All provisions of Chapter 200, Subdivision and Land Development, of the Code of the Township of Codorus shall be met.

A plan for the layout and design of the mobile home park and/or subdivision, including a legal description and clearly setting forth, but not limited to the following information:

Boundaries of the tract.

The extent and area to be used for parking purposes.

Driveways and entrances, exits, roadways and walkways.

Location and number of sanitary facilities, including washrooms, laundry rooms, drying space, utility rooms and toilets.

Location of the sites for mobile homes.

Plan for electric lighting and service connections.

Method and plan for solid waste removal.

Method and plan for sewage disposal.

Method and plan for water supply and distribution.

Method and plan for stormwater drainage system.

The alignment of one or more of the existing principal buildings on each side of the lot proposed as the location for a new principal building and within a distance of 200 feet of the proposed building and fronting on the same side of the same road or street is more proximate to the center of the road or street than the required minimum front setback line; and

The proposed principal building will be located so that it is in alignment with the principal buildings on each side of the lot within a distance of 200 feet of the proposed building; and

The resulting front setback is not less than 35 feet from the center line of the road or street.

New accessory buildings may be located within the minimum required front setback or front yard area only if:

New accessory buildings or structures may be located in the existing front yard area as defined in relation to the principal building only if:

School bus shelters and cornices, chimneys, steps, canopies, and similar extensions, but not including porches or patios whether covered or not.

Open fireproof fire escapes.

Eaves.

Hedges, fences or walls less than six feet in height above the natural grade except that on a corner lot in any residential district, no fence, wall, hedge or other structure or planting more than 2 1/2 feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line adjoining said street lines at points which are 25 feet distant from the point of intersection, measured along said street lines.

That a special exception has been obtained if required by the provision of Subsection B hereof.

That a land development plan including a stormwater management plan and an erosion and sediment control plan for the site meeting the requirements of Chapter 200, Subdivision and Land Development, has been approved by the Township. The land development plan must establish that all manure storage facilities will be located in accordance with the applicable setbacks set forth in 25 Pa. Code Chapter 83 and approved Nutrient and Odor Management Plans and all carcass storage facilities or composting facilities and other structures or facilities to be used in connection with the CAFO will be located in accordance with an approved Odor Management Plan.

That all animal concentration areas, manure storage facilities and/or carcass storage or composting facilities and other buildings or structures have been designed in accordance with all applicable federal, state and local laws and regulations, including, but not limited to, those of the Department of Environmental Protection set forth in 25 Pa. Code Chapters 83 and 91 and those of the Environmental Protection Agency set forth in Title 40 of the Code of Federal Regulations and that a Pennsylvania registered professional engineer has certified that the design of the manure storage facilities are in accordance with such applicable federal, state and local laws and regulations and that all permits required by such laws and regulations have been obtained.

That if new or additional driveway access from a public road will be utilized, a driveway permit has been approved.

That the proposed operation has received an NPDES permit from the Pennsylvania Department of Environmental Protection as agent for the United States Environmental Protection Agency and has filed a copy thereof with the Township.

That an Operators Site Specific Nutrient Management Plan has been approved by the State Conservation Commission or its designated agent with a copy provided to the Township.

That an Odor Management Plan and Odor Site Index Plan approved by the State Conservation Commission or its designated agent has been submitted to the Township.

If not included within an approved Nutrient Management Plan submitted to the Township, the applicant must provide to the Township emergency contact information.

If the proposed manure storage facility is to incorporate a leak detection system, the applicant must provide the Township with an identification and description of the recordkeeping and inspection requirements with respect to such system.

A special exception to be granted by the Zoning Hearing Board shall be required prior to issuance of a building permit to construct any buildings or other structures to be utilized in connection with a CAFO. The application will be reviewed by the Zoning Hearing Board pursuant to the provisions of § 250-107 of this chapter. In addition to the general standards set forth in § 250-107 [except § 250-107C(7)], the applicant must establish that all requirements set forth in § 250-39A(2) through (9) as prerequisites for obtaining a building permit have been met.

