To recognize that the number of persons residing in the region who have attained the age of 55 years or older is increasing.

To add a provision for housing restricted primarily to meet the needs of persons age 55 years of age and older.

To require appropriate provision for indoor and outdoor active and passive recreational areas.

To encourage innovation in age-restricted communities so that the growing demand for housing may be met by a variety of housing types.

Meaning of Terms. When used in this Ordinance the term "Older Persons" shall mean persons 55 years of age or older in accordance with the provisions of the Fair Housing Act. The Fair Housing Act permits 20% of the housing units in an age-restricted community to be occupied or owned by people who are not older persons.

Intent of AARC. The Active Adult Residential Community Option is intended to address the housing needs of older persons who do not require the more intensive care offered by full care nursing homes, but who desire the security, safety and special design of a residential environment which can provide protective care and independent living.

Allowed Uses. Within an AARC, buildings may be erected, altered, or used and a lot or premises may be used for any of the following purposes:

Development Requirements.

Area and Bulk Requirements.

Off-Street Parking Requirements.

Open Space and Recreation.

General Regulations.

To recognize the adverse secondary impacts of Adult Uses that affect health, safety and general welfare concerns of the Township/Borough. These secondary impacts have been documented in research conducted across the nation. These secondary impacts typically include, but are not limited to: increases in criminal activity, increases in activities that increase the risk of transmission of sexually transmitted diseases, increases in activities that increase the risk of transmission of other communicable diseases, increases in blight, decreases in the stability of residential neighborhoods, and decreases in property values for surrounding homes, and decreases in the marketability of nearby commercial business space. The research conducted across the nation concludes that Adult Uses typically involve insufficient self-regulation to control these secondary effects.

To limit Adult Uses to locations where these secondary impacts can be minimized, particularly as they affect residential neighborhoods and commercial revitalization.

To not attempt to suppress any activities protected by the "free speech" protections of the State and U.S. Constitutions, but instead to control secondary effects.

500 lineal feet from the lot line of an existing dwelling,

500 lineal feet from the lot line of any lot in a residential zoning district,

1,000 lineal feet from the lot line of any primary or secondary school, place of worship, library, public park, day care center or child nursery.

Such canopy may be attached to the principal building. The canopy shall not include any signs, except for the following: a) a sign may be attached to each of two sides of the canopy in place of an allowed freestanding sign, b) an allowed wall sign may be placed on a portion of the canopy that is behind the minimum front yard setback line, and c) necessary warning signs.

Within the minimum front yard building setback, the distance between the ground level and the bottom of the canopy shall not be greater than 20 feet. Parts of a sloped canopy may have a taller height if the purpose of the taller height is to deflect soot and glare away from the street or neighboring properties.

The screening of evergreens provided in Section 803 between business and residential uses is not required if the tree buffer would essentially serve the same purpose, or if removal of mature trees would be needed to plant the shrubs.

Removal of trees within this buffer shall be only allowed for a necessary crossing of a street (which shall be generally perpendicular to the buffer), stormwater channel, driveway, and utility and to provide safe sight distance.

In a district other than a commercial or industrial district, the antenna shall extend a maximum of 20 feet beyond the existing structure to which it is attached. The antenna shall be attached to one of the following existing lawful structures:

In a commercial or industrial district, the antennae shall extend a maximum of 40 feet beyond an existing building or structure (other than a dwelling), provided the antenna is setback a distance equal to its total height above the ground from any lot line of a dwelling on another lot.

Such antenna/tower shall be set back from all lot lines and street rights-of-way a distance that is greater than the total height of the antenna/tower above the surrounding ground level. The Zoning Hearing Board may permit an easement arrangement to be used without meeting the setback requirement from the edge of the leased area, provided that there are legal safeguards to ensure that the setback will continue to be met over time from a lot line.

A new tower, other than a tower on a lot of an emergency services station, shall be setback the following minimum distance from any existing dwelling: 1.5 times the total height of the tower above the surrounding ground level.

A tower attached to the ground shall be surrounded by a security fence/gate with a minimum height of eight feet and evergreen plantings or preserved vegetation with an initial minimum height of four feet.

The applicant shall provide a written statement sealed by a professional engineer stating that the communications antenna/tower will meet the structural and wind resistence requirements of the Construction Code.

The applicant shall describe in writing the policies that will be used to offer space on a tower to other communications providers, which shall serve to minimize the total number of towers necessary in the region. This policy shall be designed to minimize the total number of towers necessary in the Township/Borough.

An applicant for a new commercial communications tower shall provide evidence to the Zoning Hearing Board ("the Board") that they have investigated co-locating their facilities on an existing tower and other tall structures and have found such alternative to be unworkable. The reasons shall be provided.

A maximum total height of 200 feet above the ground shall apply in a commercial and industrial district and 150 feet in any other district where it may be allowed, unless the applicant proves to the Zoning Hearing Board as a special exception that a taller height is absolutely necessary and unavoidable.

The application shall describe any proposed lighting. The Board may require lighting of an antenna even if it will not be required by the Federal Aviation Administration. Such lighting is intended to provide protection for emergency medical helicopters.

A new tower shall be designed in a manner that minimizes its visual intrusiveness and environmental impacts to the maximum extent feasible. For example, monopole designs or designs worked into a flag pole are preferred over lattice designs. Self-supporting towers are preferred over towers with guy wires that would require removal of larger numbers of trees.

To protect property values.

To minimize the visual impact of antenna/towers, particularly considering the importance of the scenic beauty of the area in attracting visitors for outdoor recreation.

To minimize the number and heights of towers in a manner that still provides for adequate telecommunications services and competition.

The building shall maintain the appearance of a one family dwelling with a single front entrance. Additional entrances may be placed on the side or rear of the structure. The dwelling units may internally share the single front entrance.

The conversion shall not be permitted if it would require the placement of an exterior stairway on the front of the building, or would require the placement of more than three off-street parking spaces in the required front yard.

Forestry shall be permitted by right in all zoning districts, provided it complies with the requirements of this Ordinance.

