Control of potential adverse effects. This chapter establishes a list of land uses possessing characteristics that may result in adverse effects on adjoining properties if not properly controlled and regulated. The Board of Supervisors is empowered to authorize these land uses, contingent upon meeting certain safeguards, standards and conditions that are intended to limit such potential adverse effects. These standards shall supersede any standard or regulation contained elsewhere in this chapter, and shall be regarded as conditions that are necessary for the approval of any conditional use.

Compliance with special standards. The applicant shall demonstrate compliance with these standards and must furnish evidence as may be necessary to demonstrate such compliance. The burden of proof shall rest with the applicant, and the Board of Supervisors may reject any purported evidence or proof offered in support of an application if the Board finds that the evidence or proof is not compelling or adequate. All conditional uses shall also comply with the standards for uses in the zoning district in which the conditional use is to be established, unless provisions in this article require different standards, in which case the more stringent standards shall apply. These standards shall be continually complied with.

Additional conditions. In granting any conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed below, as it may deem necessary to implement the purposes of this chapter.

Use of experts. In hearing and deciding upon applications for any conditional use, the Board of Supervisors may call upon any experts or authorities it may deem necessary to assist it in arriving at a fair and impartial determination.

Fees. Fees for hearing and deciding upon conditional uses may be assessed in accordance with a fee schedule adopted by the Board of Supervisors.

Hearings. The Board of Supervisors shall hold a hearing on all applications for conditional uses, following the procedures in § 320-181.

Referral to the Planning Commission. The Zoning Officer may request applicants for conditional uses to attend a meeting of the Township Planning Commission, to allow the Planning Commission to make recommendations to the Township Supervisors.

Expansions of conditional uses. The expansion, enlargement, intensification, or other increase in the extent of any conditional granted by the Township Supervisors shall require the issuance of an additional conditional use approval.

Permits. No person shall operate an adult entertainment establishment without first obtaining any use or occupancy permits as may be required by law.

Environmental impact assessment. The applicant shall provide an environmental impact assessment according to the provisions in the Appendix 1 of this chapter.[1]

Proximity requirements:

Lot size. Lots shall not be less than one acre.

Control of nuisances. The applicant shall provide a plan to control noise, litter, loitering, parking, traffic, and lighting spill light.

Parking. Notwithstanding the provisions of Article XV, not less than one parking space for each 100 square feet of gross floor area shall be provided.

Hours of operation. The Board of Supervisors may regulate hours of operation to limit adverse effects on adjacent residential areas.

Annual review. The Board may require an annual review of compliance with these conditions.

Enclosed buildings. All devices shall be located in, and all activities shall take place within enclosed buildings.

Proximity requirements. No amusement arcade shall be located within 500 feet of any parcel of land that contains any of the following land uses:

Landscaping. The Township may require screening and landscaping.

Site size. Sites shall not be less than 10 acres.

Setbacks. All facilities and parking areas shall be set back not less than 250 feet from all lot lines, and 500 feet from any residential area.

Access. All access shall be from a major collector road.

Screening. The Township may require screening.

Vegetation and erosion control. Amusement parks shall not permanently destroy the natural vegetation or ground cover, or cause erosion or sedimentation.

Transient uses. Amusement parks shall be permitted as transient uses, not to exceed two events of not more than one week each in duration each per year.

Occupancy of agricultural soils. Not more than 25% of the facility shall be located on prime agricultural soils.

Control of nuisances. The applicant shall submit a plan for controlling noise, litter, hours of operation, parking, traffic, pollution, trespassing on nearby properties, sanitation, and loitering.

Traffic impact analysis. A traffic impact analysis shall be provided, evaluating the following:

Lighting. Lighting shall not be directed towards any adjoining property.

Height. Notwithstanding provisions otherwise limiting maximum height, structures exceeding the maximum permitted height may be permitted if they are set back from all property lines a distance equal to their height, plus 50 feet.

Removal upon closing. All park facilities shall be removed within two weeks after the event.