Any special exception granted by the Zoning Hearing Board shall impose only such additional conditions as are permitted by Section 912.1 of the Pennsylvania Municipalities Planning Code (53 P.S. § 10912.1). Any special exception shall be specifically conditioned upon continued compliance with all the requirements of this § 250-39, and all other relevant provisions of this chapter and with all the requirements of 25 Pa. Code Chapters 83 and 91 and with the implementation of all provisions of the proposed Odor Control Plan and with the representations set forth in the application.

That the Township Engineer has certified that proposed stormwater management facilities have been constructed consistent with the requirements of the approved land development plan and the stormwater management plan submitted in conjunction with the land development plan.

That a registered professional engineer employed by the Township or by a Commonwealth agency has certified that all driveways, buildings, animal concentration areas, manure storage facilities, carcass storage facilities, carcass compost facilities and other associated buildings and structures which have been permitted have been constructed in accordance with the plan submitted to the Township and in accordance with all applicable federal, state and local laws and regulations, including, but not limited to, those of the Pennsylvania Department of Environmental Protection as set forth in 25 Pa. Code Chapters 83, 91 and 92, those promulgated by the United States Environmental Protection Agency as set forth in Title 40 of the Code of Federal Regulations and in accordance with the building permit issued by the Township.

All requirements imposed by any NPDES permit have been completed and approved by the Pennsylvania Department of Environmental Protection.

That the applicant has filed with the Township a plan for the disposal of dead animals consistent with the requirements of the Pennsylvania Department of Environmental Protection and the Domestic Animal Law, 3 Pa.C.S.A. § 2352.

That there has been provided to the Township copies of all waivers, permits, approved plans or other documentation required by the Pennsylvania Department of Environmental Protection and/or the United States Environmental Protection Agency prior to commencement of operations.

Any Use Certificate shall be specifically conditioned upon continued compliance with all the requirements of this § 250-39, and all other relevant provisions of this chapter and with all the requirements of 25 Pa. Code Chapters 83 and 91, with the implementation of all provisions of the proposed Odor Control Plan and with the representations set forth in the application.

The holder of the Use Certificate must ensure that the documentation filed with the Township to meet the requirements of § 250-39 are maintained current to permit continuing operation of the use. Copies of modifications, amendments and/or termination of any of those documents must be forwarded to the Township within 30 days following modification, termination or approval of such amended plans or permits.

The owner of the parcel where the CAFO is located must ensure that all provisions of this chapter, all provisions of the Nutrient Management Plan, all provisions of the NPDES permit, all provisions of the Odor Control Plan and all provisions of the approved Land Development Plan, including Stormwater Management Plan and Erosion and Sediment Control Plan are complied with.

The owner must inform the Township of any changes in the owner's plan of operation, such as an increase in the number of animals beyond that set forth in the special exception application which would cause the operation to be inconsistent with the special exception application and apply for and obtain a modification of his special exception before implementing such changes.

The owner must, before the first day of any calendar year, provide to the Township copies of all reports of any state inspections of any leak detection system during the prior calendar year.

It shall be the responsibility of the owner of the property where any CAFO is located to demonstrate to the Township continuous compliance with the requirements of this chapter and supply such documentation as is reasonably requested by the Township in order to verify such compliance.

Vibrations. Machines or operations which cause vibrations shall be permitted, but in no case shall any such vibrations be perceptible along any adjoining or adjacent property in different ownership or public right-of-way.

Emissions. The emissions of dust, smoke, refuse matter, odor, gas, fumes, noise or similar substances of conditions which can endanger the health, safety or general welfare or which can cause any soiling or staining of persons or property at any point beyond the property line of the use creating the emission are hereby prohibited.

Fencing. A ten-foot fence that completely encloses the portion of the property in which an open excavation or quarry is located shall be provided and shall be so constructed as to have openings no larger than six inches and, if pickets are used, the openings shall not exceed six inches.

Buffer planting. Where adjacent to Residential Districts, trees and shrubs must be planted to screen the operation from normal view. The same shall be applicable when such operation is adjacent to a public right-of-way.

Grading. All excavations shall be graded in such a way as to provide an area which is harmonious with the surrounding terrain and not dangerous to human or animal life.

Access. Truck access to any excavation shall be so arranged as to minimize danger to traffic and nuisance to surrounding properties.

Residential. When adjacent to Residential Districts, no stockpiles, waste piles, processing or manufacturing equipment and no part of the open excavation or quarrying pit shall be located closer than 500 feet from the Residential Districts.