A zoning permit for forestry shall be required when the total harvesting area is 1/2 acre or greater in a calendar year.

A zoning permit for forestry shall not be required for the following:

The application shall include a written Forestry plan. The provisions of the plan shall be followed throughout the operation. The plan shall be available for inspection at the harvest site at all times during the operation.

The landowner, the applicant and the timber operator shall be jointly and separately responsible for complying with the terms of the Forestry plan and permit.

The applicant shall specify, in writing, the land on which Forestry will occur, the expected size of the harvest area, and the anticipated starting and completion date of the operation.

The application shall include, at a minimum, the following information:

Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the Township or PennDOT, whichever is responsible for maintenance of the street.

No tops or slash shall be left within 25 feet of any public thoroughfare, property line or private roadway providing access to adjoining residential property.

All tops and slash between 25 and 50 feet from a public street right-of-way or private road providing access to adjoining residential property or within 50 feet of adjoining residential property shall be lopped so that they do not extend more than four feet above the surface of the ground.

Streams are an important natural resource that provide for water quality, flood control, bank stabilization and other ecological benefits. To insure their adequate protection, Forestry is prohibited within 50 feet from the top of the bank on each side of all perennial waterways.

No tops or slash shall be left within a drainage channel or within 50 feet from the top of the primary bank of a waterway.

The use of clear-cutting must be fully justified by a Forestry plan prepared by a qualified professional. Detailed information concerning increased stormwater runoff, erosion control and a plan to assure regeneration by native species, while controlling invasive species, shall be provided. Clearcutting shall not be allowed on contiguous areas greater than one acre. Clearcutting shall be prohibited on slopes greater than 15%.

A 20 feet minimum setback shall be maintained for Forestry from a public street right-of-way and from any lot line of property, except such lot line setback shall not apply if the adjoining property owner provides a written, notarized and signed waiver of the setback to the zoning officer.

If a more restrictive requirement is established by another Township/Borough Code;

The number of bona fide paid professional staff shall not count towards such maximum; and

As may be approved by the Zoning Hearing Board under Section 111.D.

Meet Township/Borough floodplain regulations;

Not be located within 100 feet of a perennial stream, river, spring, lake, pond or reservoir, and

Not be located within 100 feet of an active public water supply drinking well or an active intake for a public water supply.

The applicant shall provide a soil and erosion control plan to the County Conservation District for review and pay their review fees.

The applicant shall describe in writing or on site plans methods that will be used to address water pollution and insect and odor nuisances. The applicant shall provide a written comparison of proposed methods of controlling insect and odor nuisances and avoiding water pollution to applicable sections of the Pennsylvania Soil and Water Conservation Technical Guide as published by the U.S. Department of Agriculture and the State Department of Environmental Protection's Manure Management Manual for Environmental Protection, or their successor publications. The applicant may meet this requirement by providing a cross-reference to certain sections of such manuals or other written industry standards to describe the methods that will be used.

The location of the facility is requested to consider prevailing wind patterns as they may affect the nearest existing dwellings.

An area shall be provided for trucks to turnaround on the property that avoids the need to back out onto a public road.

The applicant shall submit a traffic study analyzing the suitability of roads that will be used by trucks leaving the use to reach major destinations for the materials. This study shall consider any improvements that the applicant proposes to fund.

A copy of all information submitted to State agencies regarding a proposed mineral extraction use or expansion or related water issues shall also be submitted to the Zoning Officer at the same time.

A detailed and appropriate land reclamation and reuse plan of the area to be excavated shall be submitted to the Zoning Officer.

After areas are used for mineral extraction, those areas shall be reclaimed in phases to a non-hazardous and environmentally sound state permitting some productive or beneficial future use.

A 50 feet wide yard covered by natural vegetative ground cover (except at approved driveway crossings) shall be required along all exterior lot lines that are within 200 feet of an area of excavation. The Governing Body may require this yard to include an earth berm with a minimum average height of six feet and an average of one shade tree for each 40 feet of distance along the lot lines. Such shade trees shall be planted outside of any berm and any fence.

The following minimum setbacks shall apply for the excavated area of a mineral extraction use from property that is not owned by the owner or operator of the mineral extraction use:

The excavated area of a mineral extraction use shall be setback 150 feet from the edge of a perennial waterway at bank flow or the edge of a natural wetland of more than two acres.

Truck access to the use shall be located to reasonably minimize: hazards on public streets and dust and noise nuisances to residences.

Fencing. The Governing Body may require secure fencing in locations where needed to protect public safety. Also, warning signs shall be placed around the outer edge of the use.

Hours of Operation. The Governing Body, as a condition of conditional use approval, may reasonably limit the hours of operation of the use and of related trucking and blasting operations to protect the character of adjacent residential areas.

The activities and residual effects shall not create conditions that are significantly hazardous to the health and safety of neighboring residents.

The Township/Borough may require that the applicant post financial security to cover the costs of damage that may occur to entrances and exits to public roads as a result of the trucks carrying mining materials.

A plan shall be submitted showing how dust will be controlled.

A hydro-geological study shall be submitted by the applicant, which shall be prepared by a qualified professional, and which shall estimate the impacts of the operation upon wells and surface waters, and which shall also recommend methods to mitigate impacts.

If a mineral extraction use has received a DEP Mining Permit prior to the enactment of this Ordinance, and such permit remains valid, mineral extraction activities allowed by and within the geographic boundary limits of such permit shall be allowed regardless of the zoning district. See also Section 502.A.4.

The Pennsylvania "Clean Streams Law";

The Pennsylvania "Air Pollution Control Act";

The Pennsylvania "Dam Safety and Encroachments Act";

The Pennsylvania "Solid Waste Management Act";

The Pennsylvania "Non-coal Surface Mining Conservation and Reclamation Act";

National Pollution Discharge Elimination System requirements as outlined under 40 CFR - Protection of Environment; and

Mine Safety and Health Administration requirements as outlined under 30 CFR - Mineral Resources.

Existing Features and Mining Map.

