Fences and walls. No fence or wall (except livestock, required junkyard or tennis court walls or fence or retaining wall of a building permitted under the terms of this article) shall be erected to a height of more than three feet in a front yard and more than six feet in any other yard within the A, R, LDR, MDR, HDR, VC, and F Zones. Within any GC, HC, LI, HI, and Q Zone, no fence or wall shall be erected to a height of more than 10 feet in any yard. However, in no case shall a fence or wall block a motorist's view of vehicles entering or exiting the property. Fences or walls are not included within the setback requirements for accessory uses.

Swimming pools. Swimming pools may be permitted in any zone. No permanent swimming structure shall be permitted without an operable filtration system utilizing chlorine, bromine or some other antibacterial agent. All swimming pools shall be completely enclosed by a minimum four-foot-high fence or wall with a self-closing and lockable gate; however, this does not apply to aboveground pools having a wall measuring no less than four feet in height at any perimeter point, and having a retractable ladder. Such fence or wall shall be erected before any pool is filled with water. All pools, including any decks, must be set back at least 10 feet from all lot lines. No water from a pool shall be discharged onto any public street or alley, or onto any adjacent property. These requirements shall not apply to man-made ponds, lakes or other impoundments, unless the primary purpose for their construction is swimming.

Tennis courts. Tennis courts may be permitted in any zone. All tennis courts in residential zones shall include an open mesh permanent fence 10 feet in height behind each baseline. Such fence shall extend parallel to said baseline at least 10 feet beyond the court's playing surface unless the entire court is enclosed. Any lighting fixtures shall be arranged to prevent objectionable glare on adjoining property.

Satellite dish antennas. Satellite dish antennas are subject to all accessory use standards. Furthermore, any satellite dish antenna located within the A, R, LDR, MDR, HDR, VC, and F Zones shall be used only to receive signals, not transmit them. All ground-mounted satellite dish antennas located within the R, GC, LI, HI, and F Zones that are used to transmit video format data shall be completely enclosed by an eight-foot-high nonclimbable fence that includes signage warning of dangerous radiation levels. Any gates within the fence shall be locked when unattended. Satellite dish antennas within the GC, LI and HI Zones shall comply with all principal use standards.

Alternative energy sources. Except for those contained on farms, wind energy conversion systems (WECS) shall not be permitted in the front yard area of any property. Height regulations do not apply to WECS units, provided that the height of the WECS unit shall not be greater than the shortest distance measured along a horizontal plane from the unit to any lot line. WECS units may be placed on the roof of any structure, provided that the perimeter of the unit does not cover 25% of the roof area of the structure on which the WECS unit is placed. The additional height extension shall be so positioned that the height of the WECS unit above the roof is less than the distance measured along a horizontal plane from such unit to any lot line. All transmission lines to and from any freestanding WECS unit or any supporting building or structure shall be buried underground. Solar energy units shall be permitted in any zone and subject to the requirements of that zone.

Ornamental ponds and wading pools. Ornamental ponds and wading pools may be permitted in any zone, subject to the following:

Man-made lakes, dams and impoundments. All lakes, dams, ponds and impoundments may be permitted in any zone, subject to the following:

Garage/yard sales. Within any zone, an owner and/or occupant may conduct up to two garage/yard sales per year. No garage or yard sale shall be conducted for a period longer than three consecutive days. Such sales may offer for sale personal possessions; no import or stocking of inventory shall be permitted. Only one four-square-foot sign shall be permitted advertising the garage/yard sale located upon the premises where the sale occurs, and shall be removed promptly upon the completion of the sale. In no case shall any aspect of the garage/yard sale be conducted in a street right-of-way. The conduct of garage sales beyond the extent described herein represents a commercial business and requires appropriate zoning authorization.

Accessory repair of personal motor vehicles. Within any residential zone, or upon any property used principally for residential purposes, the routine maintenance, repair and servicing of personal motor vehicles, owned and/or leased in writing by the person performing such services, is permitted, subject to the following:

Unlicensed, unregistered or uninspected motor vehicles. Motor vehicles without current, valid license plates, registration or inspection stickers shall in all zones be required to be parked outside the street right-of-way and either covered at all times with a tarp or located in a completely enclosed building. The requirements of this section shall not be applicable to farm implements and other farm vehicles not normally used as a means of conveyance on public highways. Neither shall this section, in and of itself, prevent the unenclosed storage of unlicensed, unregistered or uninspected vehicles if such storage is performed in conjunction with the legal operation of a motor vehicle sales establishment, a motor vehicle service or repair establishment, or a junkyard.