Street. From the right-of-way line of a public street or highway, no part of a quarrying or excavating operation shall be closer than 100 feet. Where both sides of the right-of-way are in a quarry or excavation operation in single ownership, the required street setback may be reduced to 50 feet on each side of the right-of-way.

Where an extractive property abuts another extractive property or an operating railroad's right-of-way, no part of the operation shall be closer than 75 feet from the abutting extractive property or the railroad's right-of-way.

Final grading by contours.

Interior road pattern, its relation to operation yard and points of ingress and egress to state and Township roads.

Estimated amount and description of aggregate and overburden to be removed.

Ultimate use and ownership of site after completion of operation.

Source of water if final plan shows use of water.

Plan of operation showing:

The home occupation shall be carried on only by members of the immediate family of the operator residing on the lot where the home occupation will be located and a maximum of two nonresident employees.

The character or external appearance of the dwelling unit or accessory structure must be that of a dwelling or its accessory structure. No display of products may be shown so as to be visible from outside the dwelling or the accessory structure. A nameplate not larger than nine square feet in area is permitted.

Not more than 30% of the habitable floor area of a dwelling unit may be devoted to a home occupation.

In addition to the required parking for the dwelling unit, additional off-street parking is required as follows:

If the home occupation meets all of the following requirements, it shall be permitted in any zone upon receipt of a Use Certificate to be issued by the Township Zoning Officer:

The applicant must include with the application for a Use Certificate such drawings as will enable the Zoning Officer to have an adequate record of the location and extent of the proposed use. The applicant must also supply to the Zoning Officer such information as will enable the Zoning Officer to ensure that all of the above-enumerated requirements as well as the requirements of § 250-46A will be met. The Use Certificate once issued shall continue in effect as long as there is no change in the nature or extent of the use and all of the requirements of § 250-46A and B continue to be met.

Copies of these requirements will be attached to the Use Certificate.

The premises will be kept neat and orderly and there will be no outdoor storage of the following:

The use will not involve any waste product other than domestic sewerage or municipal waste (as defined in the Solid Waste Management Act).

The use will not involve noise audible to neighboring residents between 6:00 p.m. and 7:00 a.m. The Zoning Hearing Board may require as a condition to any special exception that the applicant put in noise insulation and take other action so as to minimize audible noise during the period 7:00 a.m. to 6:00 p.m. If the Zoning Hearing Board determines that the use will involve unreasonable noise which cannot be satisfactorily reduced by insulation and other action by the applicant, the application shall not be approved.

The use will not result in a substantial increase in traffic. A 20% increase in traffic shall be regarded as substantial.

If a new building is to be constructed or an existing accessory building is to be enlarged to accommodate the proposed use, the building after enlargement or construction shall not have a ground floor area in excess of 50% of the ground floor area of the dwelling unless the building is at least 500 feet from any neighboring residence.

The use shall not create dust or odors beyond the property of the owner of the use.

That the small business be conducted in a building which was in existence on December 7, 1974.

That the building which is to be used for the small business, if in the Agricultural District, has no functional utility in connection with the agricultural use of the tract of land where the building is located.

That the small business be conducted by either the owner of the tract of land where the small business is located or by an ancestor or direct descendant of the owner, and either the owner or operator of the business resides on the tract of land where the business is located.

That the premises will be kept neat and orderly and there will be no outdoor storage of the following:

That the use will not involve any waste product other than domestic sewerage or municipal waste (as defined in the Solid Waste Management Act).

That the use will not involve noise audible to neighboring residents between 6:00 p.m. and 7:00 a.m. The Zoning Hearing Board may require as a condition to any special exception that the applicant put in noise insulation and take other action so as to minimize audible noise during the period 7:00 a.m. to 6:00 p.m. If the Zoning Hearing Board determines that the use will involve unreasonable noise which cannot be satisfactorily reduced by insulation and other action by the applicant, the application shall not be approved.

That the use will not result in a substantial increase in traffic. A 20% increase in traffic shall be regarded as substantial.

That the use shall not create dust or odors beyond the property of the owner of the use.

That there will not be more than six employees, including the owner of the small business.

