Except as noted elsewhere in this chapter, no accessory building or structure shall be permitted within 10 feet of the lot line or within the front yard setback.

Except as noted elsewhere in this chapter, no accessory building or structure shall exceed 25 feet in height. The height of the accessory building or structure above its base shall be less than the shortest distance from such base to any lot line.

Accessory buildings or structures for agricultural and horticultural uses shall be exempt from the building height and open area requirements specified in this chapter. The height of the accessory building or structure above its base shall be less than the shortest distance from such base to any lot line.

No permanent accessory building or structure shall be constructed on any lot prior to the commencement of construction of the principal building to which it is accessory.

Subsections .2 and .3 indicate accessory uses and their specifications for residential and nonresidential land uses.

Private, noncommercial, in-ground swimming pools which are designed to contain a water depth of 18 inches or more shall be entirely enclosed with permanent fence not less than four feet in height. The pool shall not occupy more than 50% of the minimum yard area in which it is located. Section 27-720 of this Part provides additional standards and provisions for swimming pools.

Unless otherwise specified within this chapter, detached garages, green houses, and other outbuildings are permitted as accessory uses provided they are not located within 10 feet of the lot line or within the front yard setback. All such uses shall be erected, enlarged, or demolished in accordance with all applicable Township Building Codes [Chapter 5, Part 1].

Patios, paved terraces, and open porches shall not be located closer than 10 feet to side and real property line, or within the front building setback line. An enclosed porch or patio must meet minimum yard setback requirements. An enclosed porch or patio is defined as a roofed structure.

Private, noncommercial tennis courts shall not be located within 10 feet from any property line or within the front building setback line. A tennis court shall not be located over a drainage field of a sewage disposal system.

Satellite receiving dishes if mounted at ground level shall not be located closer than 10 feet from side or rear property lines or within the front building setback line.

The keeping of domestic farm animals is permitted provided that all activities are in compliance with § 27-705, "Agricultural Use Regulations," of this chapter and do not result in a threat to the health or safety of the adjacent property owners.

Storage facilities are permitted. The outdoor storage of materials shall be screened from the view of adjacent properties.

Living quarters are permitted only for proprietors, watchmen, caretakers, or similar employees.

Restaurants, cafeterias, and recreational facilities are permitted provided that they are intended for the use of employees only, unless they are permitted as principal uses in the zoning district in which they are constructed.

The office or related workplace of a licensed medical practitioner or allied health field, massage therapist, dentist, architect, artist, baker (provided that the baked goods are delivered to the customer and not sold from the premises), lawyer, accountant, insurance agent, real estate broker, teacher, tax collector, engineer, music or voice instructor, dressmaker, milliner or seamstress, barber or beautician, or similar occupation shall be deemed to be a "home occupation."

All dwelling units which accommodate a home occupation use shall have direct access to a public street. Furthermore, the home occupation shall be secondary to the use of the property as a residence and shall not change the residential character of the dwelling or have any exterior evidence of such secondary use other than a permitted sign subject to § 27-726, "Signs," of this chapter.

The principal person engaged in the home occupation shall be a resident of that dwelling.

Employment in the home occupation shall be limited to residents of the premises and not more than one person who is not a resident of the premises.

No more than one home occupation per residence shall be permitted, although a no-impact home business and a home occupation may be permitted in a single residence.

The home occupation shall be conducted wholly within the principal residential structure or an accessory structure to the principal residential structure (i.e., a detached garage.)

A home occupation shall not occupy a total area of more than 25% of the total floor area of the residential dwelling unit.

All parking shall be off-street. Three off-street parking spaces in addition to those required for the residence units shall be provided, except that in the case of the office of a medical practitioner or dentist, four spaces shall be provided.

A zoning permit issued by the Township is required for all proposed home occupations.

A secondary farm family business shall only be permitted on a working farm of at least 20 acres in size.

In the RC District, only one home occupation is permitted (either a standard home occupation as listed above or the secondary farm family business described herein).

A maximum of two employees shall be permitted in conjunction with the secondary farm family business in addition to family members or farm laborers employed in the primary farm business.

Secondary farm family business may include, but not be limited to, the following, where clearly subordinate to the principal agricultural use of the property:

Setbacks for residential buildings on a farm property shall be as required by the zoning district within which it is located.

Nonresidential farm structures, including barns, silos, water towers, and bulk bins, are exempt from the maximum height limit specified within the zoning district regulations; provided, that the distance between a structure and the nearest lot line or public street right-of-way is equal to or greater than the height of the structure.

No more than one dwelling unit shall be permitted on lands on which agriculture is the principle use.

For agricultural retail sales see Subsection 3 below.

Animal equivalent units (AEUs) that are less than the amounts specified under the definition of concentrated animal operations and concentrated animal feeding operations, shall be considered as general agriculture.

All areas outside of an enclosed building used for feeding or grazing of animals shall be completely fenced so that animals cannot leave the lot.

All buildings and structures for the housing of livestock or poultry for general agriculture, located in all zones, shall be located not less than 50 feet from the adjoining lot lines. Any exhaust shall be directed away from the closest adjoining residences or commercial buildings.

Keeping of animals; disposal of animal carcasses:

Animal equivalent units (AEUs) that are equal to or exceed the amounts specified under definitions for concentrated animal operations and concentrated animal feeding operations shall be considered as Intensive Agriculture.

All buildings and structures for the housing of livestock or poultry for intensive agricultural operations in all zones, shall be located the greater of:

No intensive agriculture building shall be built on the one-hundred-year floodplain.

Intensive agriculture activities shall be conducted in a manner consistent with accepted agriculture best management practices, and best available technologies, as issued by the Pennsylvania Department of Agriculture, the State Conservation District, the Pennsylvania Department of Environmental Protection, Pennsylvania State University, College of Agriculture, or similar recognized entities and shall be subjected to all local, state and federal regulations. The management of mushroom waste shall be in specific conformity with the DEP manual entitled "Best Practices for Environmental Protection in the Mushroom Farm Community," and the failure to so comply with result in the mushroom waste being subject to all state and federal regulations for residue waste application, storage, composting and transportation.

A nutrient management plan as approved by the State Conservation Commission or a delegated Conservation District under the guidelines of the Pennsylvania Code for applicable intensive agriculture operations, shall be provided to the Township of Douglass. If the Pennsylvania Department of Agriculture, Pennsylvania Department of Environmental Protection, or other state or federal agency revises the requirements regarding nutrient plans, then this section shall be interpreted in accordance with the revised regulations of the Pennsylvania Department of Agriculture, Pennsylvania Department of Environmental Protection, or such other agency.

An odor management plan developed by a certified odor management specialist, as approved by the State Conservation Commission or a delegated Conservation District under the guidelines of the Pennsylvania Code for applicable intensive agriculture operations, shall be provided to the Township of Douglass. If the Pennsylvania Department of Agriculture, Pennsylvania Department of Environmental Protection, or other state of federal agency revises the requirements regarding nutrient plans, then this Part shall be interpreted in accordance with the revised regulations of the Pennsylvania Department of Agriculture, Pennsylvania Department of Environmental Protection, or such other agency.

Douglass Township shall be provided with a copy of any required National Pollutant Discharge Elimination System (NPDES) permit application submitted to the Pennsylvania Department of Environmental Protection and a copy of the NPDES permit approved by the Pennsylvania Department of Environmental Protection.

A stormwater management plan shall be prepared for all proposed intensive agriculture uses, and submitted to the Township Engineer for approval.

A driveway occupancy permit shall be secured from the Township Engineer or from the Pennsylvania Department of Transportation, with a copy to the Township, to establish that access onto the Township or state roads is suitable to accommodate the amounts and sizes of truck traffic that will be generated by the intensive agriculture operation.

The Douglass Township Zoning Officer shall be provided with a copy of the nutrient management plan summary information required to be submitted to the State Conservation Commission pursuant to 25 Pa. Code § 83.281.

Intensive agriculture activities require the issuances of a zoning permit by the Township Zoning Officer, which shall be issued upon demonstration of compliance by the applicant with intensive agriculture standards of this Part.

Agricultural retail is an accessory use which shall be clearly subordinate to the general farming use only. The retail use must be on the same parcel as the general farming use.

Fifty percent or more of the products sold must be grown, produced or raised on the property; however, if the land owner experiences crop failure due to reasons beyond the control of the land owner, then this limitation shall not prohibit the land owner from selling 100% of products that are not grown, produced or raised on the property.

The maximum floor area shall be limited to 2,000 square feet.

The agricultural retail use must be set back at least 100 feet from all property lines and roads.

There shall be at least one parking space for every 250 square feet of agricultural retail use.

All outdoor active recreation areas and uses shall be set back 100 feet from all lot lines when adjoining a residential zoning district or residential use, otherwise a fifty-foot setback shall be required.

All outdoor passive recreation areas and uses shall be set back 50 feet from all lot lines.

No principal buildings used for indoor recreational activities shall be constructed within 50 feet from any lot line.

No buildings or impervious surfaces for recreational activities shall be constructed on lands which are classified and identified as part of the Environmental Protection Overlay District (Part 5) for hydric soils (§ 27-503) and/or high water table soils (§ 27-504). Driveways, parking lots, walkways and paved recreational areas may be located within these areas subject to the use of porous paving.

All property lines adjacent to existing residential land uses shall be adequately screened and buffered so as to protect the neighborhood from inappropriate noise, light, and other disturbances. The depth of the buffer yard shall be a minimum of 20 feet in depth comprised of two rows of staggered plantings, and shall be consistent with the provisions specified under § 27-713, Subsection 1, of this chapter.

Land areas which are not designated for buildings and paved surfaces shall be planted with an all-season ground cover which is adequate and consistent with the provisions specified under § 27-713, "Landscaping," of this chapter.

No driveway or access street shall be located within 50 feet from the intersection of any public or private street. The intersections and interior traffic circulation pattern shall be designed to prohibit through traffic and minimize traffic congestion and hazards. All driveways or roads designed for interior circulation shall be constructed in accordance with all applicable Township standards and specifications.

Parking facilities shall be required and designed in accordance with all standards and specifications adopted by Douglass Township.

All parking areas, driveways, and streets accessing or improving recreational facilities to be open for use after dark shall be provided with a lighting system which shall furnish adequate illumination and shall be designed to prevent glare that could be hazardous or uncomfortable to drivers in the area. Lights shall be screened to prevent spill or glare onto adjacent residential areas. In addition, the standards indicated under § 27-721, "Lighting," shall be applicable for all design specifications.