Cross-section Drawings.

Reclamation Plan.

Groundwater and Soil Gas Monitoring Data.

Pre-blast Survey Data and Report.

Quarry operator/owner shall supply to the Township copies of all submission to DEP and Bureau of Surface Mines.

Non-coal surface mining activities shall meet the performance standards of Article 5 that are not in conflict with requirements of this section.

Peak particle velocity as measured with seismographs meeting DEP standards of subsection 211.44, shall not exceed one inch per second and sound level shall not exceed 130 decibels.

Install groundwater and soil gas monitoring wells every 1,200 feet along the perimeter of the Q/GI District boundary line. Quarry operator/owner shall sample monitoring wells at least once every three months. Township shall be notified no less than 48 hours prior to testing date and time in order to permit its designated official to witness the test. Test results shall be kept on file by quarry operator, and copies shall be forwarded promptly to Township upon request.

Construction of Haul Roads and Access Roads. Haul roads and access roads shall be designed, constructed, and maintained to prevent to the maximum extent possible, erosion and to prevent contributions of sediment to streams or runoff outside the affected area, air and water pollution, and off-site damage. Upon completion of the associated surface mining activities, the area disturbed by the road shall be restored unless retention of the road and its maintenance constitutes a part of the post-mining land use.

Roads shall be constructed on stable areas that avoid wet or unstable soils.

A 100-foot buffer zone shall be provided along the zoning line separating the Q/GI District from all Residential Zoning Districts. Within said buffer zone shall be permitted only berming, fencing, storage of overburden, and roadways.

Distance Limitations. Non-coal surface mining operations shall be conducted no closer than:

Berming. Except where the topography of the surface mine site would render berming useless, the operator shall create a berm at least 15 feet in height with a minimum top surface width of 10 feet and a maximum side slope ratio of 2:1. Berm shall be located within the 100-foot buffer yard. There shall be placed atop said berm, a chain link fence at least six feet in height, to totally surround the proposed limit of mining. In addition, there shall be planted on the slope of said berm, most distant from the proposed limit of mining, hybrid poplars (or their equivalent) on eight foot spacings with an inner planting (also on the outermost slope of said berm) of evergreens also spaces at eight foot intervals but with each evergreen planting being centered between planting of hybrid poplar. Dead or ailing evergreen trees shall be replaced within one growing season. For purposes of this Ordinance, berms shall not be considered to be mining activity and may be located outside the "limits of mining" as established by the operator.

The surface mine operator shall provide to the Township of Colebrookdale, a calculation of the total acreage and volume to be mined prior to commencement of mining activities.

Pre-blast Survey. At least 60 days before initiation of blasting, the operator of any non-coal surface mine shall notify, in writing, all residents or owners of dwellings or other structures located within 1,320 feet of the blast site of their right to request a pre-blasting survey. On the request to the operator by a resident or owner of a dwelling or structure that is located within 1,320 feet of the proposed blast site, the operator of the surface mining activity shall promptly conduct a pre-blasting survey of the dwelling or structure. If a dwelling or structure is renovated or added to subsequent to a pre-blasting survey, then upon request by the resident or owner to the operator, a survey of such additions and renovations shall be performed by the operator in accordance with this section. The operator shall provide the Township of Colebrookdale with a copy of such request.

Use of Explosives. Public notice of blasting schedule to be completed prior to initiation of blasting by new non-coal surface mine operators.

Hydrologic Balance Water Rights and Replacement. The operator of any non-coal surface mine which affects by surface mining activities a public or private water supply by contamination, interruption, or lowering of static water level shall restore or replace the affected water supply with an alternate source of water, adequate in quantity and quality for the purpose served by the supply. For the purpose of this section, the term "water supply" shall include any existing source of water or facility or system for the supply of water for human consumption, for agricultural, industrial or other uses. "Lowering of water table" is herewith defined as lowering in excess of two feet below seasonal water table fluctuations, as documented by water table recordings of existing wells within one mile radius.

Monumenting. The operator shall construct monuments along the proposed limits of mining in such a manner as to be clearly visible upon inspection. Said monuments shall be permanently installed and surveyed. Legal descriptions and plot plan to be submitted to Township.

"Removal of overburden" shall not constitute quarrying activity for purposes of this Ordinance. Owner/Operator shall, nonetheless, store no overburden materials outside the Q/GI District. Upon movement of overburden, said overburden shall be immediately either removed entirely from the property, placed in berms as herein described, or placed immediately adjacent to said berms for storage. All such storage areas shall be immediately seeded in such a manner as to prevent erosion and in total compliance with the requirements of the Pennsylvania Department of Environmental Protection as they may from time to time exist. In addition, Owner/Operator may, upon approval by Board of Commissioners, remove overburden from any part of the area zoned Q/GI provided, however, that the active area of removal outside of the phase being actively quarried shall in no instance exceed a total of five acres, and provided further that Owner/Operator shall, immediately after removal of overburden, reclaim the area of removal (unless quarrying activities shall immediately commence thereon) with at least 12 inches of cover, with said cover being immediately reseeded.

Reclamation of a completed mine phase shall be commenced concurrently with opening of a new mine phase and shall be completed within one year. However, if all mining operations discontinue for a full year, all phases completed or not shall be reclaimed within three years of the date the Zoning Officer serves notice that mining operations were discontinued for one year.

When the surface mining operation has concluded, the area shall be reclaimed by terrace. Terracing shall occur through the utilization of an overall two to one reclamation slope, with the intervening slopes between terraces being no greater than 45° or the natural angle of slopage, whichever is greater, and with the height of the intervening slopes between terraces being no greater than 25 feet and with the surface width of each terrace being no less than 25 feet. Upon said terraces shall be placed a twelve-inch layer of available soil and planted, concurrent with the reclamation, coniferous vegetation and hybrid poplar so as to create a continuous planting upon each terrace. Both the hybrid poplar and the evergreens utilized shall be of a type which shall achieve a minimum height of 25 feet at maturity. Tree spacing and density shall be same as berm planting.