That, prior to obtaining a permit for this use, the owner must have obtained a permit to install a sewage disposal sized in accordance with needs of the business and must install the system before commencing the use.

The size and shape of the building may not be altered, although the inside may be reconverted and larger doors installed.

In addition to the required parking for the dwelling unit, additional off-street parking on a stone or macadam surface is required as follows:

The following requirements shall apply to all group homes:

If the proposed group home meets all of the requirements of Subsection A(1) hereof, and all of the requirements for the location of a "dwelling unit" in the zone where it is proposed to be located and will house eight or fewer persons, it shall be permitted as a "dwelling unit" in any zone upon receipt of a Use Certificate to be issued by the Zoning Officer. If such group home is in the Agricultural District, the group home shall reduce the number of dwelling units permitted the tract of land by § 250-16A of this chapter by one. Such group home may not make modifications to the dwelling which would detract from its residential character excepting modifications taken in order to comply with the Fair Housing Act or with the Americans with Disabilities Act.

If the proposed group home meets all of the requirements of Subsection A(1) hereof but will house more than eight persons, it shall be permitted by special exception in the Rural-Suburban Residential District and the General Commercial District. In addition to the general requirements of § 250-107 of this chapter and the requirements of Subsection A(1) hereof, the applicant must establish the following:

Hospital, nursing home or convalescent home, personal care home and adult day-care center shall be permitted by special exception in the General Commercial District and in the Rural-Suburban Residential District.

Domiciliary care unit shall be permitted as an accessory use by right in every district.

Medical center, office or clinic shall be permitted as a permitted use in the Rural Residential District, the Rural-Suburban District and the General Commercial District and by special exception in the Agricultural District.

Pumps: 15 feet.

Building: 40 feet.

Minimum offset from intersection of street right-of-way lines: 40 feet.

Side lot line offset: 10 feet.

Minimum width: 12 feet.

Maximum width: 35 feet.

Minimum separation of drives on same lot: 25 feet.

Control of lighting.

Design and maintenance of structures.

Use of planting screens or attractive fences.

Placement of structures on the site.

Appropriate control of use.

Prompt removal of solid waste material.

That the location of the child day-care center meets all of the requirements of this chapter regarding the location of buildings.

In the event the facility requires certification and/or licensing from state and/or federal agencies to permit its operation, the applicant must establish that it has or will be able to secure such certifications and licenses.

There must be a fenced play area.

No portion of a residence may be used as a child day-care center and no portion of a child day-care center may be used as a residence.

There must be one parking space for each employee of the center and an off-street area where children can be dropped off and picked up.

The lot on which the use is located must be at least two acres in size.

The location of the nursery school must meet all of the requirements of this chapter regarding the location of buildings.

In the event the facility requires certification and/or licensing from state and/or federal agencies to permit its operation, the applicant must establish that he has or will be able to secure such certifications and licenses.

There must be a fenced play area which is located outside the front yard area.

No portion of a nursery school may be used as a residence and no portion of a residence may be used as a nursery school.

That unless the application is to locate in the General Commercial District, the applicant must establish that it is a nonprofit organization and exempt from federal tax pursuant to the provisions of Section 501(c) of the Internal Revenue Code. Any Use Certificate granted shall terminate immediately if the owner or operator loses its status as a nonprofit organization or is an exempt organization pursuant to Section 501(c) of the Internal Revenue Code.

There must be at least one parking space for each employee of the nursery school in addition to at least one parking space per five children served.

There must be a designated off-street area where children can be dropped off and picked up.

Permitted uses shall be limited to single-family dwellings, single-family semidetached dwellings, row dwellings and multifamily dwellings in addition to the uses otherwise permitted in the underlying zones. In addition, neighborhood commercial enterprises are permitted in developments of 50 acres or more with a maximum limit of 1,200 square feet per commercial use, not to exceed 2% of the total development acreage.

Public facilities.

Tract standards. Open space development shall meet the following tract standards:

As part of the site planning process for the cluster development, the applicant shall be required to prepare a detailed natural and cultural features inventory of the site. Such features as may be determined by the Board of Supervisors to represent significant or sensitive natural or cultural features shall become all or part of the required common open space. The site plan must identify, describe and plot each of the following found on the proposed site:

In addition, subject to approval by the Township, the applicant can include proposed parklands to be dedicated to the Township within required common open space if such parklands comply with the following:

The following areas may not be calculated as part of the common open space: streets, private yards, minimum required spacing between buildings, parking areas and buffer areas on individual residential lots, and land utilized for the location of public utility facilities.