A land development plan shall be required for all proposed recreational sites in accordance with requirements of Act 247, 53 P.S. § 10101 et seq., as amended. In addition, all applications shall comply with applicable standards and specifications provided within this chapter and the Douglass Township Subdivision and Land Development Ordinance [Chapter 22].

Air Management.

Noise and Vibration Control.

Glare and Heat Control. Any operation producing intensive light, glare, or heat shall be performed within an enclosed building or behind a solid fence in such a manner as to be completely imperceptible from any point beyond the boundary lines.

Wastewater Management. In no case shall potentially hazardous effluent or waste from any commercial or industrial operation be discharged. Effluent must meet all standards specified by the Township and the Pennsylvania Department of Environmental Protection.

Solid Waste Management.

Outdoor Storage Control.

Utility Management and Control.

Electromagnetic and Radioactive Radiation Control. All electromagnetic radiation shall comply with the regulations of the Federal Communication Commission (FCC), provided that no electromagnetic radiation which interferes with radio or television reception or the operation of other equipment beyond the lot lines shall be produced. No injurious electromagnetic radiation or radioactive emission shall be produced, and all radioactive emissions shall be in accordance with all pertinent federal and state standards.

Violations. Proprietors who have been cited for any violation(s) subject to this Part shall be responsible for applicable costs incurred by the Township through background investigations, legal proceedings, retributions, and rectification measures.

The time period of the initial permit shall be one year and may be renewed for three-month time periods up to and not exceeding one additional year.

The temporary structure(s) shall be removed completely within 30 days of the expiration of the permit without cost to the Township.

Any temporary structure or storage container (example: PODS) shall be located outside of the street right-of-way, intersection and or driveway clear sight triangles, drainage swales, utility easements and cannot create a visual obstruction for vehicles using the public streets.

Standards.

Where district regulations require buffer yards, screening, or planting strips, the applicant shall submit a landscape plan to the Township for review and approval as part of the subdivision or land development review and approval process.

The landscaping plan shall show the following information:

The type and density of planting shall adequately provide the screening effect required.

The plant materials utilized shall be selected from the approved list identified under § 22-513, Subsection 4, of the Douglass Township Subdivision and Land Development Ordinance [Chapter 22].

All plant materials shall be permanently maintained and any plant material which does not live shall be replaced.

Any portion of a site which is not utilized for buildings, accessory structures, loading or parking spaces, aisles, sidewalks, or designated storage areas shall be planted with an all season ground cover and shall be landscaped according to an overall plan.

All buffer yards shall be maintained and kept clean of debris, rubbish, weeds, and tall grass. Depending on the land use activity and intensity, the Township may require that a fence be installed within the buffer yard or along the internal portion of the buffer yard. The fence shall be consistent with the standards specified under § 27-715 of this chapter.

Buffer yard plantings may incorporate earthen berms not exceeding four feet in height.

If the applicant can demonstrate that the existing conditions of the site are such that the function of the screen or buffer is adequately performed by the naturally existing vegetation, then no additional planting shall be required for that portion for which the natural vegetation is sufficient. A landscape plan may still be required to provide for the maintenance of such natural areas, and the applicant will still be required to replace such barrier in the event that the plants die off to the extent that the screen or buffer function is no longer fulfilled.

No fence, wall, or hedge is to be erected or planted within or encroaching upon the street right-of-way.

No fence or wall, except a security fence or decorative retaining wall, shall exceed six feet in height. All proposed fences and walls shall be designed and constructed in accordance with the specifications of the Township Board of Supervisors or Zoning Officer. Walls in excess of four feet shall be designed by a registered engineer to assure structural stability.

Barbed wire fencing is permitted solely for agricultural purposes.

Security fences exceeding six feet in height shall only be permitted for nonresidential land uses. The portions of security fences that exceed six feet in height may also utilize barbed wire.

Cyclone fences are permitted solely in conjunction with a landscaped screen pursuant to § 27-713, Subsection 1, of this chapter such that the actual fence structure is not visible from any adjacent property or street.

Terraces, patios, or open porches, provided that such terraces, patios, or open porches are open to the sky, are not closer than 10 feet to side and rear property line or within the front building setback line (except a lot line which is the projection of a common wall). An enclosed porch or patio must meet minimum setback requirements. An enclosed porch or patio is defined as a roofed structure.

Open balconies or fire escapes and projecting architectural features such as bay windows, cornices, eaves, roof overhangs, chimneys, and window sills, provided that all such features shall project no more than five feet into any required yard, and shall not be located closer than six feet to any lot line (except lot lines which are the projection of common walls).

Uncovered stairs and landings, provided such stairs or landings do not exceed three feet six inches in height, do not project more than five feet into any required yard, and are not located closer than six feet to any lot line (except lot lines which are the projection of common walls).

The building height limitations contained within this chapter shall not apply to chimneys, spires, belfries, cupolas, farm buildings, silos, greenhouse ventilators, water tanks, and other similar appurtenances usually required to be placed above the roof level, provided that they are not intended for human occupancy.

The projection of the structures which are specified under paragraph .A of this section may be increased by one-foot for each foot by which the width of each front yard, side yard, and rear yard is increased beyond the minimum front, side, and rear yard requirements, up to a maximum of 50 feet. In no case shall height of the structure, or the building in combination with a structure, be greater than the distance to the closest lot line.

Accessory buildings or structures for agricultural and horticultural uses shall be exempt from the building height and open area requirements specified in this chapter. The height of the accessory building or structure above its base shall be less than the shortest distance from such base to any lot line.

The height exceptions specified in this chapter shall be consistent with the development standards specified under the Airport Zoning Act, 74 Pa.C.S.A. § 5911 et seq., and by the Pennsylvania Department of Transportation, Bureau of Aviation.

The pool, filters, pumps, and other mechanical and structural equipment shall not be permitted within the front yard setback, the side yard setbacks, or within 10 feet of the rear lot line.

Any floodlighting or other illumination used in conjunction with the pool shall be shielded and directed away from adjacent properties.

The pool shall be completely enclosed by a fence or wall not less than four feet in height. If the enclosure is a fence, the vertical and horizontal interfaces shall be no more than two inches apart. All gates shall be equipped with locks.

Above ground pools over four feet in height do not need to be enclosed by a fence or wall, but the ladders serving the pool shall be locked in an inaccessible position at least four feet above the ground or removed and locked up elsewhere.

When the property on which any activity is conducted is illuminated at night, such illumination shall be so designed and located that the light sources are shielded from adjoining residences and streets.

No direct beams of light shall be directed toward adjacent properties or toward public roads, except from street lights intended for the lighting of streets, the location of which have been approved by the Township and the appropriate utility company.

No lighting shall be utilized in such a manner to produce a light intensity greater than 0.1 foot-candle beyond the lot boundaries when the adjacent land is included within a residential zoning district.

Light Fixture Design.

Control of Glare:

General Street Lighting. The Township shall designate where street lighting shall be provided for public roads in accordance with the Subdivision and Land Development Ordinance of Douglass Township [Chapter 22].

Sports/Recreation Lighting. The nighttime illumination of outdoor recreational facilities for such aerial sports as baseball, basketball, soccer, tennis, track and field, and football typically necessitate higher than normally allowed fixture mounting heights and aiming angles, utilize very high-wattage lamps and potentially produce unacceptable levels of light trespass and glare when located near residential properties. Permission to illuminate such facilities shall be granted only when the Township is satisfied that the health, safety and welfare rights of nearby property owners and the municipality as a whole have been properly protected. When recreational uses are specifically permitted by the Township for operation during hours of darkness, the following requirements shall apply.

A building is constructed or new use established.

The use of an existing building is changed to a use requiring more parking facilities.

An existing building is altered so as to increase the amount of parking spaces required.

Each parking space shall be not less than 10 feet by 20 feet. In addition, appropriate driveways, aisles, and maneuvering space shall be provided to permit safe and convenient access to and use of the area provided for parking purposes. Proper access from a street, alley, or driveway shall be provided.

Off-street parking spaces shall be located on the same lot as the use served.

All off-street parking spaces designated for single family residential units shall be located behind the street right-of-way line. For single-family detached and semi-detached residences only, areas upon the driveway may count toward the fulfillment of the parking requirement; provided, that it is not a shared driveway; and, further provided, that such areas meet the dimensional and gradient criteria for parking spaces established by this Part.

Joint parking facilities for two or more uses may be established, provided that the number of spaces provided is not less than the sum of the spaces required for each individual use.

All parking spaces and accessways, other than those relating to a single-family dwelling, shall be illuminated during night hours of use. The illumination must be designed and located so that the light sources are shielded from adjoining residences and public and private streets.

All common parking areas and access drives shall be paved. They shall have marked parking spaces, shall be graded to provide convenient vehicular access and proper drainage, and shall be maintained in usable condition. The maximum grade of areas used for parking shall not exceed 5%, and the maximum grade of access drives shall not exceed 10%. Surface water shall not be concentrated onto public sidewalks or other premises.

The Board of Supervisors may permit a gravel or stone off street parking area at the request of the applicant if, in the opinion of the Township, a paved parking area is unnecessary due to infrequency of use or is inappropriate due to the nature of the use. As part of the request, the applicant shall submit a Stormwater Management Plan, a grading plan, and an erosion and sedimentation pollution control plan to the Township Engineer for review and comment.

No areas necessary to fulfill the off-street parking requirements of this chapter shall be used for the sale, storage, repair, dismantling, or servicing of vehicles.

Off-street parking facilities existing at the effective date of this chapter shall not be subsequently reduced to an amount less than that required under this chapter for a similar new building or use.

The width of aisles in parking areas shall be no less than listed in the following table:

When the required number of parking spaces is computed and a fraction of a parking space results, any fraction below one-quarter may be disregarded and any fraction over one-quarter shall necessitate the provision of a full parking space.

The design of parking areas for all uses shall be such to prevent the backing of vehicles onto a public street.

Where parking requirements are determined by the number of seats and no permanent seats are provided, only temporary seats, the number of parking spaces to be provided shall be based upon the capacity for temporary seats in normal usage.

Parking areas shall be arranged so that no portion of any vehicles parked within a designated parking space can extend over any property line of the lot on which it is parked.

Parking areas for nonresidential uses which are designed to contain more than three vehicles shall be screened from the view of persons on any land zoned RC, RR, or RS which is adjacent to the land on which the nonresidential parking area is located subject to § 27-713.

Parking areas and access drives for nonresidential uses shall be located a minimum of 10 feet from a lot line and street right-of-way line, and the area between the parking area and the lot line or street right-of-way line shall be landscaped in accordance with the standards specified under § 27-713, Subsection 1, "Buffer Yards."