Environmental impact assessment. The applicant shall provide an environmental impact assessment according to the provisions in the Appendix 1 of this chapter.[1]

Lot area. The minimum lot area shall be two acres.

Locational controls. No facility shall be located within 200 feet of a school, place of worship, or public recreation area, or within 500 feet of any residential area.

Access. All accesses shall be designed to provide safe and convenient travel without the potential for backing vehicles into a public street.

Setbacks. Pumps, pump islands, vacuum stations, air towers, vending machines, canopies, and other structures shall not be located in any required yards or set backs. No outdoor display of products not associated with the use shall be permitted.

Landscaping. A landscaped screening area shall be provided along all property lines, excluding the front line, property lines adjacent to existing commercial uses, and access points. Planting shall not interfere with the normal line of sight needed for safe access and egress.

Review requirements. The following shall be shown on a land development plan:

Signs and lighting. The Board of Supervisors may limit lighting of signs if there are residential uses within 100 feet.

Occupancy of agricultural soils. The facility shall not occupy areas composed of more than 25% prime agricultural soils.

Hours of operation. The Board of Supervisors may impose limits on hours of operation.

Lot area. The lot area shall not be less than 20 acres.

Location. Not more than 20% of impervious area may be located upon prime agricultural soils.

Setbacks. All campsites shall be set back not less than 100 feet from all lot lines.

Density. Not more than eight campsites per gross acre shall be permitted.

Parking. Not less than one parking space per campsite shall be provided.

Recreation areas. All outdoor recreation areas shall be set back not less than 100 feet from all lot lines and shall be screened from adjoining residential properties.

Refuse. All sanitary and refuse collection facilities shall be set back not less than 200 feet from any lot line. Such facilities shall be screened from adjoining residential properties unless natural features or vegetation are present.

Retail uses. Campgrounds may include accessory retail or service facilities for the exclusive use of the campground's registered guests and their visitors. All accessory commercial uses and related parking shall be screened from adjoining residential parcels and shall be set back not less than 200 feet from all lot lines.

Access. All campgrounds containing more than 100 campsites shall have vehicular access to a major or minor collector road.

Signs. Not more than one two-sided sign is permitted per roadway frontage, not to exceed eight square feet per side.

Coverage. Roadways, campsites, or impervious surfaces may cover not more than 5% of the site.

Permanent structures. Campgrounds are not to be used for permanent habitation.

Plan for controlling nuisances. The applicant shall submit a plan for controlling noise, stormwater runoff, light, litter, traffic, and trespassing. Events such as concerts or outdoor activities that involve music or amplified sounds shall be set back not less than 500 feet from any residential area.

Maximum road grade. Maximum road grades shall be 10%.

Maximum slope. No areas of 15% slopes or greater shall be disturbed.

Screening. The Board of Supervisors may require screening at the periphery of the parcel.

Environmental impact assessment. The applicant shall provide an environmental impact assessment according to the provisions in the Appendix 1 of this chapter.[1]

Environmental impact assessment. The applicant shall provide an environmental impact assessment according to the provisions in the Appendix 1 of this chapter.[1]

Standards for retailing, offices, manufacturing, commercial storage, and similar activities:

Standards for commercial activities within structures existing as of the effective date of this chapter (i.e., conversions):

Standards for commercial activities in structures constructed after the effective date of this chapter:

Standards for manufacturing, warehousing and commercial storage, laboratories:

Lot size. Lots shall not be less than 10 acres.

Screening. Perimeter screening shall be provided, with a width of not less than 100 feet.

Setbacks. No structure shall be within 500 feet of any lot line.

Public address system. No outdoor public address system shall be audible at any point along any lot line.

Access. All access shall be from a major collector road.