The common open space areas shall be accessible to all residents unless it is being farmed. Pedestrian ways shall interconnect residential units and common open space areas and adjoining developments, commercial and town center areas.

Common open space areas shall be designed as a continuous system of usable area. The areas designated as common open space shall form a unified system of compact, not scattered, open space.

Future development or sale of common open space shall be prohibited except as provided in this chapter.

An offer of dedication to the Township; however, the Township shall not be obligated to accept dedication of the common open space. Generally, the Township will only accept those areas which will benefit the Township recreation/park system and which will be practical for the Township to maintain.

With permission of the Township and with appropriate deed restrictions in favor of the Township and in language acceptable to the Township Solicitor, the developer may transfer ownership of the common open space, or a portion thereof, to a private, nonprofit organization among whose purposes is the preservation of open space land and/or natural resources. The organization shall be a bona fide conservation organization with a perpetual existence, the conveyance must contain appropriate provision for reverter or retransfer if the organization is unable to carry out its functions, and the organization must enter into a maintenance agreement with the Township.

Alternatively, the developer may provide for and establish an automatic membership property owners association made up of the owners of property in the open space development, as a nonprofit corporation to have primary responsibility for the ownership, administration and maintenance of the common open space with each lot owner within the open space development to have secondary responsibility for such maintenance. Such organization shall be organized and be given rights, powers, obligations, and duties in a manner generally consistent with the requirements for "unit owners associations" as set forth in the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq. If such an organization is formed, the developer must submit a detailed statement, including the organizational documents establishing the property owners association and all covenants, agreement or other documents indicating the ownership, method of maintenance and utilization of the open space area(s) within the development. The provisions of all such organization documents and other covenants, agreements and documents insofar as they relate to the ownership and maintenance of the common open space must be reviewed and approved as adequate by the Township Solicitor. The covenants and agreements shall be perpetual and shall be recorded prior to or simultaneously with the approved plan.

If a portion of the common open space is to be used for agricultural purposes, the plan may propose that such portion of the common open space be transferred to a person or other entity who will farm the land. Prior to the transfer of any common open space for agricultural purposes, a permanent conservation easement in favor of the Township, in language acceptable to the Township Solicitor, shall be imposed against such lands. The conveyance shall contain appropriate provisions for the retransfer or reverter to the Township or any association or trustee holding the remainder of the common open space in the event the land ceases to be used for agricultural purposes.

In the event the organization established to own and maintain the common open space or any successor organization shall at any time after the establishment of the cluster residential development fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Township shall inform such organization, utilizing the name and address as set forth in the records contained in the York County Court House utilized for the assessment of real estate taxes, either personally or by certified mail, of the inadequate maintenance and the steps needed to correct the deficiencies. In addition, the Township shall inform, either personally or by certified mail, one or more owners of lots within the cluster residential development of the inadequate maintenance and the action needed to correct such inadequate maintenance. The organization established to own and maintain the common open space or successor organization and/or the individual lot owners informed of such inadequate maintenance shall cause such maintenance, as is necessary to correct the deficiencies set forth by the Township, to be completed within 60 days from the date such notices are sent. Upon failure to do so, the Township shall have the right of entry onto the common open space for the purpose of performing the maintenance found necessary to correct the stated deficiencies.

Street layout. All lots shall front on the interior street network. No lot shall front on an arterial or collector road.

Dimension requirements. The following dimensional requirements shall apply to dwelling unit types permitted.

Lots. Minimum lot area, width and setbacks shall be provided as shown on the following schedule.

Parking is unlikely to occur along the street because:

There will be one-way rather than two-way traffic along the street.

The owner shall first determine the acreage of developable ground which he wishes to allocate to each type of dwelling unit consistent with the limitations of Subsections E through H and Subsection K above.

No more than 40% of any lot area may be covered with buildings or structures.

No more than 60% of any lot area may be covered with impervious surfaces.

Continuation. Any nonconforming structure may remain, although such structure does not conform to the dimensional requirements of this chapter.