Nonconforming Parking Areas. No structural alterations and/or expansions to any building shall be permitted unless the plans for such change shall provide for bringing the entire property into conformance with all of the provisions of this Part as if an application were being made for a permit to erect or construct all of the existing and proposed buildings and structures on undeveloped ground.

The parking of tractor trailers, recreational vehicles (RVs), campers, boats, and other similar vehicles shall not be permitted on any public street or within any required front yard.

The number of off-street parking spaces to be provided for each use shall be sufficient to accommodate all employee, visitor, and customer parking. Minimum off-street parking requirements shall conform to the specifications under Subsection 2.

Minimum off-street parking requirement shall be as follows:

For any building or use not covered above, or for any combination of uses set forth above, the Zoning Officer shall apply the standard for off street parking spaces in the above schedule deemed to most closely approximate the proposed building or land use activity.

Driveways shall be provided for each property upon which a building is located.

Driveways serving single-family residential dwelling units shall not exceed 15% in grade.

Driveways serving multi-family residential dwelling units and nonresidential developments shall not exceed 10% in grade and shall be paved.

All driveways shall be located, designed, and constructed in accordance with the standards for driveways specified in the Douglass Township Subdivision and Land Development Ordinance [Chapter 22].

A driveway occupancy permit, issued by the Township, shall be required for all proposed driveways entering onto a Township road. A highway occupancy permit, issued by the Pennsylvania Department of Transportation, shall be required for all proposed driveways entering onto a state road.

The purposes of the regulations contained under this Part are to promote and to maintain overall community beautification; to establish reasonable time, place, and manner regulations on the exercise of free speech; to promote traffic safety; and to promote appropriate and efficient use of land.

Signs existing at the date of enactment of this chapter and which do not conform to the requirements of this chapter shall be considered nonconforming signs. Once a nonconforming sign is removed, it may be replaced only with a conforming sign. Nonconforming signs may be repaired or repainted provided that the modifications do not exceed the dimensions of the existing sign.

The area of a sign shall be construed to include all lettering, wording, and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, but not including any supporting framework and bracing which are incidental to the display itself.

The area of a sign, painted upon or applied to a building, shall be considered to include all lettering, wording, and accompanying designs or symbols together with any backing associated with the sign.

Where the sign consists of individual letters or symbols attached to or painted on a surface, building, wall, or window, the area shall be considered to be that of the smallest rectangle or other shape which encompasses all of the letters and symbols.

Where a sign is a structure with two identical faces arranged such that the faces are not visible simultaneously (such as signs designed to be visible to traffic approaching from opposite directions), the sign area limits of this Part shall be applied to only one such face and not the total area of both faces.

Official traffic control signs, and other official, federal, state, county, or Township government signs.

Temporary noncommercial signs, such as signs announcing a political election or vote, or a campaign, drive, or event of a civic, philanthropic, educational, or religious organization, provided such sign shall not exceed six square feet in area and shall be removed within seven days of the completion of the campaign, drive, event, or political election or vote. Such signs shall not be erected earlier than one month prior to an election or an applicable noncommercial campaign, drive, or event.

Business signs offering the sale or rental of the premises upon which the sign is erected; provided, that the area of any such sign shall not exceed six square feet and not more than one such sign shall be placed on the property unless such property fronts on more than one street, in which case one sign may be erected on each street frontage.

Temporary signs of contractors, developers, architects, engineers, builders, and artisans, erected and maintained on the premises where the work is being performed; provided, that the area of such sign shall not exceed 12 square feet; and, provided, that such sign shall be removed upon completion of the work.

Trespassing signs; signs indicating the private nature of a road, driveway, or premises; and signs controlling fishing or hunting on the premises, provided that the area of any such sign shall not exceed two square feet.

Signs erected for a commercial purpose that direct patrons or members of an audience to temporary exhibits, shows or events, provided that such sign shall not exceed six square feet and shall be removed within seven days after the date of the exhibit, show, or event. Such signs shall not be posted earlier than two weeks before the date of the exhibit, show or event.

Signs expressing the opinion of the owners or occupants of the property on which signs are placed, provided that no such sign shall be "lewd, vulgar, indecent or obscene" or shall cause threat to the health or safety of the public, no such sign shall exceed 10 square feet, and not more than one such sign shall be erected on any one street frontage. Matter shall be considered "lewd, vulgar, indecent, or obscene" if, to the average person, applying contemporary community standards, the dominant theme taken as a whole appeals to prurient interest, if it is utterly without redeeming social importance, and if it is characterized by patent offensiveness or if it is hardcore pornography.

Home occupation or name sign displaying the name and address of the occupant or the profession or activity of the occupant of a dwelling, provided that not more than one such sign shall be erected for each permitted use or dwelling, the area of such sign shall not exceed two square feet, such sign shall be fixed flat on the main wall of such building or may be erected in the front yard, but not within 10 feet of the cartway.

Sign, bulletin, announcement board, or identification sign for schools, churches, clubs, multi-family dwellings, or other principal uses and buildings other than dwellings on the same lot therewith for the purpose of displaying the name of the institution and its activities or services, provided that the area of any such sign shall not exceed 12 square feet and not more than one such sign shall be erected on any one street frontage.

Signs offering the sale of farm products, nursery products, or livestock produced or raised on the premises, provided that the area of any such sign shall not exceed 12 square feet and not more than one such sign shall be erected on any one street frontage.

Signs denoting membership in agricultural associations, cooperatives, or indicating specialization in a particular breed of livestock or in a particular hybrid or strain of plant, provided that such sign is limited to six square feet and not more than one sign per 10 feet of road frontage.

All signs permitted and specified under Subsection 3 of this Part.

Free-standing temporary real estate signs for advertising the sale or rental of the premises upon which the sign is erected; provided, that the total area of any one side of the sign does not exceed 32 square feet, that there shall be no more than one such sign on each street frontage, and that no sign shall be erected so as to stand higher than one of the buildings it advertises. For the purposes of this chapter, multi-family dwelling premises shall not be advertised by temporary real estate signs for more than 12 months after building construction is completed.

Directional signs, not to exceed two square feet each, erected within the project itself to direct persons to a sales or rental office or sample apartment.

Permanent identifying signs for the purpose of indicating the name of the multi-family project and for the purpose of identifying the individual buildings within the projects. Not more than one sign for each entrance to the project from a public street to identify the name of the project shall be permitted and no such sign shall exceed 10 square feet in size. Signs to identify the individual buildings within the project shall not exceed two square feet in size.

Business or industrial wall or freestanding signs on the same lot as the use to which it relates, provided that the total area of such signs shall be limited to two square feet for each lineal foot of horizontal building facade length, but not to exceed an aggregate area of 160 square feet. No more than two freestanding sign structures shall be permitted per lot.

Special temporary promotional devices, signs, or displays, such as banners or pennants. Where such signs are outside of a building, they shall remain on display for a period not to exceed 30 consecutive days.

Off-site advertising signs may be erected and maintained within the Highway Commercial (HC), Limited Industrial (LI), and General Industrial (GI) Zoning Districts in areas that immediately adjoin the Benjamin Franklin Highway for an area of 150 feet from the edge of the cartway of said road. In addition the following standards and specifications shall apply.

Projection. No sign shall project more than 12 inches from the building facade to which it is attached. No freestanding sign may project beyond the lot line or beyond a street right-of-way.

Height. No sign that is a part of or is supported by a building shall be erected upon the roof of such building, nor shall such sign extend above the height of the building. Freestanding signs shall meet the height requirements of the particular district in which they are located.

Clearance. No sign structure erected directly upon the ground shall have less than three feet of clear space between such sign and the ground; however, necessary supports may extend through such open space.

Illumination. Illuminated signs, when permitted by this chapter, will be subject to the following regulations:

Placement. No signs shall be permitted which are posted, stapled, or otherwise permanently attached to public utility poles or trees within a street right-of-way. No portion of any freestanding sign, temporary or permanent, shall be located within the street right-of-way or five feet of any side lot line.

Construction. All signs, except temporary signs, shall be constructed of durable material and kept in good condition and repair. Any sign which is allowed to become dilapidated may, after 30 days notification, be removed by the Township at the expense of the owner or lessee of the property on which it is located.

The Township Planning Commission or Board of Supervisors may identify areas of the Township which are considered hazardous or contaminated. These areas could endanger the public health, safety, or welfare by presenting potential hazards to life, health, or property if development occurs in the vicinity of such hazardous areas. Such areas may include, but are not necessarily limited to, mine holes; quarries; sinkholes; waterways; areas of naturally occurring physical features; areas of naturally occurring minerals or chemicals; areas containing hazardous, contaminated, or toxic waste; waste disposal areas; and/or waste storage areas.

Hazardous areas may be identified on the Official Zoning Map for the Township. Such identification may, but need not, include a drawing prepared by or under the direction of a registered land surveyor showing the limits of-the hazard. In any event, the identification of the hazardous area shall be sufficiently precise to allow for enforcement of this Part.

The hazardous areas shall continue to be considered as such until, after recommendation by the appropriate state, federal, or county agency, the Township Supervisors determine that the hazards have been eliminated or adequate safeguards against such hazards have been provided.

Except as noted, no occupied building or well shall be located within 500 feet of an identified hazardous area.

An occupied building or well may be located within 500 feet of an identified hazardous area provided that a sufficient number of excavations, borings, and/or groundwater tests have been conducted within the area in order to determine conclusively that the soil, geology, and/or groundwater conditions are not hazardous to the occupant(s). The accuracy of all test results and/or conclusions shall be certified by a qualified professional.

All wells located within 500 feet of the hazardous area shall be retested every two years by a certified laboratory to determine if the water is potable. All costs incurred for the sampling and laboratory analysis shall be incurred by the property owner.

A campground, as defined in Part 2 of this chapter, shall be permitted only as provided for in the district regulations.

The establishment or expansion of a campground shall require the submission and approval of a land development plan in accordance with the provisions of the Douglass Township Subdivision and Land Development Ordinance, as amended [Chapter 22]. Such plan shall demonstrate the compliance of the proposed park (or park expansion) with the terms of this Part.

Not more than two recreational vehicles may be stored out of doors on any lot, except within an approved campground or upon a lot where such vehicles are offered for sale and such sale is an approved use of the said lot.

No lot which currently accommodates two or more recreational vehicles such that they may be used as temporary living quarters shall be permitted to accommodate additional recreational vehicles thereupon unless that lot has been approved for use as a campground and has been designed for such use in accordance with the provisions of this chapter.