Environmental impact assessment. The applicant shall provide an environmental impact assessment according to the provisions in the Appendix 1 of this chapter.[1]

Intent. The Township Supervisors seek to preserve the rural and agricultural character of the Township and its open space. This is primarily accomplished through the preservation and promotion of agricultural land uses. However, circumstances occasionally require the use of supplemental income-generating activities to preserve farmlands, especially during non-growing seasons. Therefore, the Township seeks to permit and regulate farm-based entertainment-type activities on farmlands, subject to the standards and conditions in this section. The farm-based entertainment activity is intended to enhance and preserve the agricultural viability of the parent tract and shall be the secondary use of part of the tract (as determined by the length of time when the entertainment activity is occurring, amount of impervious areas, etc.) and shall not become the primary use of the parcel. Such activities may include, but are not necessarily limited to, hayrides, concerts, carnivals, "capture-the-flag-type activities," and similar activities.

Minimum parcel size. The farm-based activity shall be conducted on parcels at least 25 acres in size. Not more than one farm-based entertainment activity shall be conducted per parcel. The activity may include more than one form of event.

Duration.

Preservation of prime agricultural soils. No areas of prime agricultural soil shall be occupied by an activity in a way such that the soils are rendered no longer available for agricultural use at times when the activity is not operating.

Inspections. The applicant shall demonstrate that structures to be occupied by the public shall not pose any danger to life or safety due to fire, collapse, panic, or similar danger. The applicant shall hold liability insurance in an amount not less than $1,000,000, which shall name the Township as an additional insured, and shall be in effect continuously during the operation of the activity. Inspections by the Pennsylvania Department of Labor and Industry may be required.

Exterior storage. All exterior storage of items used during the activity within 200 feet of a residential area shall be screened.

Access, parking and screening. The activity shall front on and gain primary access from at least one major collector road. Driveway entrances and exits should be set back not less than 300 feet from all adjoining residential areas, where conditions permit. Parking areas for more than 100 vehicles shall be set back from adjoining residential structures (not owned by the applicant) not less than 200 feet. The Township may require the applicant to install a fifteen-foot-wide vegetative screen along the property line that abuts any parking area. The applicant shall prepare a plan for controlling traffic and circulation on the site and at streets and intersections within one mile of the site that are anticipated to be used by patrons traveling to and from the site. The Township may require that applicant to provide qualified traffic control personnel and to reimburse the Township for any unusual municipal expense it incurs in controlling traffic due to the activity.

Paving. The Township may require a paved apron or a gravel scraping area to prevent tracking of mud or debris onto any public roadway.

Proximity to residential areas. The activity (excluding parking) shall be located not less than 400 feet from any existing residence not owned by the applicant, and not less than 100 feet from any residential property line.

Signs. Notwithstanding provisions of Article XIV to the contrary, not more than two outdoor roadway signs shall be permitted at the farm-based entertainment activity, not to exceed 16 square feet each, excluding directional signs. Maximum height shall be 15 feet. The Township may limit lighting if the sign is within 200 feet of a residential area. Additional temporary off-site signs may be permitted by the Township with the consent of the owners on which they are to be located, but shall be removed not later than 24 hours after the close of the activity.

Temporary structures. Structures used for the event shall be removed not later than 14 days after the last scheduled date of the event. Such structures may be relocated to a designated and screened storage area on another portion of the parcel. This provision shall not apply to utilities and fences.

Residence of owner. At least one owner of operator of the farm-based entertainment activity shall reside on the premises as the primary domicile.

No subdivision. No portion of the site containing the farm-based entertainment activity shall be subdivided from the parent tract.

Conversions. All structures constructed for the farm-based entertainment activity shall be of the nature that they can reasonably be converted to accommodate a permitted agricultural use, or shall be removed upon the close of the activity.

Emergency telephone use. The applicant shall establish a telephone number that is staffed continuously while the farm-based entertainment activity is in operation, which shall be available for use by persons with a bona-fide need to communicate with the applicant, such as to convey a complaint. The telephone number shall be provided to persons upon written request made not less than one week prior to the first scheduled date of the activity.

Lighting. Pole-mounted lights shall not exceed 25 feet in height and shall be directed towards the interior of the site.

Noise. Sound-amplification devices used in conjunction with carnivals, games of chance, rides, recorded music, and similar activities (not including live concerts) shall be positioned such that the speakers are oriented at an angle of not less than 45° below the horizon. This provision shall not apply to artificially amplified or created sound that is manifestly not perceptible by persons of average hearing ability at the nearest residential parcel, and shall not apply to amplified sound that originates within a completely enclosed structure.