Restoration. If any nonconforming building or structure shall be destroyed or damaged by reason of wind, storm, fire, explosion or other act of God, or torn down by the owner thereof, such building or structure may be restored or rebuilt at its original location provided that the original location is at least 16 1/2 feet from the center line of a public road or at an alternate location provided the alternate location does not involve a greater encroachment into the required setback or yard area than did the original location and provided such restoration or reconstruction is commenced within one year of the date of the casualty and it is completed within one year thereafter. Unless such building or structure is restored or reconstructed as set forth above, it shall be considered abandoned and shall not be restored or reconstructed except in conformance with the provisions of this chapter.

Extension, expansion or alteration. A nonconforming building or structure may be extended, expanded or altered provided the extension, expansion or alteration does not involve a greater encroachment into the required setback or yard area than did the original building or structure, provided such extension, expansion or alteration is at least 16 1/2 feet from the center line of a public road or street.

In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any "tract" as defined in this chapter in existence December 7, 1974.

This provision shall apply even though such tract fails to meet requirements of side, front or rear yards or the minimum lot area requirements applicable in the district in which the lot is located.

Deed prior to December 4, 1974.

Any nonconforming use may be continued indefinitely although such use does not conform to the provisions of this chapter. Unless specifically provided by the Zoning Hearing Board for a particular use, no change of title or position or any other change in status of a property on which a nonconforming use exists shall prevent the continuance of such nonconforming use.

Extension or expansion. An expansion of a nonconforming use which may involve expansion of a building or structure may be approved by the Zoning Hearing Board in accordance with the following criteria:

Change of use. Once changed to a conforming use, no building, structure or land shall be permitted to revert to a nonconforming use. The Zoning Hearing Board may by special exception permit a nonconforming use to be changed to another nonconforming use or a combination of nonconforming uses that may but need not include the original nonconforming use. The Zoning Hearing Board shall require that:

Abandonment. A nonconforming use of a building or land shall be adjudged as abandoned when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of one year from the date of cessation or discontinuance. Such use shall not thereafter be reinstated and the structure shall not be reoccupied except in conformance with this chapter. Abandonment regulations shall not apply to agricultural uses except uses in violation of § 250-77 of this chapter. Abandonment shall commence when reasonable efforts to re-establish a nonconforming use have ceased.

There shall be provided separate toilet rooms for each sex. Flush toilets shall be provided with an adequate water supply in the ratio of one men's toilet and one ladies toilet for each eight cabins, trailer sites, tent sites, or camper sites or fraction thereof. Toilet rooms shall contain lavatories with hot and cold water in the ratio of one lavatory to every two or fewer water closets.

Separate bathing facilities for each sex shall be provided with one shower enclosed in a compartment at least four feet square for each eight cabins, tent sites, camper sites, or trailer sites, or fraction thereof. Each shower compartment shall be supplemented by an individual dressing compartment of at least 12 feet square.

Laundry facilities shall be provided in the ratio of one double tray and one ironing board for each 10 campsites, cabin sites, cabins, trailer sites, or camper sites.

Floors of toilets, showers, and the laundry shall be of concrete, tile, or similar material impervious to water and easily cleaned and pitched to a flood drain.

Automobiles, busses, vans, recreational vehicles and other vehicles of the type required to be registered for highway operation pursuant to the provisions of Chapter 13 of the Pennsylvania Motor Vehicle Code but not a) displaying a currently valid registration or b) displaying a currently valid certificate of inspection and approval issued pursuant to Chapter 47 of the Pennsylvania Motor Vehicle Code; provided, however, there may be permitted one such vehicle on each parcel within the Rural Residential District or within the Rural-Suburban Residential District and two such vehicles per parcel in the Agricultural District and in the General Commercial District.

Tire stockpiles.

Motor vehicle parts, appliances, appliance parts, pieces of iron, steel cans or other such material.

Junk as defined in this chapter.

With the established street grade; or

With the existing street grade where none is established.

In order to protect the adjoining property owners, and to aid in preserving and protecting the natural beauty and character of the landscape, no change in the existing topography of any land may be made which would:

In no case may any slope exceed the normal angle of slippage of the material involved. All slopes must be protected against erosion.