Social areas and recreational facilities for the exclusive use of campground residents and their guests.

One retail store for the convenience of campground residents and their guests provided that the total gross floor area of the store shall not exceed 1,500 square feet.

Eating and drinking establishment(s) and/or refreshment stand(s), vending machine(s), provided that the total gross floor area of all such facilities within the campground shall not exceed 1,500 square feet.

Laundry facilities, which shall be restricted to use by campground residents and their guests.

A bathhouse including showers and toilets, which shall be restricted to use by campground residents and their guests. When a bathhouse is provided, it shall include separate facilities for men and women.

Not more than one permanent single family dwelling, which shall be occupied by the owner or caretaker of the campground. No other permanent structures accommodating residential units shall be permitted within the campground.

An area for the storage of recreational vehicles when not in use and not stored upon a campsite, provided that such area shall not occupy more than 5% of the total area of the campground. The area for storage of recreation vehicles shall be screened by a buffer yard from view of abutting properties and public roads.

Administrative offices for the campground.

No public address system of general use is permitted. A public address system for emergency purposes only shall be permitted.

Open burning is not permitted. Fires within the park are permitted only within a permanent fireplace or grill or within a portable grill unit for cooking purposes, or within a fire circle.

Permanent placement of recreational vehicles.

Minimum lot area: 20 acres.

Minimum setback from all lot lines: 60 feet.

Maximum gross density: 10 campsites/acre.

Maximum height of permanent structures: 35 feet.

The minimum amount of land in the development shall be 10 acres.

The development shall be served by public or community sewage disposal and water supply facilities.

The overall density of the development shall not exceed three dwelling units per acre for townhouses and four units per acre for apartments.

The maximum building height shall be 35 feet.

A minimum of 30% of the gross area of the development shall be set aside as common open space. No more than 50% of the common open space shall be located on lands within the Environmental Protection Overlay District [Part 5]. The common open space shall be planned as a contiguous area located and designed for the maximum benefit for all residents within the development. The common open space areas shall be suitable for the designated purpose and contain no structure or parking facility except as related to and incidental to open space uses. Common open space areas may be reserved for private use or dedicated to the Township if acceptable to the Township. For land which is not dedicated to the Township, written agreements satisfactory to and approved by the Township shall be made for the perpetual preservation and maintenance of the undedicated common open space areas.

A system for pedestrian circulation throughout the development shall be provided.

The maximum length of an apartment building shall be 150 feet.

The number of townhouses, or other units in combination with townhouses, shall not exceed six contiguous residential dwelling units.

No apartment building or townhouse shall be located within 50 feet of any property line of the development.

The horizontal distance between groups of multi-family structures shall be a minimum of 60 feet between the closest structural points.

No townhouse shall be located within 30 feet of any street right-of-way line.

The minimum width of a townhouse shall be 24 feet.

No apartment building shall be located within 50 feet of any street right-of-way line.

No more than 20% of the total area of the development shall be covered by buildings.

No more than 30% of the total area of the development shall be covered by impervious surfaces.

Refer to § 22-518, "Multi-Family Developments," of the Douglass Township Subdivision and Land Development Ordinance [Chapter 22] for more requirements related to design standards for multi-family developments.

Single-family semi-detached developments shall comply with the minimum and maximum dimensional requirements specified below. All minimum and maximum dimensional requirements shall be imposed on each individual dwelling unit.

In addition to these standards and specifications, all proposed developments containing single-family semi-detached dwellings shall be designed and constructed in accordance with all pertinent Township ordinances.

Two-family detached developments shall comply with the dimensional requirements specified below:

In addition to these standards and specifications, all proposed two-family detached developments shall be designed and constructed in accordance with all pertinent Township ordinances.

Tourist, Bed and Breakfast, Rooming House Regulations.

Group Home Regulations.

All junk/salvage yards shall be enclosed with a fence a minimum of six feet in height with gates. Gates shall be securely locked except during business hours when an adult attendant is on the premises.

No, operation, activity, use, or occupation of any type for the junk/salvage yard shall be carried on within 100 feet of any property line or within 100 feet of any street.

A fifty-foot wide buffer yard consisting of three staggered rows of evergreen trees shall completely surround all areas used for the storage of junk/salvage material. The selected evergreens [§ 27-713, Subsection 3] shall have a minimum height of eight feet and shall be staggered on ten-foot centers. Rows shall be located a minimum of five feet from the property line and separated by 10 feet. The buffer yard may be placed within the one-hundred-foot setback requires by paragraph .B above. The buffer yard shall sufficiently be planted with a landscaped strip sufficient to block casual observation of all stored junk/salvage material and fencing from adjacent streets and by adjacent property owners. No materials of any nature shall be stored within this buffer yard. The buffer yard shall meet all pertinent standards specified under § 27-713, Subsection 1.

All junk/salvage shall be stored and arranged so as to permit access by firefighting equipment and to prevent accumulation of stagnant water. No materials of any nature shall be piled to a height of more than six feet from the ground.

All liquids shall be drained from any junk or scrapped automobiles. Liquids in an amount not exceeding 10 gallons may be stored above ground in approved containers. The total volume of volatile liquid (including all petroleum products) which is kept on the premises shall not exceed 1,000 gallons, and shall be stored above ground in a manner approved by the Pennsylvania Department of Environmental Protection, Underwriter Laboratories, or the State Fire Marshal.

For the purposes of this chapter, a "solid waste landfill" shall be defined as follows:

A site on which engineering principles are utilized to bury deposits of solid waste without creating public health or safety hazards, nuisances, pollution, or environmental degradation.

If a special exception is granted, then the applicant is subject to all conditions, standards, and controls listed below:

For the purposes of this chapter, the following terms shall be defined as follows:

If a special exception is granted to permit a resource recovery facility, then the applicant is subject to all conditions, standards and controls listed below:

Adult business uses and/or sexually oriented businesses are classified as follows:

Adult business use and/or sexually oriented business is permitted as a special exception in the Highway Commercial (HC) Zoning District.

Adult business use and/or sexually oriented business is subject to the five-hundred-foot separation distance from the following land uses:

No adult business use and/or sexually oriented business may be operated, established, or substantially enlarged if within 500 feet of another adult business use and/or sexually oriented business.

No adult business use and/or sexually oriented business may be operated, established, or maintained if another adult business use and/or sexually oriented business is within the same building, structure, or portion thereof, nor increase the floor area of any adult business use and/or sexually oriented business in any building, structure, or portion thereof containing another adult business use and/or sexually oriented business.

For the purpose of Subsection 6B of this section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where an adult business use and/or sexually oriented business is conducted, to the nearest property line of the premises of a use listed in Subsection 6B. Presence of a Township, county, or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this Part.

For purposes of Subsection 6C of this section, the distance between any two adult business uses and/or sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.

Any adult business use and/or sexually oriented business lawfully operating at the time of adoption of this chapter, that is in violation of Subsection 6A through F of this Part shall be deemed a nonconforming use.

An adult business use and/or sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use.

License and Fee Required. A license is required for any and all person(s) to establish, operate, and maintain an adult business use and/or sexually oriented business. A valid license shall be issued by the Township in accord with established Township resolution. A license shall only be issued when the adult business use and/or sexually oriented business is in accord with regulations of this Part. Every application for an adult business use and/or sexually oriented business license shall be accompanied by a fee established by Township resolution. Each license shall expire one year from the date of issuance and may be renewed only by making application.

Inspection Required. An applicant for a license shall permit representatives of the Township to inspect the premises of an adult business use and/or sexually oriented business for the purposes of insuring compliance with the regulations of this Part, at any time it is occupied or open for business.

Suspension of Use and/or Revocation.

Transfer of License. A licensee shall not transfer his/her license to another, nor shall a licensee operate an adult business use and/or sexually oriented business under the authority of a license at any place other than the address designated in the application.

Regulations pertaining to exhibition of sexually explicit films, videos, or live entertainment in viewing rooms; adult motels; escort services; nude model studios; public nudity; adult dancing establishments; and, adult massage parlors are established by Township resolution in addition to regulations of this chapter.

Shopping centers shall consist of harmonious land uses, structures, and services.

Shopping centers shall be in single ownership or under a guaranteed unified management control. The shopping center must have at least one on-site manager or a designated individual whose office is located at the shopping center or within a distance deemed reasonable and appropriate by the Board of Supervisors. The owner shall provide the Township with a complete list of on-site managers or designated individuals on an annual basis. The list shall include the name, home address, and telephone number of each on-site manager or each designated individual.

Permitted uses shall include retail business establishments; personal business establishments; business, professional, and banking offices; restaurants, cafes, and similar uses; and accessory uses associated with shopping centers. Adult business uses are specifically prohibited in shopping centers.

All means of ingress and egress shall be located at least 200 feet from any other intersecting street and shall be designed to accommodate traffic in a safe and efficient manner. The developer shall be responsible for the purchase and installation of any traffic control devices and the construction of additional acceleration or deceleration lanes as may be required by the Pennsylvania Department of Transportation (PennDOT) or the Township. The developer will also be responsible for any pertinent traffic studies that may be required by the Township, county, or PennDOT.

Interior accessways shall be designed so as to prevent traffic congestion at points of ingress and egress. Areas designated for the loading or unloading of trucks and/or other commercial vehicles shall be planned and arranged so they may be utilized without interfering with the interior traffic circulation and parking facilities.

Lighting for buildings, signs, accessways, and parking areas shall be arranged so that they do not reflect towards any public street or residential zoning districts.

All principal buildings and structures for the shopping center shall be located a minimum of 100 feet from any property line and a minimum of 100 feet from any street right-of-way.

Buffer Yards. The side and rear lot lines shall be screened by a buffer yard with a minimum depth of 25 feet. The buffer yard shall be comprised of two rows of plantings, the first row located a minimum of five feet from the lot line. The first row of trees are to be evergreens of a minimum height of six feet planted 10 feet on-center. The second row of trees shall be offset by 10 feet from the first row and the plantings staggered, and may contain a mixture of deciduous, ornamental as well as evergreen trees. The buffer yard shall be consistent with standards specified under § 27-713, Subsection 1, "Buffer Yards," of this chapter.

Exterior storage areas for trash and rubbish shall be properly screened. All containers shall be airtight, vermin proof, and have adequate storage capacity to accommodate the projected volumes of solid waste. No such storage area will be permitted within 30 feet from any lot line.

All signs shall be consistent with § 27-726 of this chapter.

