking spaces shall be equal to the number of people on the largest shift.

   9)   Color and Lighting; FAA and PADOT Notice. Wind turbines, including rotors, shall be a nonobtrusive color such as white, off-white or gray. Wind turbines shall comply with all applicable Federal Aviation Administration (FAA) and PADOT Bureau of Aviation regulations. No wind turbine may be artificially lighted, except as required by FAA requirements. If lighting is required, the lighting alternatives and design chosen shall minimize the disturbance to the surrounding views. The applicant shall provide a copy of the response to Notice ofProposed Construction or Alteration forms submitted to the FAA and PADOT Bureau of Aviation.

   10)   Transmission and Power Lines. On-site transmission and power lines between wind turbines shall, to the greatest extent possible, be placed underground.

   11)   Communications Interference. The applicant shall document that the radio, television, telephone or reception of similar signals for nearby properties will not be disturbed or diminished; and, this may be accomplished by remedial measures instituted by the wind energy facility operator.

   12)   Stray Voltage/Electromagnetic Fields (EMF). The operator shall utilize good utility practice to minimize the impact, if any, of stray voltage and/or EMF.

   13)   Water and Sewer. Water, other than for facility cooling and fire suppression purposes, and sewage facilities shall not be permitted at wind energy facility sites to preclude person(s) from living or staying on the site, unless such facilities serve a use otherwise approved in accord with this Chapter.

   14)   Emergency Services. The applicant shall provide details about any fire suppression system installed in any accessory structure or equipment container associated with the wind energy facility. Upon request, the applicantshall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for the wind energy facility.

   15)   Site Plan. A full site plan shall be required for all wind energy facility sites, showing the wind energy facility, wind turbines, building, fencing, buffering, access, and all other items required by this Chapter and the Subdivision and Land Development Ordinance [Chapter 22].

   (e)   Certification. The applicant shall submit certification from a Pennsylvania registered professional engineer that a proposed wind energy facility and support structure will be designed and constructed in accord with accepted engineering practices and all requirements of this Chapter. Within 45 days of initial operation, the owner and/or operator of the wind energy facility shall provide a certification from a Pennsylvania registered professional engineer that the wind energy facility and all structures comply with all applicable regulations.

   (f)   Review Fees. In addition to the normal application fees, the applicant shall pay all professional costs incurred by the Township for review of structural, radio frequency and other technical aspects of the proposal and shall deposit with the Township an amount deemed adequate by the governing body to cover the anticipated costs. If the review costs exceed the deposit, an additional assessment shall be made. If the deposit exceeds the cost, the balance shall be returned to the applicant. No approval shall become effective until all costs have been paid by the applicant.

   (g)   Wind Test Towers. A wind test tower may be erected in any district where wind energy facilities are permitted for a period of 15 months as a conditional use. The test tower shall comply with the setback and other applicable standards in subclause (d), and shall be removed within 15 months of the issuance of the conditional use permit. The Township may require a financial guarantee for the removal of the test tower as provided for wind turbine generators in the Clifton Township Wind Turbine Generator Ordinance [Chapter 26].

[Ord. 2-2007]

   (37)   Race Tracks. As defined in Part 3 a race track is any road course, either oval, circuitous or straight, or any other area where motor vehicles, including but not limited to automobiles, trucks, go-carts, motorcycles, motor scooters, dune buggies and the like, are driven for pleasure, testing or competition; or any course where animals are raced for competition.

   In addition to all other applicable standards, including the Clifton Township Nuisance Ordinance [Chapter 16] , as amended, and the Environmental Impact Statement authorized by paragraph .D, the following additional standards shall apply to race tracks:

   (a)   All areas for the driving, testing and/or maintenance of motor vehicles shall not be less than 200 feet from any property line or public road right-of-way, and shall not be less than 750 feet from any R-1 Zoning District. Greater setbacks and buffers may be required in accord with §27-706.J to address community effects.

   (b)   In addition to the other standards in this subparagraph, the following additional standards shall apply to animal race tracks:

   1)   The race course for any animal race track race track shall not be less than 200 feet from any property line or public road right-of-way. Greater setbacks and buffers may be required in accord with §27-706.J to address community effects.