One space for the bed-and-breakfast inn, one space for each guest room available for rent, and one space for each employee not residing in the dwelling unit.

Proves that he has complied with all applicable federal, state and local regulations regarding such use.

Proves that he has obtained liability insurance in the principal amount of at least $1,000,000 protecting against injuries to persons or property arising from the operation of the use.

Proves that all storage will be consistent with the requirements of § 250-61 of this chapter.

Proves that the location of the proposed use and storage site will be at least 2,000 feet from any school, church, playground, or recreation area and at least 1,000 feet from any dwelling not owned by the applicant.

That the applicant or then owner of the use must obtain an annual license from the Township for the use, paying such fee as may be established by resolution by the Board of Supervisors at the time of the application for such annual license. At the time of applying for each annual license, the applicant or owner must provide the Township with copies of current federal and state regulations regarding the licensee's use and prove to the Township that such licensee has all required federal and state permits regarding the use and is in compliance with all federal and state regulations.

The applicant or person operating the use shall maintain at all times public liability insurance in the amount of at least $1,000,000 insuring against injuries to persons or property occurring from the operation of the use and maintain with the Township at all times proof of such insurance coverage.

The applicant or person operating the use must be at all times in compliance with the provisions of § 250-61 of this chapter as well as other applicable provisions of this chapter and other Township ordinances.

Such other conditions as the Zoning Hearing Board may deem necessary to protect the public interest.

At least 50% of annual gross sales must be of agricultural commodities grown or produced on land farmed by the operator of the sales facility.

At least 75% of annual gross sales must be of agricultural commodities. Agricultural commodities include such items as vegetables, fruit, cider, nursery plants, flowers, trees, wine, cheese, yogurt, milk and butter as further defined in 3 P.S. § 952. It does not include crafts and manufactured products normally sold at a flea market.

The operator, unless all sales are of agricultural commodities grown or produced on land farmed by the operator of the sales facility, must demonstrate that he has in place an accounting system that will enable him to segregate and keep accurate records of sales of agricultural commodities grown or produced on land farmed by the operator, sales of agricultural commodities not grown or produced on land farmed by the operator and sales of items other than agricultural commodities and shall, on or before February 1 of each year, provide records to the Township Zoning Officer sufficient to establish compliance with Subsection A(1) and (2) of this section.

If York County has been declared an agricultural disaster any year by the U.S. Department of Agriculture, the requirements of Subsection A(1) above shall not be applicable in that year.

If the sales facility is a structure permanently affixed to the ground, that facility must comply with all setback and yard requirements set forth in this chapter. In addition, it must provide a mud-free access and a mud-free parking area containing at least one parking space for each 100 square feet of floor area open to customers.

No solid type fence may be erected to a height of more than eight feet above grade, excepting as permitted under Subsection D(3) hereof.

No other type fence may be erected to a height of more than eight feet above grade, except when used to restrain farm animals and except as permitted under Subsection D(3) hereof.

A fence may be erected to a height exceeding eight feet above grade in any of the following instances:

The tract of land to be developed must include a minimum of 10 acres of contiguous land under common ownership or common equitable ownership.

At least 0.01 acre per building lot or one acre, whichever is greater, shall be preserved by the developer as "usable" land to be dedicated to the Township, a homeowners' association incorporated under the laws of the Commonwealth of Pennsylvania, or an incorporated nonprofit organization experienced in the ownership and maintenance of open spaces.

At least 10% of the total tract area [in addition to the minimum usable land required in Subsection B(2) above] shall be preserved by the developer as open space.

No more than 50% of the proposed building lots shall be less than 14,000 square feet.

The park land site shall be located and designed so that safe and convenient access shall be provided to all existing and proposed inhabitants. Additionally, each park land site shall have at least one area available for vehicular access that is no less than 24 feet in width (road frontage).

The park land site shall be sized and configured so as to accommodate its intended uses. Sufficient lot width/depth dimension shall be provided so as to accommodate ball fields, courts, and other open play areas. Furthermore, should a development be proposed at a location contiguous to an existing park, park lands should be provided, where practical, as an expansion of the existing facility.

At least 50% of the park land site shall have suitable topography and soil conditions for use and development as active play areas and shall, after grading by the developer, not contain slopes exceeding 3%.