All proposed shopping centers shall conform to the area, yard and height regulations that are specified in this chapter.

All proposed shopping centers, including all expansions, additions, and revisions, are subject to the policies and provisions regarding land development specified in the Douglass Township Subdivision and Land Development Chapter [Chapter 22].

Shopping centers shall be designed to have a hierarchy of interior vehicular circulation, that is a primary interior collector road with access to off street parking areas provided by the interior collector road. No off street parking spaces may be accessible directly from the interior collector road. Grade separated landscape islands shall define the interior vehicular circulation system. Separate provisions for pedestrian circulation shall be provided to all parking areas. Sidewalk shall be provided along the entire frontage of all public streets.

Interior parking areas shall be landscaped at a rate of 20% of the paved coverage. The landscaped areas shall be a minimum 200 square feet and contain one street tree.

Street trees shall be required and shall be planted 40 feet on center along all street right-of-way and along all interior collector roads of the shopping center.

Out parcels of the shopping center shall obtain access by means of the interior collector road system.

Office/research parks shall be designed as a single, unified facility to foster harmonious land uses, structures, and services.

Permitted uses include business, professional, and governmental offices; laboratory and research facilities; and accessory uses associated with such permitted principal uses.

Retail business and service establishments are permitted provided that they are designed and intended primarily to serve the employees within the office/research park. These uses shall not exceed 5% of the gross floor area of the office/research park.

All means of ingress and egress shall be located at least 200 feet from any other intersecting street and shall be designed to accommodate traffic in a safe and efficient manner. The developer shall be responsible for the purchase and installation of any traffic control devices and the construction of additional acceleration or deceleration lanes as may be required by the Pennsylvania Department of Transportation (PennDOT) or Township. The developer will also be responsible for any pertinent traffic studies that may be required by the Township, county, or PennDOT.

Interior accessways shall be designed so as to prevent traffic congestion at points of ingress and egress. Areas designated for the loading or unloading of trucks and other commercial vehicles shall be planned and arranged so they may be utilized without interfering with the interior traffic circulation and parking facilities.

Lighting for buildings, signs, accessways, and parking areas shall be arranged so that they do not reflect towards any public street or residential zoning districts.

All principal buildings and structures for the office/research park shall be located a minimum of 100 feet from any property line and a minimum of 100 feet from any street right-of-way.

All lot lines shall be screened by a buffer yard with a minimum depth of 25 feet. The buffer yard shall be comprised of two rows of plantings, the first row located a minimum of five feet from the lot line. The first row of trees are to be evergreens of a minimum height of six feet planted 10 feet on-center. The second row of trees shall be offset by 10 feet from the first row and the plantings staggered, and may contain a mixture of deciduous, ornamental as well as evergreen trees. The buffer yard shall be consistent with standards specified under § 27-713, Subsection 1, "Buffer Yards," of this chapter.

Exterior storage areas for trash and rubbish shall be properly screened. All containers shall be airtight, vermin proof, and have adequate storage capacity to accommodate the projected volumes of solid waste. No such storage area will be permitted within 30 feet from any lot line.

All signs shall be consistent with § 27-726 of this chapter.

All proposed office/research parks shall conform to the individual area, yard, and height regulations that are specified in this chapter.

All proposed office/research parks, including all expansions, additions, and revisions, are subject to the policies and provisions regarding land development specified in the Douglass Township Subdivision and Land Development Ordinance [Chapter 22].

Industrial parks shall be designed as a single, unified facility to foster harmonious land uses, structures, and services.

Permitted uses shall include manufacturing activities; printing and publishing facilities; warehouse facilities; wholesale and distribution facilities; business, professional, and governmental offices; laboratory and research facilities; and accessory uses associated with such permitted principal uses.

Retail business and service establishments are permitted provided they are designed and intended primarily to serve the employees within the industrial park. These uses shall not occupy more than 5% of the gross floor area of the industrial park.

All means of ingress and egress shall be located at least 200 feet from any other intersecting street and shall be designed to accommodate traffic in a safe and efficient manner. The developer shall be responsible for the purchase and installation of any traffic control devices and the construction of additional acceleration or deceleration lanes as may be required by the Pennsylvania Department of Transportation (PennDOT) or the Township. The developer will also be responsible for any pertinent traffic studies that may be required by the Township, county, or PennDOT.

Interior accessways shall be designed so as to prevent traffic congestion at points of ingress and egress. Areas designated for the loading or unloading of trucks and other commercial vehicles shall be planned and arranged so they may be utilized without interfering with the interior traffic circulation and parking facilities.

Lighting for buildings, signs, accessways, and parking areas shall be arranged so that they do not reflect towards any public street or residential zoning districts.

All principal buildings and structures for the industrial park shall be located a minimum of 100 feet from any property line and a minimum of 100 feet from any street right-of-way.

All lot lines shall be screened by a buffer yard with a minimum depth of 25 feet. The buffer yard shall be comprised of two rows of plantings, the first row located a minimum of five feet from the lot line. The first row of trees are to be evergreens of a minimum height of six feet planted 10 feet on-center. The second row of trees shall be offset by 10 feet from the first row with the trees staggered. The buffer yard shall be consistent with standards specified under § 27-713, Subsection 1, "Buffer Yards," of this chapter.

Exterior storage areas for trash and rubbish shall be properly screened. All containers shall be airtight, vermin proof, and have adequate storage capacity to accommodate the projected volumes of solid waste. No such storage area will be permitted within 50 feet from any lot line.

All signs shall be consistent with § 27-726 of this chapter.

All proposed industrial parks shall conform to the individual area, yard, and height regulations that are specified in this chapter.

All proposed industrial parks, including all expansions, additions, and revisions, are subject to the policies and provisions regarding land development specified in the Douglass Township Subdivision and Land Development Ordinance [Chapter 22].

Street trees shall be required and shall be planted 25 feet on center along all street right-of-way and interior roads of the industrial park.

Purpose. The purpose of this district is to provide appropriate areas for reasonable mining and mineral extraction.

General Regulations.

Smoke Control.

Emission Control.

Noise Control. At no point on the boundary of a residential or commercial district shall the sound-pressure level of any operation exceed the described levels in the designated octave bands shown below for the district indicated:

Control of Odors. There shall be no emission of odorous matter in such quantities as to be offensive along a lot boundary line. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail. There is hereby established as a guide in determining such quantities of offensive odors, Table III, Odor Thresholds in Chapter 5 of the Air Pollution Abatement Manual, copyright 1951, by the Manufacturing Chemists Association, Inc., Washington, D.C., or the latest revised edition thereof.

Control of Glare and Heat. Any operation producing intense glare or heat shall be performed within an enclosed building or behind a solid fence in such manner as to be completely imperceptible from any point along the lot lines.

Control of Vibration. No vibration which is discernible to the human sense of feeling shall be perceptible without instruments at any point on the lot line.

Radioactivity or Electrical Disturbances. There shall be no activities which emit dangerous radioactivity at any point. There shall be no electrical disturbance (except from domestic household appliances) adversely affecting the operation at any point or any equipment other than that of the creator of such disturbance.

Outdoor Storage of Materials; Disposal.

Power Service Lines. Every use requiring power shall be so operated that the service lines, substation, and appurtenances shall conform to the highest safety requirements known, shall be so constructed and installed to be an integral part of the architectural features of the plant and, if visible from abutting residential properties, shall be concealed by coniferous planting.

Waste Disposal. No use shall be conducted in such a way as to discharge any treated or untreated sewage or industrial waste into any stream. All methods of sewage and industrial waste treatment and disposal shall be approved by the Board of Supervisors. Quarrying, mining operations, and/or extractive related industries shall not endanger ground water levels and quality in the area, nor adversely affect ground water supplies of nearby properties. Any operator who affects a public or private water supply by contamination or diminution shall restore or replace the affected supply with an alternate source of water adequate in quantity and quality for the purposes served by the supply. When required by the Township Board of Supervisors, a hydrologic study shall be submitted to the Township, which shall indicate the impact of the activity of the ground water supplies and quality in the area of the operations.

Water Requirements. All water requirements shall be stated in the application. Water shall be supplied by water distributing companies operating and supervised as municipal or public utilities by virtue of the laws of the Commonwealth of Pennsylvania and the ordinances of this Township. No permit for construction, building, or use shall be issued by the Zoning Officer until satisfactory proof of the availability and supply of water is furnished.

Zoning Permit and Land Development Requirements.

The Zoning Hearing Board shall determine that the following standards are met prior to granting approval of a special exception application for an ASES or a PSES, in addition to the standards set forth in § 27-1005(3) of this chapter:

Compliance with Industry Standards.

Utility Notification. The owner of a PSES shall provide Douglass Township with written confirmation that the public utility company to which the PSES will be connected has been informed of the customer's intent to install a grid connected system and approved of such connection.

Installers.

Maintenance.

Tree and Landscaping Removal. No trees or other landscaping otherwise required by the Township ordinances or attached as a condition of approval of any plan, application, or permit may be removed for the installation or operation of a PSES.

Underground Requirements. All on-site utilities, transmission lines, and plumbing shall be placed underground to the extent feasible for all solar energy systems.

Signage. The display of advertising is prohibited except for reasonable identification of the manufacturer of the system for the ASES and RMASES, provided that the area of any such sign shall not exceed one square foot. No portion of the PSES shall contain or be used to display advertising. The manufacturer's name and equipment information or indication of ownership shall be allowed on any equipment of the PSES provided that the area of any such sign shall not exceed one square foot.

Glare.

Solar Easements. Where a subdivision or land development proposes a PSES, solar easements may be provided. If a solar easement, intended to guarantee unobstructed solar access, is desired by the applicant and/or property owner for an ASES, RMASES or PSES, such matter shall be carried out as a civil agreement between or among all applicable parties. Douglass Township shall not be a party to any agreement designed to provide a solar easement, nor shall Douglass Township be responsible for ensuring the maintenance of any solar easement. Said easements shall be in writing and shall be subject to the same conveyance and instrument recording requirements as other easements. Any such easements shall be appurtenant; shall run with the land benefited and burdened; and shall be defined and limited by conditions stated in the instrument of conveyance.

Contact Information. A PSES owner and/or operator shall provide current contact information to the Township which includes at minimum a phone number and identifies a responsible person for the Township or public to contact regarding emergencies, inquiries, and complaints throughout the life of the project. A PSES owner and/or operator shall provide to the Township a written plan outlining procedures on how complaints will be addressed. For the life of the project, the current contact information shall be conspicuously posted upon locations throughout the property.