   2)   Any stable building, corral, kennel or other indoor or outdoor area used for the keeping or feeding of animals, concentrated confinement of animals or manure and animal waste storage shall not be less than 200 feet from any property line or public road right-of-way.

   3)   The applicant shall provide a plan for manure and animal waste management satisfactory to the Board of Supervisors demonstrating that all manure and animal waste will be managed and disposed of in accord with applicable local, State and Federal regulations.

   (c)   All buildings on the race track parcel shall comply with Uniform Construction Code and PA Department of Labor and Industry Standards.

   (d)   All access roads serving the race track shall meet the requirements for collector roads in accord with the Township Subdivision and Land Development Ordinance [Chapter 22].

   (e)   No race shall be conducted between the hours of 9 p.m. and 9 a.m., and all track lighting shall be extinguished by 10 p.m. However, the Township may establish more restrictive time limits and limit the days of operation as a condition of approval.

   (f)   All ATV’s, dirt bikes, go carts and motor cycles shall be equipped with manufacturer’s stock mufflers.

   (g)   All service and repair activities shall be conducted within a completely enclosed building where adequate measures shall be taken to minimize motor noise, fumes, and glare; except that minor servicing such as changing tires, sale of gasoline or oil, windshield washing and other similar normal activities may be conducted outside the said building.

   (h)   All new or used tires and parts shall be stored within a completely enclosed building or area contained by a solid fence to provide screening. Used tires and parts shall not be stored on the premises in excess of what would normally accumulate in a week of normal operation.

   (i)   No vehicles, supplies, parts, or any other material shall be stored in any required setback areas normally required for the district.

   (j)   Adequate parking shall be provided in accord with Part 8 of this Chapter. No area on the lot which is required for the movement of vehicles in and about the buildings and facilities shall be used for complying with the off-street parking requirements of this Chapter. Off-street parking areas and driveways/access ways shall be graded for proper drainage and shall be surfaced to provide a durable and mud-free surface, such as a gravel, concrete or bituminous concrete.

   (k)   Documentation shall be provided that all fuel and fuel storage areas comply with State and Federal requirements.

   (l)   Based on the type and size of the race track, the Board of Supervisors may require the applicant to provide a bond and/or insurance to cover the cost of any environmental clean-up or enforcement action which may be required at the site. The amount of the coverage shall be determined by the Board based on the type and size of the track.

   (m)   The applicant shall provide detailed plans documenting compliance with §27-706.B (Noise Control), §27-706.F (Dust, Dirt, Smoke, Vapors, Gases, Odors, Glare and Heat Control), §27-706.D (Outdoor Storage Control) and §27-706.G (Light, Glare and Heat Control), and any impacts identified in the Environmental Impact Statement required by paragraph .D.

[Ord. 2-2010]

   (38)   Data center standards.

      (a)   Data Centers shall be permitted by conditional use in the Industrial (I) Zoning District when approved in compliance with the procedures, standards, and criteria contained herein.

      (b)   Conditional Use Requirements:

         1)   The parcel or assemblage of adjacent parcels developed as a unified development must have direct access to an arterial or collector street. Parcels divided by a public roadway or land owned by a public utility but owned in common or otherwise developed as a unified development are deemed to be contiguous for the purpose of all area and land mass calculations.

         2)   Woodland standards:

            a)   A woodland buffer of at least fifty (50) feet in depth shall be maintained adjacent to all exterior property boundaries of the Data Center development.

            b)   In the event existing woodlands are insufficient to meet the buffer requirement, additional trees of a type common in the Township and having a minimum caliper width of 2 ½ inches at planting and an anticipated minimum height of 15 feet shall be planted to meet the buffer requirement.

         3)   It shall be demonstrated that there is an adequate second means of ingress and egress suitable for emergency access to the site and such means shall be maintained for the duration of the use.