Where a water impoundment is part of the reclamation, the slope shall extend to 25 feet below the post-reclamation water level at a minimum slope of 3:1 to serve as a safety bench for safe exit from the impoundment. Benches developed below the lower level of the reclamation safety bench need not be restored; removal of any benches below the safety bench shall be accomplished only with approval of the Department of Environmental Protection.

Reclamation of a working face shall begin with 180 days after such face has reached its maximum horizontal extent.

Revegetation:

Immediately after hauling roads are no longer needed for the associated surface mining activities or post-mining land use:

Casing and Sealing of Wells, Soil Gas Monitoring Points and Bore Holes. Each bore hole, well, or other exposed underground opening (except for holes solely drilled for use in blasting) or other opening exposed during surface mining activities shall be cased, sealed, or otherwise managed as approved by the Department of Environmental Protection at the conclusion of surface mining activity to:

Owner/Operator shall operate its primary stone crusher no earlier than 6:30 a.m., prevailing local time, and no later than 7:00 p.m., prevailing local time, Monday through Friday. Saturday operation of the primary stone crusher shall be only from 6:30 a.m. to 1:00 p.m.

Owner/Operator shall, except for local deliveries, use no Township roads except Township Line Road (T-621). Owner/Operator shall repave said Township Line Road as necessary to repair any damage to the road occasioned by its use of said road. The time for repavement of Township Line Road shall be agreed upon, from time to time, by the Engineer for the Township and the Owner/Operator's Engineer.

Township shall have the right to inspect the quarrying operations at any time during normal business hours upon notice to Owner/Operator.

Inspection Fees. Owner/Operator shall pay an inspection fee to the Township of Cole-brookdale in the total amount of $5,000 per annum to defray Township administrative, engineering and/or legal costs of overseeing quarrying operations. Said $5,000 fee shall be increased annually in an amount equal to the increase (if any) in the Consumer Price Index published by the United States Government, Bureau of Labor Statistics, for all urban consumers in the Philadelphia area. In addition, Owner/Operator shall reimburse Township of Colebrookdale for all legal and engineering costs in excess of the aforesaid $5,000 incurred by the Township in conjunction with the monitoring and enforcement of section with regard to the operator's activity. Said fee shall be due at the time of application for a permit hereunder and annually on the first day of each calendar year thereafter.

Non-coat surface mining as defined by State regulations.

Retail and wholesale of stone and stone-related products.

All other uses in accordance with Section 305. Permitted uses shall occur only upon reclaimed areas or areas subject to active mineral extraction at the time of adoption of this Ordinance.

To calculate this density: a) land in common open space or proposed streets within the park may be included, but b) land within the 100-year floodplain, wetlands and slopes over 25% shall not be included.

Access to individual mobile home spaces shall be from interior parking courts, access drives or private streets and shall not be from public streets exterior to the development.

Streets within the mobile home park that provide access to reach 20 or more dwellings shall have a minimum paved cartway of 24 feet, and other local private streets or parking courts serving less than 20 homes shall have a minimum paved cartway of 20 feet.

Curbs and sidewalks are not required on the private streets, but all private streets shall meet all other Township/Borough cartway construction standards.

Each such Facility shall be built as a single legal entity and shall be retained in single ownership. Fee simple absolute sale of units shall be prohibited. All common facilities to support the needs of the residents of the Facility shall remain under a single ownership.

To encourage the development of a community to service adults who can no longer live safely in a fully independent lifestyle, and who require some level of care and assistance with some or all of the activities of daily adult living.

To provide for appropriate recreational activities for the residents in both exterior and interior spaces.

To encourage innovation in design so the growing demand for housing may be met by a greater variety in type, design and layout of dwellings and by the conversion and efficient use of open space auxiliary to said units.

Residential Uses.

Non-Residential Uses.

Medical offices and rehabilitation center.

Uses clearly accessory to any of the permitted uses including but not limited to off street parking facilities.

Non-Residential uses are restricted to the use by residents of the community and their guests. However, the management of such Congregate Care, Assisted Living Facilities, or Personal Care Homes shall be permitted to open common areas of such facilities for use by community organizations for public and/or private meetings, at their discretion.

Area Requirements. A tract to be developed as a Congregate Care Facility, Assisted Living Facility or Personal Care Home shall have a minimum lot size of 15 acres.

The gross residential density of a Congregate Care Facility, Assisted Living Facility or Personal Care Home shall not exceed 25 dwelling units per acre.

Lot Setbacks:

Building Height. The maximum building height for a structure containing residential living units shall not exceed 40 feet. Ornamental structures on the building may not exceed 45 feet.

Streets, Parking and Lighting.

Parking Requirements:

Landscaping.

Design Regulations.

Land Development Plan approval process for Congregate Care Facilities, Assisted Living Facilities, and Personal Care Homes.

If a development includes over 30 dwelling units that will not be restricted to at least one resident age 55 and older, then the common open space shall at a minimum include a rectangular grass field 50 feet by 150 feet that is suitable for free play by young persons. If all dwellings in a development will be restricted to at least one resident age 55 and older, then the common open space shall at a minimum include landscaped trails that are ADA-accessible.

A recreation building or pool available to all residents of the development may count towards the open space requirement. Areas with a width of less than 50 feet shall not count towards this requirement. This requirement shall be in place of any requirement for recreation land or fees under the Subdivision and Land Development Ordinance.

The uses shall be located at least 600 feet from a principal building occupied by an existing residential, institutional or educational use.

The uses shall be located at least 300 feet from a designated residential zoning district, which shall include the RC-O, AC, LDR, LDR/B, MDR, GR, and GR/O Zoning Districts.

The required setback or separation distances shall apply to all principal and accessory uses, which shall include the proposed buildings and all related impervious surfaces required for the truck or motor freight terminal use.

A sixty-foot-wide earthen berm with a raised elevation of eight feet shall be required in areas that do not have a natural buffer or concentration of mature trees.