Plan for the control of litter. The applicant shall provide a plan for the removal of litter (on-site and off-site) resulting from the farm-based entertainment activity.

Written plan of activity. The Township's written decision shall be based on and shall clearly reflect the plan for the activity as it is approved by the Township, which may be supplemented with drawings, maps, or other materials deemed necessary to illustrate the extent and limits of the farm-based entertainment activity.

Additional conditions. If a proposed farm-based entertainment activity presents a fire hazard, emits smoke, dust or other pollutants, noise, light or glare, or may create a nuisance, the Township may attach other reasonable conditions as deemed appropriate.

Expiration of permit. The permit for the farm-based entertainment activity shall automatically expire if the applicant does not conduct the activity for a consecutive period of one year. The permit shall be transferable to subsequent resident-operators of the activity, who shall meet with the Zoning Officer to review the terms and conditions of the approval prior to reinstating the activity.

Environmental impact assessment. The applicant shall provide an environmental impact assessment according to the provisions in the Appendix 1 of this chapter.[1]

Conventional size golf courses:

Miniature-size golf courses:

Location of activities. All service and/or repair facilities shall be conducted within enclosed structures or in rear or side yards.

Screening. All exterior storage and/or display areas shall be screened from adjoining residential areas. All exterior storage or display areas shall be set back not less than 50 feet from adjoining lot lines and shall be covered with a dustless surface.

Fencing. The storage of junked vehicles, boats, machinery, trucks, trailers, motor homes, vehicle bodies, and similar equipment shall be located only within a fenced-in area (fences facing front yards shall be solid and not less than six feet in height).

Vents. All ventilation outlets shall be set back not less than 50 feet from any lot line.

Outside storage of vehicles. No unregistered vehicle shall be stored outside for more than 180 days.

Control of nuisances. The applicant shall submit a plan for controlling noise, traffic, and lighting.

Coverage. The impervious surface associated with the facility shall not exceed 15% of the site.

Lot size. Minimum lot size shall be 10 acres.

Setbacks. All landing facilities, hangars, fueling facilities and support structures shall be set back from all lot lines not less than 300 feet.

Landing surface. The landing surface shall be paved and shall contain no structure or other obstacle other than those required for safety purposes.

Screening. Trees, shrubbery and other landscaping shall be provided in quantities and dimensions deemed necessary by the Township to minimize the visual impact of the facility.

Approach zones.

Fuel and fire facilities. All fuel, fire and safety equipment shall be subject to the approval of the State Fire Marshal.

Control of nuisances. The applicant shall provide a plan for the control of noise, spill light, odors, and other effects of the facility. The Township may impose restrictions on hours of operation and lighting, flight altitude over residential areas, or such other requirements as may be appropriate and reasonable to protect the health, welfare, and safety of Township residents and their property.

Compliance with other applicable regulations. In addition to the requirements of the Township, the applicant shall comply with the rules and regulations of the Bureau of Aviation, Pennsylvania Department of Transportation, and the Federal Aviation Administration. No permit for the use of a heliport or helistop shall be issued by the Township until the applicant has obtained and submitted to the Township an appropriate license or other certification of regulatory compliance from the Bureau of Aviation, Pennsylvania Department of Transportation.

Parking. Parking shall be provided as required in Article XV.

Environmental impact assessment. The applicant shall provide an environmental impact assessment according to the provisions in the Appendix 1 of this chapter.[2]

Lot size. Not less than 15 acres shall be provided.

Access. Access shall be from a major or minor collector road.

Entrances near residential areas. No entrance shall face any residential area within 100 feet.

Control of nuisances. The applicant shall provide a plan for controlling traffic, lighting, and noise, including noise from ambulance and helicopter use.

Screening. The Township may require screening.

Lot size. Not less than five acres shall be provided.