         4)   Dimensional standards shall be in accordance with Schedule 27-2 (Bulk and Coverage Controls) applicable to the Industrial District, with the following exceptions:

            a)   Generally, building setbacks shall be 60 feet or the height of the building, whichever is greater, from an ultimate right-of-way and shall be 30 feet or the height of the tallest building, whichever is greater, from any other lot line. Parking facilities and loading facilities shall not be constructed within setbacks.

            b)   Where a parcel containing a Data Center, Data Center Accessory Use, or Data Center Equipment adjoins a residential district or a residential use, the building setbacks shall be 100 feet or the height of the building, whichever is greater from the adjoining lot line.

            c)   Maximum building height for a building housing a Data Center shall be 35 feet.

            d)   Maximum building height for all other buildings shall be in accordance with the height standards set forth in the underlying district.

            e)   Data Center Equipment (DCE):

               i.   DCE shall not be located between the building(s) and the street upon which the parcel fronts.

               ii.   DCE shall be separated from all adjacent residential uses by principal buildings.

            f)   The Township may require the applicant to submit an environmental, traffic and/or community impact study to document potential impacts and necessary mitigation measures.

            g)   Data Center Accessory Uses shall comply with all principal building setback standards.

         5)   The provisions and requirements for Data Centers shall be additional and supplemental to the underlying Industrial (I) Zoning District standards; where Data Center standard provisions are more stringent than the Industrial (I) Zoning District standard provisions, and if a parcel is proposed to be developed as a Data Center, the Data Center standard provisions and requirements shall control.

         6)   Water Service:

            a)   The applicant shall submit an analysis of raw water needs (groundwater or surface water) from either private or public sources, indicating quantity of water required. If the source is from a municipal system, the applicant shall submit documentation that the public authority will supply the water needed.

            b)   If the Data Center is to rely upon nonpublic sources of water, a water feasibility study shall be provided. The purpose of the study will be to determine if there is an adequate supply of water for the proposed Data Center and to estimate the impact of the Data Center on existing wells in the vicinity. No Data Center shall be approved without sufficient water supply and no Data Center shall be approved that demonstrates the likelihood of adverse impacts on existing wells in the vicinity. A water feasibility study shall include the following minimum information:

               i.   Calculations of the projected water needs.

               ii.   A geologic map of the area with a radius of at least one mile from the site.

               iii.   The location of all existing and proposed wells within 1,000 feet of the site, with a notation of the capacity of all high-yield wells.

               iv.   The location of all streams within 1,000 feet of the site and all known point sources of pollution.

               v.   Based on the geologic formation(s) underlying the site, the long-term safe yield shall be determined.

               vi.   A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams, and the groundwater table.

               vii.   Identification of how water will be recycled or released into surrounding water bodies.

               viii.   A statement of the qualifications and the signature(s) of the person(s) preparing the study

            c)   Depending on the specific location of the site within Clifton Township, the applicant shall provide proof of review and approval from the Susquehanna River Basin Commission (SRBC) or the Delaware River Basin Commission (DRBC) (whichever has jurisdiction) for projects that have:

               i.   Water withdrawals of 100,000 gallons per day (gpd) or more over a 30-day average from any source or combination of sources within the applicable River Basin.

               ii.   Any consumptive water use of 20,000 gpd or more over a 30-day average from any water source.

         7)   Electric Service:

            a)   The applicant shall provide an interconnection agreement from the applicable electric service provider indicating that the necessary capacity is available, and the data center will be served. Known impacts on electric rates or availability for others uses directly attributable to the data center project shall be noted.

         8)   Noise Control:

            a)   For Data Center uses, it shall be demonstrated through a sound study conducted by a professional acoustical expert that the installation of one or more sound reducing materials or systems, approved by the Township professional acoustical expert, will effectively reduce the sound generated by the Data Center and associated DCE during normal operations and testing and maintenance operations (i.e. all standby emergency equipment, including but not limited to generators) to a maximum daytime (7:00 AM to 8:00 PM Monday-Friday) decibel level of 67 dB(A) and a maximum nighttime (8:00 PM to 7:00 AM Monday-Friday and all day Saturday and all day Sunday) decibel level of 57 dB(A) as measured from all external property lines of the Data Center use. Such sound study or studies shall be conducted using Sound Level Meters described in ANSI S1.4-2014 and using generally accepted criteria. A sound study shall be conducted at the following phases:

               i.   A preliminary sound study for the Data Center and associated DCE shall be conducted as part of the Conditional Use process. The preliminary sound study shall recommend the sound reducing materials or systems to meet the aforesaid sound limits.