Decommissioning.

The following regulations shall apply to all Roof-Mounted Accessory Solar Energy Systems (RMASES):

The following regulations shall apply to all ground-mounted Accessory Solar Energy Systems (ASES):

The following regulations shall apply to all ground-mounted Principal Solar Energy Systems (PSES):

All development shall be consistent with the development standards and guidelines specified under the Airport Zoning Act, 74 Pa.C.S.A. § 5911 et seq., and all other laws relating to aviation.

All development shall be consistent with the development standards and guidelines specified by the Pennsylvania Department of Transportation (PennDOT), Bureau of Aviation.

The height exceptions specified under § 27-719 of this chapter shall not apply unless approved by the PennDOT Bureau of Aviation.

The height of all proposed structures shall meet the maximum allowable height formulas specified in the PennDOT Bureau of Aviation.

The purposes of this section include a desire to establish reliable, uniform standards for the construction, siting, design, permitting, maintenance, and use of wireless communications facilities in recognition of the Federal Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996); the Federal Middle Class Tax Relief and Job Creation Act of 2012 (Spectrum Act) Pub. L. No. 112-96, 126 Stat. 156 (2012), and FCC regulations promulgated thereunder by the Federal Communications Commission (FCC), including the FCC's Report and Order of October 21, 2014, FCC 14-153 (rel. Oct. 21, 2014); and the Pennsylvania Wireless Broadband Collocation Act (Act 191), 53 P.S. § 11702.1 et seq. ("WBCA") in Douglass Township. Moreover, the Township desires to plan and accommodate for the managed deployment of infrastructure that is necessary to accommodate the wireless communications needs of the Township's residents, businesses and emergency service providers. While the Township recognizes the benefit of wireless communications facilities in providing high-quality communications service and enhancement to its residents and businesses, the Township also recognizes that it has an obligation to protect public safety and to minimize the adverse visual effects of such facilities through the standards set forth in the following provisions.

By enacting these provisions, the Township intends to:

Tower-based WCFs not located within a right-of-way are prohibited in the following districts: RC Rural Conservation, RR Rural Residential, and RS Rural Suburban Residential Districts.

Tower-based WCFs not located within a right-of-way are permitted by conditional use, subject to the requirements of Subsections 4 and 8, in the following districts: VC Village Commercial, HC Highway Commercial, LI Limited Industrial, GI General Industrial and SD School Districts.

Tower-based WCFs not located within a right-of-way are permitted by right on all land owned by the Township or a Township authority, regardless of zoning district.

Tower-based WCFs located within a right-of-way are permitted by conditional use in the following districts: RC Rural Conservation, RR Rural Residential, VC Village Commercial, HC Highway Commercial, LI Limited Industrial, GI General Industrial and SD School Districts, subject to the requirements of Subsections 4 and 8.

Non-tower WCFs are permitted by right in all zoning districts and within a right-of-way, subject to the requirements of Subsection 4 and the applicable permit requirements of Subsection 8. Non-tower WCFs located within a right-of-way in a residential district or residential area shall be located to the greatest extent possible so that the WCF is not seen directly from any residence.

Eligible facilities requests that do not substantially change the tower or base station are permitted by right in all zoning districts and within a right-of-way without regard to the other requirements of this section, Subsection 4, or Subsection 8.

All WCFs shall be designed, constructed, inspected, operated, maintained, repaired, modified and removed in strict compliance with all current applicable federal and state technical and safety codes.

Subdivision plan approval shall not be required when a WCF is located on a leased parcel that is less than the entire lot.

All WCFs shall be operated in accordance with all applicable FCC rules regarding interference with public safety communications or the reception of broadband, television, radio or other communications services.

Co-Location. Tower-based WCFs outside of the right-of-way shall be designed to accommodate both the WCF applicant's antennas and comparable antennas for future users. As a condition of approval for all tower-based WCFs, the WCF applicant shall agree to allow other service providers to co-locate antennas on tower-based WCFs where technically and economically feasible.

Signage. Tower-based WCFs not located within the right-of-way shall include a posted sign at the location. Such signage shall include the ownership, contact name and phone number in the event of an emergency and Federal Communications Commission (FCC) registration number (if applicable). Such signage shall not include commercial advertising and is subject to approval by the Township and is limited to a maximum size of two square feet. Tower-based WCFs located within the right-of-way shall have the same sign or label affixed to either the tower or the WCF, limited to the maximum size necessary to legibly provide the required information. Such signage shall not protrude from the tower or the WCF and is subject to approval by the Township.

Lighting. A tower shall not be artificially lighted beyond what is required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.

Noise. WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards established by state law and not to exceed 45 dBA as measured from the nearest property line on which the attached wireless communications facility is located, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis. The use of generators for WCFs within the rights-of-way is prohibited.

Access.

Fencing. A security fence with a minimum height of eight feet shall surround any tower-based WCF located outside a right-of-way, including guy wires, associated equipment, and buildings. The requirement for a security fence may be waived by the Board where, in the opinion of the Board, the fence would not be appropriate or feasible. All fencing must be in accordance with the provisions of the Township Code.

Mounting. Any applicant proposing a non-tower WCF to be mounted on a building or any other structure shall submit detailed construction and elevation drawings indicating how the non-tower WCF will be mounted on the structure for review by the Township Building Codes Office and/or the Township Engineer for compliance with the building code.

Safety in Rights-of-Way.

Visual Obstruction. All WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the right-of-way as determined by the Township. When feasible, all equipment shall be pole-mounted prior to ground-mounting the equipment. For WCFs located within the right-of-way, no ground-mounted equipment may extend or protrude past the associated tower to the edge of the curb or cartway.

Maintenance. The WCF applicant shall describe anticipated maintenance needs, including frequency of service, personnel needs and equipment needs, and the traffic, safety and noise impacts of such maintenance.

Soil Report. A soil report complying with the standards of geotechnical investigations of the Electronics Industry Association and Telecommunications Industry Association shall be submitted to the Township Engineer prior to construction to document and verify the design specifications of the foundation for the wireless support structure and anchors for the guy wires, if used.

Interference. All WCFs shall not interfere with public safety communications or the reception of broadband, television, radio or other communications services enjoyed by occupants of nearby properties. In the event that the WCF causes interference with the radio or television reception within the Township, the WCF applicant, at the applicant's sole expense, shall thereafter ensure that any interference problems are promptly corrected.

Aviation Safety. All WCFs shall comply with federal and state laws and regulations concerning aviation safety.

Inspections.

Historic Buildings or Districts. A WCF shall not be located upon a property and/or on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places.

Stealth Technology. The WCF shall employ the most-current stealth technology available, where appropriate, in an effort to appropriately blend the proposed WCF into the surrounding environment and minimize aesthetic impact. All utility buildings and accessory structures shall be designed to blend into the environment in which they are situated. All proposed tower-based WCFs must provide documentation detailing the proposed stealth technology.

Landscaping Design. Tower-based WCFs located outside the right-of-way shall submit a landscape design describing the following:

Notwithstanding the requirements for tower-based WCFs and non-tower-based WCFs, as set forth in this section, an application for replacement, co-location or modification of a previously approved wireless support structure or wireless communications facility shall be reviewed for conformance with the Township building permit requirements, including requirements applicable to the added structural loading of the proposed antennas and accessory equipment. These previously approved towers shall not be subject to the issuance of new zoning or land use approvals, provided that there is no substantial change.

Replacement, co-location or modification of WCFs on existing wireless support structures or within existing equipment compounds may be performed by the applicant obtaining a zoning permit from the Township.

To the extent permissible under applicable state and federal law, any WCF applicant proposing the modification of an existing tower-based WCF, resulting in any increase in the overall height of such WCF, monopole, tower or other wireless support structure, shall first obtain all necessary permits and approvals from the Township. Nonroutine modifications shall be prohibited without prior approval from the Township.

A permit from the Township shall be required for the construction, erection, modification, replacement or installation of all WCFs and wireless support structures. Within 60 calendar days of the date that a fully completed application for a WCF is received by the Township, the Township shall review the application and advise the applicant if a permit will be issued.

In addition to all other permit requirements under this chapter, a permit application for a WCF shall not be approved or considered complete unless the Township finds that the applicant has complied with all of the following conditions, as applicable:

Conditional Use Authorization. Prior to the Board's approval of a conditional use authorizing the construction and installation of a tower-based WCF, the applicant must provide the following along with a conditional use application:

Conditional Use Approval for tower-based WCFs in Right-of-Way. In addition to the requirements in Subsection 4, Tower-Based WCFs located within a right-of-way in the RC, RR, VC, HC, LI GI and SD Districts are permitted by conditional use unless the primary components of utilities, including, but not limited to, the main utility lines, are located underground within 100 feet of the proposed tower or base station. Documentation evidencing the location of surrounding utilities shall be provided by the applicant with the conditional use application.

Permit and Conditional Use Fees. The Township may assess appropriate and reasonable permit and conditional use fees directly related to the actual costs of experts and staff for reviewing and processing the application for approval of a WCF, as well as related inspection, monitoring, and related costs. The amount of this fee may not be in excess of the actual reasonable costs of such actions.

Reimbursement for Right-of-Way Use. In addition to permit fees as described in this section, every tower-based WCF in a right-of-way is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the right-of-way. Such compensation for the right-of-way use shall be directly related to the Township's actual right-of-way management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other right-of-way management activities by the Township. The owner of each tower-based WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above.

Guy Wires Approval. Guy wires may only used for WCFs upon conditional use approval for the use of guy wires. Documentation evidencing the need for the guy wires and a description of the guy wire installation must be provided by the applicant with the conditional use application.

Township Planning Commission Review. The Board may elect to receive comments, recommendations, and feedback from the Douglass Township Planning Commission to assist with the Board's conditional use decisions.

Township Standards for Conditional Use Approval. In addition to demonstrating compliance with all requirements of this section, an applicant seeking conditional use approval must also fulfill all requirements and standards for conditional use approval set forth under Township Code § 27-1009, Conditional Uses.

Nonconforming WCFs. Any nonconforming WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location but must otherwise comply with the terms and conditions of this chapter.

Discontinuation. In the event that use of a WCF is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

Bonding. The facility owner or operator shall post and maintain funds for removal of all structures associated with the WCF in an amount equal to the identified removal costs, as adjusted over time. The removal 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 business within the commonwealth and is approved by the Township. An independent and certified professional engineer shall be retained by the applicant to estimate the cost of removal without regard to salvage value of the equipment. Said estimates shall be submitted to the Township after the first year of operation and every five years thereafter.