Conditions of occupancy. Hotel or motel units shall not be used as apartments for nontransient tenants, shall not contain more than two rooms and shall not be connected by interior doors in groups of more than two units each.

Unit size and facilities. Each hotel or motel room unit shall have an area of at least 300 square feet. Each hotel or motel unit shall have a bath facility with at least one shower or bath, toilet facility and sink.

On-site office. Each hotel or motel shall have an on-site office.

Facilities for managers. One apartment with or without kitchen facilities for the use of the hotel or motel manager or caretaker and family within the building is a permitted accessory use.

Access. Access shall be from a major or minor collector road.

Fencing. All grazing areas shall be fenced.

Manure setbacks. No manure storage shall be located within 300 feet of any lot line.

Nutrient management plan. The Township shall require the provision of a nutrient management plan, as may be regulated by the USDA NRCS and the Agricultural Extension Service.

Long-term disposal of manure. The applicant shall demonstrate that an adequate site for the disposal of manure is available on a long-term basis.

Setbacks. Poultry houses and facilities for the housing of swine or hogs shall be no closer than 500 feet to any residential structure, except any such structure located on the same premises, and shall be no closer than 300 feet to any property line or street right-of-way.

Locational criteria. No parking shall be located within 100 feet of any residential area.

Screening. The Township may require screening.

Control of nuisances. The applicant shall provide a plan for controlling loitering, noise, littering, and lighting.

Control of lighting. No lighting shall shine towards any residentially zoned area.

Access. Access shall be from a major or minor collector road.

Licenses. Applicants shall secure all appropriate state permits or licenses prior to the issuance of a building permit.

Storage setbacks. No storage of plants or materials shall be located within 25 feet of any residential area.

Vehicle setbacks. No motorized vehicles or equipment (i.e., backhoes, dump trucks, forklifts, etc.) shall be used within 75 feet of any lot line, except for property maintenance.

Screening. The Township may require screening to limit adverse effects on residential areas.

Access. All facilities involving sales areas of more than 10,000 gross square feet (both indoors and outdoors) shall have access to a major or minor collector road.

Parking. Parking shall be provided according to the provisions of Article XV.

Similar adjoining lot sizes. Lot sizes of adjoining subdivisions or developments are similar to the lot sizes as proposed by the applicant.

No public utility service. The parcel is not served by public sewer or water utilities and that the provision of common sewer and water facilities is not feasible.

Protection of environmental features. Sensitive environmental features as listed in the Conestoga Township Comprehensive Plan will not be disturbed by the use of the Option 3 development.

Yard setbacks. Lot sizes in excess of the standards for Option 1 and 2 subdivisions are necessary to achieve greater setbacks from collector roadways as described in the Township Comprehensive Plan.

Demonstration of inadequacy of alternate options. The applicant shall show (with a sketch plan or other similar presentation) that both Option 1 and 2 subdivision shall not be appropriate for the tract.

Lot sizes. Lots shall not be less than the following:

Setbacks. No extraction or processing shall be permitted within 200 feet of any lot line or 500 feet of any residential area.

Compliance with other regulations. The Board may condition Township approval upon securing the approvals of applicable state and federal agencies.

Screening. The Township may require the use to be screened from all roads and adjoining properties and may require the use of chain-link fencing, not less than eight feet in height.

Driveway access. All uses shall provide sufficiently long stacking lanes into the facility, to avoid the backup of vehicles onto public roads.

Driveway paving. All driveways onto the site must be paved with asphalt not less than 100 feet from the street right-of-way line. In addition, a forty-foot-long gravel section of driveway shall be placed just beyond the preceding 100-foot paved section to dislodge any debris that may have become attached to wheels. All access roads shall be cleaned of debris daily.

Supervision. A qualified facility operator shall continuously supervise all operations.

Access control. Access to the site shall be controlled to prevent unauthorized dumping, trespassing, or vandalism.

Control of leachate. Leachate shall be disposed in compliance with any applicable state and federal laws or regulations. In no event shall leachate be disposed of in any stormwater facility, into the ground, or in any other manner inconsistent with the regulations of the Pennsylvania Department of Environmental Protection.