               ii.   An interim sound study shall be conducted during the building permit process based upon the proposed user or users of the Data Center and associated DCE depicted on the building plans. The sound reducing materials or systems recommended by the interim sound study shall be incorporated into the construction plans for the Data Center.

               iii.   An as-built sound study shall be conducted six months after issuance of the certificate of occupancy for any Data Center and associated DCE prior to the final escrow release for any Data Center land development phase. An as-built sound study may also be required thereafter by the Township upon request.

               iv.   If it is determined by an as-built sound study that there is a violation of the aforesaid sound limits, then the owner or occupant of the Data Center shall promptly remediate the violation.

               v.   In the event of a failure by the owner or occupant to remediate a sound violation, the Township may revoke any zoning permit(s) previously issued for the Data Center.

[Ord. 3-2025]

   D.   Required Information and Reports for Conditional Use Applications. The Township Planning Commission and Township Supervisors may require the applicant for a conditional use to prepare and submit additional information such as community impact analysis, environmental impact assessment, traffic impact analysis and any other reports as they deem necessary for their review and consideration of the application.

   (1)   Environmental Impact Statements.

   (a)   The purpose of this environmental impact statement is to disclose the environmental consequences of a proposed action. This requirement is made in order to protect the natural environment with respect to water quality, water supply, soil erosion, pollution of all kinds, flooding and waste disposal. The intent is to preserve trees and vegetation, to protect water courses, air resources and aquifers.

   (b)   An environmental impact statement shall include a response to the following items pertaining to a proposed development and said proposal shall comply with all other standards included in this Chapter and other Township ordinances:

   1)   Soil Types

   a)   USDA Soil Types (shown on map)

   b)   Permeability of soil on the site

   c)   Rate of percolation of water through the soil for each 5 acres.

   2)   Surface Waters.

   a)   Distance of site from nearest surface water and head waters of streams.

   b)   Sources of runoff water.

   c)   Rate of runoff from the site.

   d)   Destination of runoff water and method of controlling down-stream effects.

   e)   Chemical additives to runoff water on the site.

   f)   Submission of an erosion and sediment control plan meeting the requirements of the Pennsylvania DEP and the Lackawanna County Conservation District. [Ord. 3-2008]

   g)   Said information shall be set forth in a stormwater management plan meeting the requirements of the Clifton Township Subdivision and Land Development Ordinance [Chapter 22].

   3)   Ground Cover, Including Trees.

   a)   Extent of existing impervious ground cover on the site.

   b)   Extent of proposed impervious ground cover on the site.

   c)   Extent of existing vegetative cover on the site.

   d)   Extent of proposed vegetative cover on the site.

   4)   Topography.

   a)   Maximum existing elevation of site.

   b)   Minimum existing elevation of site.

   c)   Maximum proposed elevation of site.

   d)   Minimum proposed elevation of site.

   5)   Ground Water.

   a)   Average depth to seasonal high water table.

   b)   Minimum depth to water table on site.

   c)   Maximum depth to water table on site.

   6)   Water Supply.

   a)   The source and adequacy of water to be provided to the site.

   b)   The expected water requirements (gpd) for the site.

   c)   The uses to which water will be put.

   7)   Sewage System.

   a)   Sewage disposal system (description and location on the site of system).

   b)   Expected content of the sewage effluent (human waste, pesticides, detergents, oils, heavy metals, other chemicals).

   c)   Expected daily volume of same.

   d)   Affected sewage treatment plant’s present capacity and authorized capacity.

   8)   Solid Waste.

   a)   Estimated quantity of solid waste to be developed on the site during and after construction.

   b)   Method of disposal solid waste during and after construction.

   c)   Plans for recycling of solid waste during and after construction.

   9)   Air Quality.

   a)   Expected changes in air quality due to activities at the site during and after construction.

   b)   Plans for control of emissions affecting air quality.