For a Non-Tower Based WCF:

For a Tower-Based WCF:

Maximum permitted size of a garage or carport as an accessory structure per tract size:

Maximum height of a garage or carport as an accessory structure is 1 1/2 stories.

Standards. Maximum permitted size of pavilion as an accessory structure per tract size:

Maximum height of a pavilion as an accessory structure is 1 1/2 story.

All parking lots shall be set back from side and rear lot lines a minimum of 75 feet and from the street right-of-way line 50 feet.

All parking lots shall be surrounded by a landscape screen of a minimum height of three feet.

All parking lots with more than 10 parking spaces shall have interior portions of the parking lot landscaped at a rate of 20% of the total paved coverage. Each internal planting area shall measure at a minimum 10 feet by 20 feet. Each planting area shall contain at a minimum one deciduous tree.

Off-street parking lots shall be illuminated by light standards not to exceed 20 feet in height. No light fixture shall be directed toward structures on adjoining lots or toward the street, except for lighting of the cartway.

Unless otherwise specified in this chapter, a twenty-foot wide landscape buffer is required along side and rear lot lines and shall be of a density to screen observation of nonresidential land use by adjoining properties. The landscape buffer shall consist of a minimum of one row of trees planted on ten-foot centers, having a minimum height at planting of six feet, and supplemented by shrubs within the buffer area.

Street trees are required and shall be planted 40 feet on center along entire street frontage.

Sidewalk shall be provided along all street frontage.

Exterior wall mounted lighting to illuminate exterior property is prohibited. Exterior wall mounted lighting to illuminate structure or entrances is permitted.

Illumination of exterior areas shall be directed inwardly from the periphery of the tract.

No exterior display of either retail or wholesale merchandise is permitted within 50 feet of an abutting lot line.

All refuse areas shall be fenced enclosed and landscape screened. Refuse areas are not permitted in the front or side yards.

Storage of vehicular equipment or equipment associated with the land use must be within a completely enclosed structure.

A twenty-foot wide landscape screen is required along the side and rear lot lines. The landscaping shall consist of a minimum of one row of trees planted on ten-foot centers and having a minimum height at planting of four feet.

Structures and facilities associated with the internment, operation and maintenance of the cemetery shall be setback 75 feet from any property line. Maintenance buildings and service areas shall have a landscape screen, as in paragraph .A., above.

Street trees shall be required and shall be planted 40 feet on center along all streets.

Refuse areas shall be completely fenced enclosed and provided with a landscape screen, as in paragraph .A., above.

A ten-foot wide landscape screen shall be provided along the side and rear lot lines. The landscaping shall consist of one row of trees planted on ten foot centers and having a minimum height at planting of four feet.

Off-street parking areas shall be landscaped around the periphery of the parking area excluding the paved area fronting upon the convenience store.

Street trees are required and shall be planted 40 feet on center along all streets.

Refuse areas shall be completely fence enclosed and landscape screened from view. Refuse areas shall not be located in any side or front yard.

Exterior lighting shall be from the periphery of the tract and not directed toward adjoining properties. Wall mounted lights for the purposes of illuminating the structure and entrance is permitted.

Ingress and egress access points must be located a minimum of 100 feet from an intersection.

Interior vehicular circulation should be designed to allow unimpeded access to the gasoline pumps and unimpeded access to off-street parking areas. A minimum distance of 24 feet shall be provided between gasoline pumps and the closest off-street parking space.

Prior to approval, plans shall be presented detailing traffic flow within the land development, points of ingress and egress, and the probable effects on local traffic flow.

Ingress and egress points shall not be located closer than 200 feet to any intersection.

Buildings shall not be located closer than 50 feet to any residential property or residential district.

Structural canopies covering gasoline pumps shall be set back a minimum of 30 feet from the street right-of-way line.

All vehicle and parts storage shall be designed and located so as not to intrude into any required yard area and shall be landscape screened from view.

A ten-foot wide landscape screen of a density to screen use from adjoining properties is required along all side and rear yards. The landscaping shall consist of one row of trees planted on ten-foot centers and having a minimum height at planting of four feet.

Refuse areas shall be completely fenced enclosed and provided with a landscape screen. Refuse areas may not be located within any front or side yard area.

Off-street parking areas shall be screened around the periphery of the parking area excluding the area directly fronting upon the structure.

Street trees are required and shall be planted 40 feet on center along all streets.

Exterior lighting shall be from the periphery of the tract and not directed toward adjoining properties. Wall mounted lights for the purposes of illuminating the structure and entrance is permitted.

Automatic, semi-automatic, and self-service car washes are limited to the services of cleaning and waxing vehicles. Such activities shall be performed only within an enclosed building. Vacuuming and drying off of cars does not require an enclosed building.

The lot shall be graded such that process water shall not run-off across the lot, onto any adjacent lot, or onto a public street.

Automobile storage and waiting spaces shall be provided at the rate of not less than five spaces for each bay in a self-service car wash and not less than 10 spaces for each vehicle which can be accommodated within an automatic or semi-automatic car wash. All vehicle storage and waiting areas shall be designed and located so as not to intrude into any required yard area. Buildings shall not be located closer than 50 feet to any residential district or residential use.

Where a car wash adjoins a residential property or a residential district, the hours of operation shall not be earlier than 6:30 a.m., prevailing time, nor later than 10:00 p.m., prevailing time.

Exterior lighting shall be from the periphery of the tract and not directed toward adjoining properties. Wall mounted lights for the purposes of illuminating the structure and entrances are permitted. No lighting may shine directly off-site nor cause glare on adjacent or neighboring property or upon any public street, except for the purpose of illuminating the street.

Refuse areas shall be completely fenced enclosed and provided with a landscape screen. Refuse areas may not be located within any front or side yard area.

Street trees are required and shall be planted 40 feet on center along all streets.

A minimum tract size of 10 acres gross is required.

An overall master plan is required for the sports facility. The master plan should include any and all indoor and outdoor facilities as the case may be, along with required off-street parking, interior vehicular circulation system, interior pedestrian circulation system, support facilities such as rest rooms and concession stands, and an overall landscape and lighting plan. Sidewalks shall be required along all street frontage.

No structure or outdoor facility shall be located closer than 100 feet from an adjoining property line. Off-street parking areas shall be located a minimum of 50 feet from adjoining properties.

A twenty-foot wide landscape screen is required along all side and rear property lines. The landscaping shall consist of a minimum of one row of trees planted on ten-foot centers and having a minimum height at planting of six feet. Interior portions of all off-street parking areas shall be landscaped at a rate of 20% of total paved coverage area. Street trees are required and shall be planted 25 feet on center along all streets.

Refuse areas shall be completed fence enclosed and provided with a landscape screen. Refuse areas may not be located in any front or side yard area.

Sports facilities shall have direct street frontage onto an arterial or collector road. Access to the sports facility must be provided by the arterial or collector road.

Exterior lighting shall not be directed toward adjoining properties. Wall mounted lights for the purposes of illuminating the structure and entrances are permitted. No lighting may shine directly off-site nor cause glare on adjacent or neighboring property or upon any public street, except for the purpose of illuminating the street.

All areas associated with exterior manufacturing shall be fully enclosed by fence and provided with a landscape screen pursuant to § 27-713.

Compliance with performance standards of this chapter must be demonstrated.

Refuse areas associated with the exterior manufacturing must be completely enclosed in fence and provided with a landscape screen.

Drive-through facilities must be separate from interior vehicular circulation system, that is, car stacking lane and payment/pick-up window(s) may not utilize interior loop road or parking lot aisle(s) for car stacking. A separate interior through lane must be provided. This through land must measure 24 feet in width when through lane abuts upon the drive-through area.

The drive-through stacking area shall provide for a minimum of 10 cars.

Off-street parking areas shall be landscaped around the periphery of the parking area. Interior parking areas shall be landscaped at a rate of 20% of the paved area.

Street trees shall be required and shall be planted 40 feet on center along all street right-of-way.

A ten-foot wide landscape screen shall be provided along the side and rear lot lines. The landscaping shall consist of one row of trees planted on ten-foot centers and having a minimum height at planting of four feet.

Refuse areas shall be completely fence enclosed and provide with a landscape screen. Refuse area may not be located in the front or side yard area.

Exterior lighting shall be directed inwardly from the periphery of the tract. Wall mounted lighting is permitted only for the purpose of illuminating the exterior of the structure itself and the entrances to the building.

Prohibited Conduct. The possession, keeping, or storing of an abandoned motor vehicle on any public street, alley, or any other place in the Township other than in a fully enclosed building is hereby prohibited, except in a duly licensed junkyard or in an impounding garage or lot authorized by Douglass Township for storage of abandoned motor vehicles.

Violations and Penalties. Any person, firm, or corporation violating this section shall, upon conviction of such offense before any magisterial district judge be sentenced to pay a fine of not more than $500 and the cost of prosecution. Each day that a violation continues to exist after notice to remove is given to the possessor, keeper, or storer of an abandoned vehicle by the Township shall constitute a separate offense and shall be punishable as such.

Forestry Activities. Shall be practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting, and selling of trees for commercial purposes. A plan shall be filed with the Township which shall provide measures for erosion and sedimentation control and the immediate replanting of trees on areas where existing tree growth has been harvested.

Setbacks. Buildings, including accessory structures, and the harvesting or cutting of timber which is part of any forestry operation within the Township shall be set back from property lines and road frontages as follows:

Hours of Operation. No forestry operations conducted in the Township shall commence operations of any machinery utilized in the forestry business, including motorized vehicles engaged in the business, until 7:00 a.m. and all such operations shall cease by 5:00 p.m., prevailing time, Monday through Friday, only.

Exterior Storage. Any exterior storage of lumber or forestry product or by-product shall comply with all recognized fire standards and safety standards and shall be screened from view with the planting of an appropriate evergreen screen.

Deliveries or Transport to and from the Site. No deliveries to the location or transportation of product or by-product of the forestry operation shall be conducted except between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, only.

External Illumination. Any external illumination to be placed on the site as part of or to assist in the forestry operation shall be shielded from direct visual observation on any adjoining property or along any adjacent roadway.

Signage and Retail Operations. No sale of any of the lumber or any other product or by-product of the forestry operation may be sold on the premises where the forestry operation is conducted.