Water study.

Landscaping. A landscape strip shall be located along all property lines. No structures, storage, parking or any other related activity or operation shall be permitted within this landscape strip. Fences or other screening erected on the site must not be located within this landscape strip. Quarries shall provide not less than a 100-foot-deep landscaping screen, and all other uses shall provide not less than 50 feet. The Township may require that an elevated berm be incorporated into the landscape strip.

Control of nuisances and access control. The applicant shall submit a plan demonstrating safe access to the site, control of odors, noise, vermin, sanitation, trespassing, control of blowing litter, and control of fly rock if blasting is proposed.

Hours of operation. The Board of Supervisors may limit hours of operation.

Access. All access shall be from a major or minor collector road.

Plan for reclamation. A plan shall be prepared for reclamation of the site upon conclusion of the activity.

Prime agricultural soils. No prime agricultural soils may be occupied by the activity.

Environmental impact assessment. The applicant shall provide an environmental impact assessment according to the provisions in the Appendix 1 of this chapter.[1]

Lot size. Lots shall not be less than 10 acres.

Staffing. All facilities shall be staffed during hours of operation.

Control of unauthorized access. All facilities shall be fenced to prevent unauthorized access or dumping during times when no attendant is on duty, and the Township may require the use of secure fencing, not less than eight feet in height.

Screening of storage. Outdoor storage shall be screened.

Control of nuisances. The applicant shall provide a plan for controlling noise, traffic, odor, and litter.

Storage of hazardous substances. Activities involving waste oil, pesticides, paints, or other hazardous substances shall be conducted in completely enclosed structures, with an impervious floor to prevent leakage into the ground.

Setbacks. All facilities shall be set back not less than 100 feet from all lot lines, and not less than 500 feet from any residential area.

Occupancy of agricultural soils. Not more than 10% of the facility shall be located on areas composed of prime agricultural soils.

Access. Access shall be from a major or minor collector road.

Intent. The Township historically has included a number of agriculture-related land uses within its agricultural areas. These activities have supported the agricultural uses by providing supplemental income or services. In the interests of providing opportunities for limited supplemental income for agricultural areas, certain nonagricultural activities are therefore permitted, subject to the provisions of this section.

Permitted uses. Supplemental commercial activities may include the following, if agricultural-related: light manufacturing, machinery or electronic repair, materials processing, office facilities, research facilities, mini warehouses, and similar activities, provided that the aggregate floor area of the activity shall not exceed 1,000 square feet. However, when an existing structure is used, there shall be no floor area limit or setback requirements. Taverns, restaurants, bars, amusement arcades, and nightclubs are not supplemental commercial activities.

Number of commercial activities per site. Not more than one supplemental commercial activity is permitted per parcel. No supplemental commercial activity shall be permitted on parcels of less than 10 acres.

No subdivision. The commercial activity shall not be subdivided from the parent parcel.

No additional construction. If an existing structure is used which exceeds 1,000 square feet of floor area, there shall be no construction of new facilities on the site for a period of two years.

Lighting. Lighting shall not exceed the minimum amount necessary to maintain safety. No pole- or building-mounted lights above 10 feet above grade are permitted.

Conversion to permitted uses. All structures shall be designed and constructed such that they can be converted to a permitted use upon the termination of the commercial activity without excessive reconstruction or expense.

Retail sales limitation. Not more than 500 square feet of the site shall be used for retail sales.

Separation from residential district. Supplemental commercial activities shall not be located within 500 feet of any residential district.

Storage of materials. The Township may require that outdoor storage of supplies, materials and products be screened from adjoining roads and properties. The display of farm equipment for sale shall be excluded from this provision.

Signs. Notwithstanding provisions in Article XIV to the contrary, not more than one outdoor sign shall be permitted for each business, not to exceed 16 square feet. The Township may limit the use of lighting of signs located within 100 feet of an off-site residential structure.

Control of nuisances. The Township may require the applicant to provide a plan for controlling noise, odors, traffic, vehicular movements, and hours of operation.