   10)   Noise.

   a)   Noise levels, above existing levels, expected to be generated at the site, (source and magnitude), during and after construction.

   b)   Proposed method for control of additional noise on site during and after construction.

   11)   Impact of Proposed Use. A description of the impacts on the environment and mitigating factors shall be provided for the following:

   a)   Existing plant species, (upland and marine) and effects thereon).

   b)   Existing animal species and effects thereon.

   c)   Existing wildfowl and other birds and effects thereon.

   d)   Effects on drainage and runoff.

   e)   Effects on ground water quality.

   f)   Effects on surface water quality.

   g)   Effects on air quality.

   h)   Alternatives to proposed development, consistent with zoning of the tract.

   i)   Effects on sites of historic significance.

   12)   Critical Impact Areas. In addition to the above, plans should include any area, condition, or feature which is environmentally sensitive, or which if disturbed during construction would adversely affect the environment.

   a)   Critical impact areas include, but are not limited to, stream corridors, streams, wetlands, estuaries, slopes greater than 15 percent, highly acidic or highly erodible soils, areas of high water table, and mature stands of native vegetation and aquifer recharge and discharge areas.

   b)   A statement of impact upon critical areas and of adverse impacts which cannot be avoided.

   c)   Environmental protection measures, procedures and schedules to minimize damage to critical impact areas during and after construction.

   d)   A list of all licenses, permits and other approvals required by Township, County or State law and the status of each.

   e)   A listing of steps proposed to minimize environmental damage to the site and region during and after construction.

   13)   In addition to the above requirements the Planning Commission and/or Board of Supervisors may require such other information as may be reasonably necessary for the Township to evaluate the proposed use.

   14)   The environmental impact statement shall be prepared by a professional architect, landscape architect, planner, engineer or other qualified individual whose qualifications have been previously approved by the Planning Commission and Board of Supervisors.

   15)   Procedures for evaluating the environmental impact statement shall be as follows:

   a)   Upon receipt of the application the Secretary of the Planning Commission shall forward the environmental impact statement to the Township Engineer and any other agency or firm which the Planning Commission may desire for consultation.

   b)   The above mentioned agencies shall review the applicant’s environmental impact statement and shall report its comments within 30 days of the date of submission of the environmental impact statement to the Planning Commission.

   c)   The Planning Commission and/or Board of Supervisors may require the opinion of experts in their review of the environmental impact statement.

   d)   Fees for the costs of such consultation as described in items a) and c) above shall be paid by applicant.

   e)   Copies of the environmental impact statement shall be on file and available for inspection in the Township office.

   f)   The Planning Commission shall evaluate the proposed project and the environmental impact statement and recommend action on same to the Board of Supervisors.

      (1)   The home occupation must be conducted entirely inside a building and shall be clearly incidental and secondary to the use of the dwelling as a residence.

      (2)   In the R-1 District the total area used by all home occupations on the premises does not exceed 25 percent of the gross floor area of the dwelling unit, including basement, and accessory structures as existed at the effective date of this Chapter. In all other districts the total area shall not exceed 50 percent.

      (3)   No outdoor display or display visible from outdoors, or outdoor storage of materials, goods, products, supplies, or equipment used in the home occupation(s) shall be permitted.

      (4)   There shall be no evidence visible from outside the dwelling (show windows, business displays, advertising, etc.) that the residence is being operated as a home occupation except for a sign, if permitted, and required parking area.

      (5)   In the R-1 District the home occupation shall be conducted only by members of the family residing in the dwelling and not more than one person other than residents of the dwelling shall be employed on the premises. In all other districts, the number of nonresident employees shall not exceed three.

      (6)   Off-street parking shall be provided on the premises as required by this Chapter to prevent parking on any public or private street right-of-way.

      (7)   No home occupation use shall generate nuisances such as traffic, noise, vibration, glare, odors, fumes, electrical interference, or hazards to any greater extent than what is usually experienced in the residential neighborhood.