Recreational vehicles, boats, campers and trailers. In all residential zones, no recreational vehicles, boats, campers, or trailers shall be stored or parked for more than any part of three consecutive days in any given month within the street right-of-way. The storage of such vehicles is permitted only within a driveway in the front yard, or behind the building setback line in the side or rear yard. In addition, such vehicles may be stored only where they are accessory to a principal use.

Buses and trucks. In any residential zone, the storage or parking of any bus or commercial truck within the street right-of-way is prohibited. For purposes of this section, commercial trucks shall include those that exceed a gross vehicle weight (truck plus rated payload) of 10,000 pounds.

Outdoor stockpiling. In all zones, no outdoor stockpiling of any material or outdoor storage of trash is permitted in the front yard. The outdoor stockpiling of material or storage of trash is subject to all accessory use setbacks. In any residential zone, the outdoor stockpiling of materials (except firewood) for more than one year, is prohibited.

Trash, garbage, refuse, or junk. Except as provided in §§ 215-83 and 215-90, the outdoor accumulation of trash, garbage, refuse, or junk for a period exceeding 15 days is prohibited.

Dumpsters. All trash dumpsters shall be located as specified in the A, R, LDR, MDR, HDR, VC, GC, HC, LI, HI, and Q Zones and screened as set forth in § 215-40 of this chapter.

Domestic composts. The placement of framed enclosure composts as an accessory residential use is permitted, subject to all accessory use setbacks. Only waste materials from the residential site shall be deposited within the compost, and in no case shall meat or meat by-products be composted. All composts shall be properly maintained so as not to become a nuisance to nearby properties.

Front yard setback of buildings on built-up streets. Where at least two adjacent buildings within 100 feet of a property are set back a lesser distance than that required or permitted, the average of the lesser distances becomes the required minimum front setback for the property. However, the setback line shall be no less than five feet from any abutting street right-of-way line in the Village Commercial Zone, and no less than 20 feet from any abutting street right-of-way line in all other zones; and

Accessory or appurtenant structures. The setback regulations do not apply to:

The height regulations do not apply to the following structures or projections, provided such structures or projections are set back a horizontal distance at least equal to their height from any property line:

Except as permitted by conditional use for public and private school purposes per § 215-92B hereinafter, in no case shall any freestanding or rooftop structure above the maximum permitted height be used for the purpose of providing additional floor space for residential, commercial, industrial or for public or private school purposes.

A front yard, as provided for in the area and lot requirements for the various zones, shall be required along each street on which a corner lot abuts.

On corner lots, no structure nor growth exceeding 30 inches in height shall be permitted within an area which is formed by a triangle where the two legs of the triangle extend 100 feet from the center-line intersection of the two intersecting streets.

Single-family (including mobile homes), duplex, and townhouse dwelling units: 700 square feet per dwelling unit;

Multifamily dwellings: 400 square feet per dwelling unit; and

ECHO housing, seasonal dwellings, cabins, temporary farmworker housing and apartments of two-family conversions: 250 square feet per dwelling unit.

General requirements:

General requirements:

Off-street parking shall be required in accordance with the provisions of this section prior to the occupancy of any building or use, so as to alleviate traffic congestion on streets. All parking exclusively serving agricultural and/or forestry-related activities shall be exempt from off-street parking requirements. Off-street parking shall be provided whenever:

Parking for a single-family dwelling. A single-family dwelling shall be required to provide two off-street parking spaces which may take the form of garages, carports or driveways. Additional regulations pertaining to driveways are contained in § 215-36 of this chapter. The remaining regulations contained in this section do not apply to off-street parking facilities serving one single-family dwelling.