Where an existing natural buffer with concentration of mature trees is used to satisfy the requirements of this section, such area and vegetation therein shall be perpetually preserved and maintained as part of a landscaping or woodland protection easement.

A combination of an earthen berm, landscaping screen, fencing or natural buffer may be considered provided that the selected materials provide a natural or visual buffer. The types of materials utilized within the landscaped buffer yard and the designated width of the landscaping buffer shall be subject to the review and approval of the Borough/Township as part of the Conditional Use Application. The landscaped buffer yard shall be identified on the Land Development Plan and perpetually preserved as an easement.

A single-family detached dwelling shall require a Short-Term Rental license for use as a Short-Term Rental.

The owner(s) of a Short-Term Rental unit shall make an application for a license to the Zoning Officer on forms furnished by Colebrookdale Township or Pike Township, which shall require such information as the Board of Commissioners of Colebrookdale Township or the Board of Supervisors of Pike Township, by resolution, shall direct, including but not limited to the following:

The owner(s) of a Short-Term Rental shall obtain a license for each Short-Term Rental before placing it in operation.

At the time of the initial permit application, the owner(s) shall allow the Zoning Officer to inspect the unit to verify application information.

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

The owner and local contact person are required to immediately notify the Township as to any changes to their name, address, or twenty-four-hour phone number.

Upon request of Zoning Officer, at time of renewal of permit the owner shall allow the Zoning Officer to conduct an inspection.

The owner of the Short-Term Rental may not transfer or sell the permit.

A Short-Term Rental shall be permitted only in a single family detached dwelling.

The minimum lot size for any Short-Term Rental shall be five acres.

The minimum building setback from the side property lines and the rear property line shall be 100 feet.

The minimum building setback from the front property line shall be 50 feet.

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

No more than one Short-Term Rental may be located in a structure, and a Short-Term Rental may not be located in a structure which contains more than one dwelling unit.

A Short-Term Rental shall not have any outside appearance indicating a change of use from the surrounding residential uses.

The maximum occupancy of the Short-Term Rental shall be six, excluding children under the age of three. "Occupancy" is defined as all persons located within the Short-Term Rental, not just people sleeping in such unit. Overnight occupancy for a Short-Term Rental shall not exceed two persons per bedroom, excluding children under three years of age. "Bedroom" is defined as a room or space that is a minimum of 100 square feet and primarily used as a sleeping quarters (no multipurpose rooms), and containing a door, a closet, and a bed. Space used for eating, cooking, bathrooms, toilet rooms, closets, halls, storage or utility rooms and similar uses shall not be considered bedrooms. Space used or intended for general and informal everyday use such as a living room, den, and sitting room or similar shall not be considered a bedroom.

A Short-Term Rental shall not have more than four bedrooms.

Tenting, camping trailers, or other outdoor overnight sleeping for guests is prohibited.

A Short-Term Rental shall provide proof that the septic system is adequate to handle such flows by having the system approved by the Sewage Enforcement Officer, or by providing a septic permit previously issued by a Sewage Enforcement Officer.

A Short-Term Rental shall provide proof that the electric system meets the applicable ordinances, rules, regulations and laws of the Township and/or the Commonwealth of Pennsylvania.

The maximum number of day guests, including any overnight occupants, allowed at any one time shall be six, excluding children under three years of age.

A Short-Term Rental may be rented only to a person 21 years of age or older. Guests under the age of 21 must be accompanied by a person over the age of 21.

The use of fireworks at the Short-Term Rental is prohibited.

The use of floating candles at the Short-Term Rental is prohibited.

The use of offroad vehicles at the Short-Term Rental is prohibited.

Any outdoor pool located at a Short-Term Rental shall have a curfew of 9:00 p.m.

The owner(s) shall use best efforts to assure that the occupants or guests of the Short-Term Rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or otherwise violate any ordinance or regulation of the Township or any state law pertaining to noise or disorderly conduct including, but not limited to, notifying the occupants of the rules regarding Short-Term Rentals.

The owner(s) or local contact shall, upon notification that occupants or guests of the Short-Term Rental have created unreasonable noise or disturbances, engaged in disorderly conduct or otherwise violated any ordinance or regulation of the Township or state law pertaining to noise or disorderly conduct, promptly use best efforts to prevent a recurrence of such conduct by those occupants or guests.

All Short-Term Rentals shall have a clearly visible and legible notice posted within the dwelling unit on or adjacent to the front door containing:

The owner(s) of the Short-Term Rental shall notify the occupants of these rules and regulations for Short-Term Rentals by prominently and continuously posting them at the Short-Term Rental, or by giving a copy of these rules and regulations to every occupant.

The name of the local contact person or owner of the Short-Term Rental and a telephone number at which that party may be reached with an expectation by the Borough of a prompt reply ("prompt reply" means as soon as practicable, but in no event greater than 24 hours).

The 911 address of the property.

The maximum number of occupants permitted to stay in the Short-Term Rental.

The maximum number of all vehicles allowed to be parked on the property and the requirement that parking is not permitted on the lawn area of the Short-Term Rental.

Notification that trash and refuse shall not be left or stored on the exterior of the property except in secure, water-tight metal or plastic cans or similar containers designed for such storage with a limit of three secured containers.

Notification that an occupant may be cited and fined for creating a disturbance or for violating other provisions of applicable Borough ordinances.

The minimum net lot area required to install a solar farm shall be five acres.

The maximum net lot area on which a solar farm may be installed is 30 acres.

Solar farms shall be enclosed by perimeter fencing at a height of six feet to restrict unauthorized access. Fencing shall be permitted within the front, rear and side yards of a lot and shall be set back a minimum of 15 feet from all property lines or five feet from any street right-of-way line.

Vegetative screening shall be provided to serve as a barrier to visibility and glare, subject to the following standards:

Shall be located so as to minimize the amount of removal of existing trees on the property.

Any on-site electric lines shall, to the maximum extent practicable, be placed underground.