         (8)   No goods or items for retail or wholesale sale shall be permitted except for items handcrafted on the premises or goods and items incidental to the operation of an approved home occupation with the total display and/or storage area limited to 200 square feet.

      (9)   The use shall not involve the parking of more than one truck of any type on the lot or on adjacent streets at any period of time. The use shall not require servicing by, deliveries by or parking of tractor-trailer trucks. In the R District, the use shall not require the parking or servicing by a vehicle with more than 26,000 pounds registered gross vehicle weight, except for deliveries of a maximum of two times per day.

      (10)   One home occupation sign not exceeding 2 square feet in size shall be permitted.

      (11)   The following uses shall not be permitted as home occupations: commercial stables, veterinarians, commercial kennels or motor vehicle or small engine repair shops, retail or wholesale sales, restaurant, funeral parlors or other uses not meeting the requirements of this paragraph .A.

      (12)   The following types of uses shall be permitted as accessory uses in all districts:

         (a)   Professional offices for individual practitioners.

         (b)   Rooming and/or housing of not more than two persons.

         (c)   Custom dressmaking or tailoring.

         (d)   Day care that provides care for six or fewer children at any one time who are not relatives of the care giver.

         (e)   Tutoring for not more than four children simultaneously.

         (f)   Mail order or sales businesses not involving customer contact on the premises or wholesale brokering not involving stock on the

         (g)   Businesses involving the use of personal computers for sales or services and which do not involve customer contact on the premises.

         (h)   Single practitioner beauty shops and barbershops.

      (13)   All applications for home occupations not specifically enumerated as permitted in subpargraph (9) or excluded by subpargraph (11) shall be considered conditional uses.

      (2)   Fences and Walls. Fences and walls in the side and rear yard areas shall not exceed 6 feet in height, except tennis court fences which may not exceed 10 feet in height, and no closer than 1 foot to a property line or easement line. Fences or walls placed in the front yard, except behind the building setback line, shall not exceed 5 feet in height.

      (1)   A tennis court shall be located in either a rear or side yard and shall not be closer to a property line than 20 feet. Tennis court fences shall be permitted, but they shall not be closer than 10 feet to a property line.

      (1)   No part of the wind turbine generator structure shall be located closer to any property line or road-right-of-way than the height of the structure as measured from the highest point of the rotor plane plus 10 feet. The maximum height of the wind turbine generator shall be 100 feet measured from the highest point of the rotor plane.

      (2)   Guy wire anchors shall not extend closer than 10 feet to any property line or road-right-of-way.

      (3)   Noise from the accessory wind turbine generator shall comply with §27-706.B. The level, however, may be exceeded during short-term events such as utility outages and/or severe wind storms.

      (4)   The windmill shall be sited to minimize to the greatest extent possible shadow flicker on adjoining properties.

      (5)   Applications for accessory wind turbine generators shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings documenting compliance with the Uniform Construction Code and PA Department of Labor and Industry Standards. The generator and support structure shall be installed in accord with all Uniform Construction Code and manufacturer requirements.

      (6)   The windmill support structure shall be designed or fenced and locked to prevent climbing.

      (7)   Accessory wind turbine generators shall comply with applicable FAA regulations.

      (8)   The windmill shall be immediately removed when it is no longer in service and failure to do so shall constitute a zoning violation.

Note: Other sections of this Chapter may require larger lot sizes, setbacks or more restrictive standards for specific uses.

 

NOTES:

- Minimum lot width shall be measured at the required front yard.

- Minimum lot area and lot width for residential uses applies to the minimum lot area and width per dwelling unit.

- Minimum lot sizes and widths for nonresidential uses shall be governed by areas necessary for all proposed and required facilities, in addition to meeting yard and maximum percent of lot coverage requirements.

- Community subsurface sewage disposal systems and spray irrigation sewage disposal systems shall not be defined as Central sewer systems and their use shall not qualify a land subdivision or land development for the allowed higher density of development a specified in Column (1) or (2) of Schedule 27-2.

(Ord. 1-1989, 11/18/1989, Schedule II; as amended by Ord. 2-2003, 10/11/2003, §16; and by Ord. 2-2010, 9/9/2010, Item 3)