Submission of a Forestry/Timber Harvesting Plan. Any forestry harvesting operation shall be undertaken in accordance with a forestry/timber harvesting plan approved by the Township as part of their zoning permit. All forestry/timber harvesting plans shall be consistent with the Timber Harvesting Guidelines of the Pennsylvania Model Forestry Regulations of the Penn State School of Forest Resources, as applicable, and shall include a plan or plans indicating the following information:

Any permits required by any other agency under applicable regulations shall be the responsibility of the landowner or forestry/timber harvesting operator as applicable. Copy of all required permits and a letter of adequacy from the Berks County Conservation District for the erosion and sediment control plan shall be submitted to the Township prior to commencement of the forestry/timber harvesting operation.

The following management practices shall apply to all forestry/timber harvesting operations:

All buildings in which animals are housed shall be located at least 100 feet from all lot lines or existing center of a road.

All facilities shall comply with all applicable state codes and regulations. Commercial Kennels shall be located on a property which is no less than four acres in size.

Outdoor pens, feed yards, and runs shall be a minimum of 100 feet from any property boundary, and 200 feet from any existing neighboring residence.

A buffer yard of 15 feet shall be required, sufficient to screen the operation from all adjoining properties, and shall be planted prior to commencement of operations. The landscaping shall consist of one row of trees to be planted a minimum of five feet from the property line, 10 feet on center with a minimum height of six feet and supplemented by additional plantings (shrubs, etc.) as required.

The potential effect of noise shall be considered in the approval of this use. Soundproofing materials may be required, sufficient to meet the noise requirements of this chapter along all property lines which abut adjacent residential use(s) or a residential zoning district.

Parking. One off-street parking space for each employee plus one space for each 200 square feet of sales/office/treatment facility area.

No unleashed dogs shall be permitted outside of an enclosed structure or fenced pen between the hours of 9:00 p.m. and dawn.

Minimum lot area shall be 10 acres.

Any building or structure used for the keeping or raising of horses shall be situated not less than 100 feet from any street line or property line.

Parking. One off-street parking space for every three persons present at such facilities when they are filled to capacity or one space for every three stalls whichever is greater, plus one additional space for each employee.

Horse trailer parking or storage shall be provided in a designated off-street parking area.

Parking for horse shows, demonstration clinics, or any other horse related activities must be provided off-street.

In addition to the information required elsewhere in this chapter, the following information shall be submitted as part of the application to the Zoning Hearing Board:

The following standards shall be satisfied:

The wind energy system shall be subordinate to and located on the same lot occupied by the principal use to which it relates and supplies power. The resultant energy harnessed from the wind energy system shall primarily be used on the property on which the system is located.

The minimum lot area shall be two acres.

The wind energy system shall not be located within any required front, side or rear yard setbacks.

No more than one wind energy system shall be located on any one residential lot or multiple parcels in the same ownership upon which the principal residential use is located. A maximum of two wind energy systems may be installed as accessory uses to agricultural uses on a property of greater than 10 acres.

The wind energy system shall not exceed an output of greater than 10 kWh.

The height of a wind energy system shall be limited to a maximum of 65 feet. If a device is attached to an existing structure, then the maximum height of the attached wind energy system shall not exceed 65 feet including the height of the existing structure. Exceptions to building height as specified in other Parts of this chapter do not apply to wind energy systems.

The wind energy system shall be set back from the side and rear property lines a distance of 110% of the height of the wind energy system. All wind energy systems shall also be set back a distance of 100 feet from any road frontage or to the rear of a house whichever is greater.

The minimum distance between the undisturbed ground at the base of the device and any protruding blade shall be 15 feet, as measured at the lowest point of arc of the blades.

All ground mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access. The tower shall not provide steps or a ladder readily accessible for a minimum of 10 feet above the ground.

No artificial lighting (unless required by the FAA), signage, or any forms of advertising shall be utilized or attached to the wind energy system.

Design and location of a wind energy system shall consider, to the greatest extent possible, the aesthetics of the surrounding environment. The tower shall be of a monopole design (lattice and guyed monopole towers not permitted), and the entire system (hub and rotors) shall be a non-obtrusive color such as white, off-white, or grey. In no case shall a device be attached to a structure listed on the Registry of Historic Structures.

All utility lines, including electrical wires other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect box, and the grounding wires, must be installed underground in accordance with the prevailing standards of the servicing utility company.

When a building is necessary for storage cells or related mechanical equipment, the building must not exceed 150 square feet in area, 15 feet in height, and must not be located within any required front, side or rear yard setbacks.

Building permit applications for a residential wind energy system shall be accompanied by standard drawings of the wind turbine structure and stamped engineered drawings of the tower, base and/or foundation as provided by the manufacturer.

Any wind energy system that is defective, or has been abandoned, that is deemed to be unsafe by the Township shall be required to be repaired by the owner to meet federal, state and local safety standards, or be removed by the property owner within six months of written notification from the Township. If the owner fails to repair or remove the defective or abandoned wind energy system, the Township may pursue a legal action to have the system removed at the owner's expense.

The landowner shall, at his/her expense, complete decommissioning of the wind energy system within 12 months after the end of the useful life of the system. It shall be presumed that the wind energy system is at the end of its useful life if no electricity is generated for a continuous period of 12 months.

A wind energy system, including tower, shall comply with all applicable state construction and electrical codes, and the National Electrical Code. Prior to issuance of a zoning/building permit for the installation of the device, the applicant must submit to the Township all documentation required by the Township Building Code Official to verify that the design of the device complies with the Pennsylvania Uniform Construction Code (UCC) including, but not limited to, documentation of the structural integrity of the foundation, base, tower and all appurtenant structures and electrical design. Design information must be certified by a licensed professional engineer in the Commonwealth of Pennsylvania, and/or equipment manufacturer.

Permitted Locations, Installation Standards and Fuel Limitations.

Waste Material Storage/Disposal.

Replacement, Reconstruction or Repair of Existing Outdoor Furnaces. If an outdoor furnace is found as a result of Township inspection to be physically deteriorated or decayed to the point that the repair cost exceeds more than 50% of the cost of a new unit, the appliance must be removed and/or replaced with a new unit and the new unit must comply with all of the regulations listed in this Part.

Regulations for Existing Outdoor Furnaces.

An in-law quarters shall be considered an accessory living component or living area of a permitted single-family detached dwelling on an approved lot, which complies with the minimum and maximum dimensional requirements as well as the utility provisions, which are further specified by the appropriate zoning district to which the in-law quarter is located.

An in-law quarters shall only be utilized by relatives of the occupants of the residence.

The in-law quarters shall be occupied by a maximum of two relatives.

The in-law quarters can not be permitted in a detached structure to the principal residence (guest house) or constructed above an existing or proposed detached garage.

The in-law quarters may not have a gross floor area in excess of 1,000 square feet of living space, which may include a living room, kitchen, bedroom and bathroom.

All utility provisions, including sewage disposal and water supply that serve the in-law quarters shall be physically connected to those systems serving the principal residential dwelling. The applicant shall provide the Township with evidence that the property is serviced by public water and sewer or that the existing on-lot sewage disposal system and water supply well have sufficient capacities to accommodate the principal building plus the in-law quarters. Where appropriate, the Township Sewage Enforcement Officer shall review/inspect the existing and proposed utility connections.

In addition to the number of off-street parking spaces required for a single-family detached dwelling, a minimum of one additional off-street parking space shall be required for the in-law quarters.

Upon construction of the in-law quarters, and satisfactory inspection by the Township Building Code Official, the Zoning Officer shall issue a zoning permit, which shall be reviewed every two years to determine compliance with the requirements of this section.

Upon the abandonment of the in-law quarters as an accessory use in compliance with the requirements of this Part, the area occupied by the in-law quarters must be converted back to common living space with the principal use. An in-law quarters which no longer provides residence for family relatives, can not be subsequently rented out as an apartment unit.

The owner of the property shall execute an agreement with the Township which shall be recorded with the Berks County Recorder of Deeds which shall require that the area occupied by the in-law quarters must be converted back to common living space with the principal use within six months after the in-law quarters are no longer occupied by the person or persons for whom the original permission was granted, The agreement shall provide that the in-law quarters shall not be rented out as an apartment unit.

Congregate-care and/or assisted-living facilities 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.

Uses permitted within congregate-care and assisted-living facilities include:

Area and density requirements for congregate-care and assisted-living facilities shall be as follows:

Standards for Buildings.

Streets, Parking and Lighting.

Landscaping.

Design Regulations.

Recreation facilities for a congregate-care and/or assisted-living facility shall include:

All congregate-care or assisted-living facilities shall have an emergency management plan in effect for response to catastrophic events.

All congregate-care or assisted-living facilities shall have fire access on all four sides of a building as well as an automatic sprinkler fire suppression system.

Prerequisites for Conditional Use Application.

Use Regulations.

Development Regulations.

Homeowners Association. A homeowners association declaration shall be approved by the Township and recorded. The declaration shall provide all of the restrictions necessary to assure that a proposed development will operate as depicted on the approved record subdivision and land development plan and be in compliance with the Federal Fair Housing Act amendments of 1988, as amended. The declaration shall permanently bind a minimum of 80% of the dwellings to be permanently occupied by at least one person age 55 or older; a greater percentage may be so restricted as part of the declaration. No permanent occupant of any age-qualified dwelling may be less than 18 years of age.

A flex space industrial building is a principally industrial property designed to provide its occupants with flexibility of utilizing the space, usually by providing a configuration allowing a flexible amount of office or showroom space in combination with manufacturing, laboratory, warehouse distribution, etc. Typically this design also provides the flexibility to relocate overhead doors and is generally constructed with little or no common areas, load bearing floors, loading dock facilities and high ceilings.

A flex space industrial building shall be owned by a single person or business entity.

Uses permitted within a flex space industrial building shall be limited to those light to medium industrial uses combined with office and retail display accessory uses as permitted within the GI Zoning District.

A flex space industrial building shall consist of no less than 25% office and retail combined with no more than 75% of the total floor area devoted to light industrial uses including research and development, light manufacturing, processing, storage and/or warehousing.

The submission of a land development plan will be required for the development of any flex space building on a lot.

Parking requirements shall be established for a flex space industrial building by using a 30/70% mix of office and manufacturing/warehousing floor areas, plus the provision for loading spaces.

As part of the land development plan application the applicant shall estimate maximum sewer and water needs based upon percentage mix and proposed used in order to establish sewer EDU and water supply service requirements.

Each proposed tenant within a flex space industrial building shall be required to secure a zoning permit in addition to any other required. The new tenant permit applications shall also include a tabular update of the existing and proposed (for new tenant) flex space building parking and sewer EDU utilization to document the building/sites ability to support the new tenant in compliance with Township requirements.