The solar farm shall be screened from the property line view of i) any residential structures on adjacent lots existing at the time the solar farm is established and located within 300 feet of the nearest solar array on the solar farm and ii) any pedestrian or vehicular traffic on any street directly adjacent to the solar farm. The screening requirement can be adjusted by the Township's Planning Commission where topographic conditions of the property where the solar farm is proposed make total compliance unreasonably difficult to achieve.

Solar farms shall adhere to all yard dimensions, impervious coverage, and building coverage and height requirements of the district in which they are located. Regardless of the zoning district where the solar farm is located, for purposes of applying the impervious coverage requirements of this Zoning Ordinance, solar photovoltaic (PV) panels installed under this section shall be considered pervious cover, provided the following guidelines are followed:

All individual solar energy collectors, storage cells and connecting equipment in a solar array shall be subject to the setback requirements for a principal structure in that district and shall have a maximum height of 15 feet, except that any overhead power lines necessary for connection to the local electrical grid may be up to a height of 50 feet. Any buildings on the property shall be treated as accessory structures.

Solar farms may be proposed as the principal use of a property, or in addition to an existing use already on a property, but the requirements herein shall apply in full to the portion of the property dedicated to use as a solar farm. Existing agricultural uses and farmsteads, including a single-family dwelling and agricultural structures, whether conforming or nonconforming, may continue to exist on a solar farm without being considered abandoned or discontinued so that the land may revert back to an agricultural use or farmstead after decommissioning of the solar farm. Any provisions limiting the erection of more than one principal structure or building on a lot shall not apply to a solar farm with a pre-existing farmstead. Agrivoltaics such as grazing of animals, to include but not be limited to sheep and other livestock, and other solar-compatible agricultural or ecological practices to make beneficial use of the land under and around solar arrays shall be allowed as customarily incidental to a solar farm principal use, provided the use complies with Zoning Ordinance as applicable.

It shall be the responsibility of the property owner or facility owner or operator to secure any easements or restrictive covenants necessary to protect the skyspace affecting the solar farm. Such an agreement shall be negotiated between owners of affected properties, but is not a requirement for any municipal permits or approvals for the solar farm.

Solar farms and all equipment and facilities thereon shall be maintained in a safe manner. Broken glass or other potentially hazardous conditions shall be promptly repaired.

Warning signs shall be placed at the base of any pad-mounted transformers or electrical conducting apparatus on the site.

A narrative description of the project.

A descriptive plot plan including setbacks, property lines, road right-of-ways, dimensions and structural details for all solar arrays, and locations of buildings, access roads, solar arrays, and all electrical lines and off-site connection points.

An operations agreement which shall set forth operations parameters, the name and contact information of the certified operator, inspection protocol, emergency procedures, and general safety documentation.

Evidence of approval by the electric company or other entity receiving the energy collected from the solar farm that it will accept connection from the solar farm and that it approves of the design plans for the project.

An affidavit or evidence of agreement between lot owner and the facility owner or operator, if not the same person or entity, confirming that the facility owner or operator has permission of the property owner to apply for the necessary permits for construction and operation of the solar farm.

Evidence of any required permits or licenses from state or federal agencies.

A decommissioning plan including provisions for the removal of all structures and foundations and the restoration of soil and vegetation. Where the prior use of the property on which the Solar Farm is proposed was agricultural, the decommissioning plan shall provide that the land will be restored to a condition where productive agricultural use can be resumed at a level of production similar to nearby tilled farmland with the same agricultural soil classification.

Any other relevant studies, report, certificates and approvals as may be reasonably requested by Board of Commissioners of Colebrookdale Township or the Board of Supervisors of Pike Township based on the unique character of the development.

The facility owner or operator shall, at its expense, complete decommissioning of the solar farm within six months after the reduction of energy export by 90% of peak performance of the facility. Decommissioning shall include removal in their entirety of solar arrays, support equipment, buildings, electrical components and lines, roads, foundations, and any other associated facilities. Disturbed earth shall be graded and re-seeded, unless the landowner requests in writing and the Board of Commissioners of Colebrookdale Township or the Board of Supervisors of Pike Township approves that the access roads or other land surface areas not be restored.

An estimate for 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) shall be submitted to the Township for review and approval after the first year of operation and every fifth year thereafter. The facility owner or operator shall post and maintain Decommissioning Funds in an amount equal to Net Decommissioning Costs; provided, that at no point shall Decommissioning Funds be less than 25% of 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. 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. If the facility owner or operator fails to complete decommissioning within the required period, then the landowner shall within six months complete decommissioning.

If neither the facility owner or operator, nor the landowner complete decommissioning within the required periods, then the Township may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a 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. To the extent the Township incurs costs to rightfully perform any act in furtherance of decommissioning, it shall submit documentation of such costs to the escrow agent, and the escrow agent shall release sufficient escrow funds to the Township to cover such costs. The escrow agent shall release any remaining Decommissioning Funds to the facility owner or operator 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.

The terminal building and all vehicle parking areas shall be located at least 600 feet from a principal building occupied by an existing residential, institutional or educational use.

The terminal building and all vehicle parking areas shall be located at least 300 feet from a designated residential zoning district, which shall include the RC-O, AC, LDR, LDR/B, MDR, GR, and GR/O Zoning Districts.

The required setback or separation distances shall apply to all principal and accessory uses, which shall include the proposed buildings and all related impervious surfaces required for the warehouse, wholesale and/or distribution use.

The nature of the on-site activities and operations, the types of materials stored, the frequency of distribution and restocking, and the duration period of storage of materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with State and Federal regulations.

The general scale of the operation, in terms of its market area, specific floor space requirements for each activity, the total number of employees on each shift, and an overall needed site size.

Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.), and specific measures employed to mitigate or eliminate any negative impacts.

A sixty-foot wide earthen berm with a raised elevation of eight feet shall be required in areas that do not have a natural buffer or concentration of mature trees.

Where an existing natural buffer with concentration of mature trees is used to satisfy the requirements of this section, such area and vegetation therein shall be perpetually preserved and maintained as part of a landscaping or woodland protection easement.