Parking for all other uses:

Off-street loading shall be required in accordance with this section prior to the occupancy of any building or use, so as to alleviate traffic congestion in parking lots and on streets. These facilities shall be provided whenever:

General requirements:

Yard ground cover. Any part of the site which is not used for buildings, other structures, loading or parking spaces and aisles, sidewalks, and designated storage areas shall be planted with an all-season ground cover approved by the Board of Supervisors (e.g., grass, ivy, vetch, pachysandra, etc.). In addition, gravel can be substituted if done in a manner to complement other vegetative materials. It shall be maintained to provide an attractive appearance, and all nonsurviving plants shall be replaced promptly;

Landscaping requirements:

Screening. The following materials may be used: evergreens (trees, hedges, or shrubs), walls, fences, earth berms, or other approved similar materials. Fences and walls shall not be constructed of corrugated metal, corrugated fiberglass, or sheet metal. Screening shall be arranged so as to block the ground-level views between grade, and a height of six feet. Landscape screens must achieve this visual blockage within two years of installation; and

Selection of plant materials:

General requirements:

In addition to the general sign regulations listed in the preceding Subsection A, specific regulations, attached hereto and incorporated herein as Attachment 1,[1] are hereby adopted by the Township of Derry and shall apply to all signs, as applicable. (See Attachment 1.)

Sign permits. For signs requiring permits in Subsection B, the following requirements shall apply prior to the erection of said signs:

As of the effective date of this chapter, all future uses that rely upon on-lot sewage disposal systems shall be required to specifically test for and secure one disposal site (field, bed or trench) and another alternate disposal site. Both disposal sites shall be approved by the Sewage Enforcement Officer. Furthermore, the alternate disposal site shall be perpetually protected from excavation, construction and other activities that would result in disturbance of the soils' ability to renovate sewage effluent until such time as the alternate field may be activated due to malfunction of the initial disposal site;

Regardless of any maximum lot area requirements listed elsewhere in this chapter, the minimum required lot size may be increased to insure an acceptable level of nitrate-nitrogen in the adjoining groundwater. Such determinations will be made by the PA DEP through its sewer module review process. In those cases where applicable maximum lot area requirements are exceeded to protect groundwater quality, the applicant shall furnish evidence that the amount of land needed to protect local groundwater is the minimum necessary for such protection; and

Every use relying upon on-lot sewage disposal systems shall be required to properly maintain and repair such systems.

Part I, Department of Environmental Protection, of Title 25, Environmental Resources, of the Pennsylvania Code:

All other applicable state and federal regulations regarding land resources; water and air quality; hazardous, municipal and residual waste; and noise.

Handicap access. The latest version of the Americans With Disabilities Act.[1]

All uses requiring a traffic study shall provide a study prepared by a professional traffic engineer with the following minimum considerations:

The use of such flag lots would reduce the loss of productive farmlands and/or the conversion of other significant environmental features (e.g., steep slopes, floodplains, wetlands, woodlands, wildlife habitats). The applicant must demonstrate by credible evidence that the use of flag lots would better protect these natural features than would development under the zone's conventional design standards;

All flag lots shall either have direct street frontage or direct vehicular access to a joint-use driveway that serves no more than four individual dwelling lots, each of which must be contiguous to at least one other lot. Individual driveways and shared driveways serving two dwellings shall comply with § 215-36 of this chapter. Shared driveways serving three or more dwellings shall comply with § 215-37 of this chapter;

Cross access easements to ensure common use of, access to, and maintenance of joint-use driveways shall be implemented for each property relying upon said joint-use driveway; such cross access easements shall be required in language acceptable to the Township Solicitor; and

For the purpose of establishing yards and setbacks upon lots using joint-use driveways, the joint-use driveway shall be considered a "street right-of-way;" as defined herein.

Procedure. All proposed developments involving subdivisions, land developments or zoning permits shall be subject to the provisions herein. All applications submitted subject to this section shall be reviewed and approved by the Board of Supervisors, after review by the Planning Commission and/or any other specified agent of the Township. The review process shall be the same as that applied to conditional uses (see § 215-133). Should the Board of Supervisors determine that the applicant's statement does not adequately address the requirements, or that the proposed use, by nature or design, cannot be accomplished in a manner that is compatible with environmental conditions, the application shall be denied. As an alternative, the Board may approve the application with conditions imposed that directly respond to the application's deficiencies;

Disputes over the presence/location of specific natural resources. Should a dispute concerning the presence, extent and/or location of a particular natural resource arise, the initial determination of the Zoning Officer may be appealed to the Board of Supervisors. In such instances, the burden of proof shall rest with the applicant;

Natural resource review standards (applicable to all permitted, special exception and conditional uses):