No more than 25% of the park land site shall be comprised of floodplains or stormwater management facilities. Any unimproved site which is not wooded shall be provided with a healthy, vibrant grass ground cover.

The park land site shall be located and designed to conveniently access proximate public utilities (e.g., sewer, water, electric, etc.). However, no part of any overhead utility easement or any aboveground protrusion of an underground utility should be permitted in active play areas of the site.

Minimum side yard for a principal building: 7.5 feet.

Maximum building coverage: 20% for those lots greater than or equal to 14,000 square feet and 25% for those lots less than 14,000 square feet.

Design of the access system, including haul roads, skid roads, skid trails and landings;

Design of water control measures and structures, such as culverts, broad base dips, filter strips and water bars;

Design of stream and wetland crossings and all necessary federal and state permits which accompany such crossings;

An erosion and sediment control plan;

A plan for use of the area following tree removal. If the plan is for forest regeneration, the plan must clearly delineate how the forest will in fact be regenerated and provide assurance that such regeneration will in fact occur. If the plan does not propose regeneration of the forest, it must establish how the area will be stabilized on a long-term basis so that erosion does not occur and that there will not be increased water flow onto neighboring properties;

Each plan shall include a site map showing two-foot contour intervals which shall include the following information:

The Erosion and Sediment Control Plan must be reviewed and approved by the York County Conservation District.

The plan will be approved by the Township only if it finds that the affected areas will be protected both during and following the tree removal process, and that excess water flow will not occur on neighboring properties so as to cause damage to such property.

Standards. The sound-pressure level resulting from any operation in any district shall not exceed the maximum permitted sound levels set forth below expressly or waived in Subsection A(2) below.

Waivers. The following sources of noise are exempt:

No use shall cause vibrations exceeding the maximum values specified in this section. The maximum vibration is given as particle velocity, which may be measured directly at the property lines with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used.

Particle velocity shall be the vector sum of three individual components measured simultaneously in three mutually perpendicular directions.

Where vibration is produced as discrete impulses and such impulses do not exceed a frequency of 60 per minute, then the values in this table may be multiplied by two.

When specifically indicated to the contrary elsewhere in this chapter, vibration resulting from temporary construction activity that occurs between 5:00 a.m. and 7:00 p.m. shall be exempt from the indicated performance standard.

Odors and fumes. No person, partnership, corporation or association may cause or permit on land owned by him the emission into the outdoor atmosphere of any malodorous, hazardous, or nonpermitted air contaminants from any source in such manner that the odors are detectable outside of the property of the person on whose land the source is being operated.

Dust and particulate matter. No person, partnership, corporation or association may cause or permit on land owned by him the emission into the outdoor atmosphere of any particulate air contaminates from any source in such manner that the particulates are detectable by human senses outside of the property of the person on whose land the source is being operated.

The discharge of any substance into the atmosphere shall be in strict compliance with provisions of the Federal Clean Air Act and the Pennsylvania Air Pollution Control Act, as amended, and the regulations adopted pursuant thereto, all of which regulations are incorporated herein by reference.

Dust and articulates. Dust and particulate matter emission from materials or products subject to becoming windblown shall be kept to a minimum by paving, wetting, covering, or other means, such as to render the surface wind resistant. Such sources include vacant lots, unpaved streets, yards and storage piles of bulk materials such as stone, sand, cinders, manure, and topsoil. Watercourses and water sources must not be contaminated in violation of the Pennsylvania Clean Streams Law and regulations issued pursuant thereto by particulate runoff. No dust or particulate matter may be discharged into the atmosphere, onto the surface of the ground, or into a stream or other body of water if such discharge is in violation of the standards established by the Pennsylvania Air Pollution Control Act or by the regulations issued pursuant thereto.

Water pollution. All uses and activities in the Township shall meet all applicable requirements of the Pennsylvania Clean Streams Law, Act 394 of 1937, as amended, and all other federal and state laws pertaining to the quality of surface water, stormwater runoff, and groundwater. This includes all laws and regulations pertaining to obtaining National Pollutant Discharge Elimination System (NPDES) permits for both point source and nonpoint source regulated sources.

The provisions regarding pollution shall not be applicable to the extent that such regulations are inconsistent with or in violation of any federal or state laws or regulations.