A combination of an earthen berm, landscaping screen, fencing or natural buffer may be considered provided that the selected materials provide a natural or visual buffer. The types of materials utilized within the landscaped buffer yard and the designated width of the landscaping buffer shall be subject to the review and approval of the Borough/Township. The landscaped buffer yard shall be identified on the Land Development Plan and perpetually preserved as an easement.

Repair of farm equipment or farm vehicles, other than items owned or leased by the applicant and his relatives;

Occasional repair of one motor vehicle at a time, beyond those vehicles owned or leased by a resident of the property or his/her relative, but not including a junkyard, auto body shop or spray painting;

Welding and custom machining of parts;

Sale, processing, or mixing of chemical fertilizers, or wood/leaves/bark compost generated by other persons;

Barber/beauty shops;

Construction tradesperson's headquarters;

Music, hobby, trade or art instruction for up to 10 persons at a time;

Small engine repair;

Custom woodworking or wood refinishing;

Custom blacksmithing or sharpening services;

Rental storage of household items, vehicles, boats and building materials;

Boarding of animals, not including a kennel or a stable (which are separate uses);

Custom butchering of meat produced by others, not including a commercial slaughterhouse or stockyard;

Bulk processing and bulk storage of agricultural products produced by others;

Sawmill routinely involving wood produced by others; or

Commercial farm tourism and special events, such as farm tours and Halloween activities. See also Stable, Non-Household and Retail Sales of Agricultural Products, which are treated as separate uses.

Front Yard. Any fence located in the required minimum front yard of a lot in a residential district shall:

On a corner lot, a fence or wall shall meet the same requirements along both streets as would apply within a minimum front yard. However, a fence that only extends behind the rear of a dwelling may have a maximum height of 6.5 feet along one of the streets, other than the street that is along the front of the dwelling.

Height.

Setbacks. No fence shall be built within an existing street right-of-way. A fence may be constructed without a setback from a lot line, except in the following cases:

Fence Materials. Barbed wire shall not be used as part of fences around dwellings in residential districts. Electrically charged fences shall only be used to contain farm animals, and shall be of such low intensity that they will not permanently injure humans. No fence or wall shall be constructed out of fabric, junk, junk vehicles, appliances, drums, or barrels.

Engineered retaining walls necessary to hold back slopes are exempted from setback regulations and the regulations of this section, and are permitted by right as needed in all Districts. However, if a retaining wall is over eight feet in height, it shall be setback a minimum of 15 feet from a lot line of an existing dwelling.

No wall of greater than three feet shall be located in the required front yard in a residential district, except as a backing for a permitted sign as permitted in Section 704.

A wall in a residential district outside of a required front yard shall have a maximum height of three feet if it is within the minimum accessory structure setback.

Walls that are attached to a building shall be regulated as a part of that building.

The use shall be conducted primarily by a permanent resident of the dwelling, and involve a maximum of one person working on-site at any one time who does not reside within the dwelling. The maximum of non-resident employees may be increased to two for an office use. A maximum of one non-resident employee shall visit the property on a daily basis or operate a vehicle based at the property.

The use shall be conducted indoors. No outdoor storage or display related to the home occupation shall be permitted. No changes shall occur to the exterior of a building that would reduce its residential appearance as viewed from a street. A principal or accessory building may be used for the home occupation.

The use shall occupy an area that is not greater than 25% of the total floor area of the principal dwelling unit. The use shall clearly be secondary to the residential use.

One off-street parking space shall be required per non-resident employee. In addition, for a Major Home Occupation, the Zoning Hearing Board shall require additional off-street parking if the Board determines it is necessary for customer parking.

The use shall not require delivery by tractor-trailer trucks.

The regulations of Section 403.A.14.d. regarding parking of trucks shall apply to a home occupation. No excavating equipment shall be parked overnight on a residential lot or an adjacent street as part of a home occupation.

No equipment or machinery shall be permitted that produces noise, noxious odor, vibration, glare, electrical or electronic interference detectable on another property. The use shall not involve the storage or use of hazardous, flammable, or explosive substances, other than types and amounts typically found on a residential property. The use shall not involve the storage or use of "toxic" or "highly hazardous" substances.

A home occupation shall not be conducted in a manner that is perceptible to other residents between the hours of 9:00 p.m. and 6:30 a.m.

Any tutoring or instruction shall be limited to a maximum of three students at a time.

A barber or beauty shop shall not include any non-resident employees.

The main office of a medical doctor, chiropractor or dentist shall not be permitted as a home occupation.

See sign provisions in Section 703.

The Zoning Hearing Board shall deny a Major Home Occupation application, or limit its intensity through conditions, if the Board determines the use would be too intense for the proposed location. In making such determination, the Board shall review the likely amounts of traffic, the types of deliveries needed, the types of operations involved and related nuisances, the amount of off-street and on-street parking that is available, the density of the neighborhood, whether the use would be adjacent to another dwelling, and setbacks from other dwellings.

The use shall not involve manufacturing, other than of custom crafts and sewing. The use shall not involve commercial repair of motor vehicles.

The use may include sales using telephone, mail order, or electronic methods. On-site retail sales shall be prohibited, except for sales of hair care products as accessory to a barber/beauty shop.

If more than one home occupation is accessory to a dwelling, the total aggregate impact of the home occupations shall be considered in determining compliance with this Ordinance.

A zoning permit shall be required for any home occupation, except a Minor Home Occupation shall not need a Zoning Permit within Pike Township.

The use shall not routinely involve routine visits to the home occupation by customers or more than one non-resident employee at a time.

The use shall only involve the following activities:

In any case, a Minor Home Occupation also includes a use that meets all of the standards for a "No Impact Home Based Business" in the Municipalities Planning Code.

For tires not mounted on a motor vehicle, any outdoor storage of more than five tires on a lot in a residential district or more than 50 used tires in a non-residential district shall only be permitted as part of a Township/Borough-approved junkyard.

The outdoor storage of more than 50 used tires shall be limited to the General Industrial District.

Where allowed, any storage of used tires shall involve stacks with a maximum height of 15 feet, and that cover a maximum of 400 square feet. Each stack shall be separated from other stacks from all lot lines by a minimum of 75 feet. If the same set of tires is stored on a lot for more than six months, they shall be stored within a building or trailer.

The operator of a lot involving tire storage shall prove that the tires are stored in a manner that minimizes public health hazards from the breeding of vectors in accumulated water and/or that the site is regularly sprayed to minimize vectors.

Such limits shall only apply to dogs or cats over six months in age.

In an apartment dwelling unit, this maximum shall be reduced to three dogs and five cats.

In the RA, RC and RC-O districts on a lot of 10 acres or more, this limit shall be increased to 10 dogs and no limit shall apply to cats.

Any greater number of dogs and/or cats shall need approval as a "kennel".

The following and similar animals shall only be allowed to be kept if the Zoning Hearing Board approves a particular number and type of species as a special exception after the applicant proves they will not cause nuisances or hazards: bears, wolves, wolf-dog hybrids, venomous snakes that could be toxic to humans, constrictor snakes that could be dangerous to humans, lions or tigers. "Exotic Wildlife" shall also require an exotic wildlife possession permit from the State.

Maximum total floor area of all accessory buildings- 1,000 square feet.

Maximum of two accessory buildings per lot.

The parking of a maximum of one vehicle of up to 13,000 pounds aggregate gross vehicle weight, or

The parking of one vehicle with an aggregate gross vehicle weight of over 13,000 pounds aggregate gross vehicle weight, provided such vehicle is kept a minimum of 100 feet from any existing dwelling on another lot and provided a row of evergreen trees meeting Section 803 is planted or existing trees are preserved to buffer views of the vehicle from the street and dwellings on other lots.

The following provisions shall only apply within Colebrookdale Township: A recreational vehicle or unit shall only be stored: (a) in a garage, (b) in a roofed structure, or if stored elsewhere on a lot, a minimum of 25 feet from a street right-of-way line. A recreational vehicle or unit may be parked in the required front yard of a dwelling for up to two days in any seven-day period for loading and unloading. For the purposes of this section, a recreational vehicle or unit shall be defined as a piece of equipment, whether self-propelled or designed to be pulled or carried, which is intended primarily for leisure time or recreational use. Recreational vehicles or units shall include, but are not limited to: travel trailers, truck-mounted campers, motor homes, folding tent campers, buses or trucks adapted for vacation use, snowmobiles, mini-bikes, all terrain vehicles, go-carts, boats, boat trailers and utility trailers.

Within Pike Township, a recreational vehicle with a length greater than 22 feet shall be parked or stored a minimum of 20 feet from a road right-of-way.

The Borough of Boyertown has a separate ordinance regulating recreational vehicle parking on-streets.

Activities Permitted. The accessory uses may provide for the sale of wine, beer or other malt beverages and related products, tasting, instruction related to the wine making or brewing process, and hosting special events per the regulations set forth below.

Special Events. The use of indoor and outdoor space for special events such as parties or receptions is permitted in accordance with the following standards. Permanent restaurant uses are not permitted.

Minimum Lot Size. Except as provided in section b(ii)(a), above, the lot on which the Winery or Brewery is located shall be at least 10 contiguous acres in size and at least four of the acres on the lot on which the accessory use is located shall be planted with wine-producing crops or crops used in the production of malt or brewed beverages by the operator of the accessory use. The use(s) shall only be permitted as an accessory use to the principal use of the property for crop farming.

Floor Area. The maximum floor area of any building associated with an accessory use which is devoted to sales and serving the customers shall be 7,500 square feet. Floor area devoted to serving the customer shall include any area for customer access and circulation, for the display of products including floor area devoted to counters, tables, display cases, preparing products for customers and similar purposes. Floor area not included in the area devoted to serving the customer would include kitchen and food prep areas, display area outside the building or structure as well as inside floor area for storage and processing of wine, beer or malt beverages where customer access is restricted to instructional tours related to the wine making or brewing process.

Minimum Road Frontage. The property which is the subject of a winery or brewery use accessory to agriculture, use must have frontage on and access to a minor collector street or street of a higher classification. The operator of the use shall demonstrate sight distances at the entrance and exit which meet the criteria of the applicable municipality's Subdivision and Land Development Ordinance and/or Traffic Ordinance, as applicable.

Noise Regulations. Amplified music is permitted subject to compliance with the applicable Township noise regulations.

Lighting. Lighting may be used for special events for the duration of the event only and may not shine or produce glare on adjacent properties.

Parking shall be provided in designated parking areas. On-site parking areas associated with this accessory use, including parking for special events, shall be designed to accommodate one space per employee, two spaces for a dwelling unit (if applicable) plus sufficient additional spaces as determined by the local governing body as part of the land development approval process as necessary to accommodate the anticipated number of customers and/or visitors to the accessory use. In no event shall there be fewer than 80 parking spaces, all of which shall be improved to a minimum gravel and stone condition and otherwise in accordance with Article 6 of this Ordinance. The designated parking area shall be a minimum of 30 feet from all public roads.

Auxiliary parking areas may be utilized for special outdoor events. Auxiliary parking areas shall provide off-street parking on grassed lawns or mowed fields which are owned by the winery or brewery. Driveways leading to the auxiliary parking areas shall comply with all applicable Township slope and site distance regulations. To the extent that customers are required to cross a public road to walk from the auxiliary parking area to the site of the special outdoor event, the winery or brewery shall provide security personnel to control the street crossing so as to minimize the risk of harm to customers while crossing the public street.

Driveways to/from public roads to/from parking areas shall have a paved apron at the entrance/exit which is a minimum of 30 feet in length from the edge of paving, as well as a gravel and stone tire-cleaning area in a minimum length as approved by the applicable municipality. Driveways shall be sufficient to accommodate two-way traffic or, if approved by the applicable municipality, separate driveways may be utilized for one-way ingress and egress traffic provided that such ingress and egress are in compliance with Pennsylvania Department of Transportation regulations.