The purpose of this Part is to provide specific standards for the particular uses allowed by special exception or permitted by right, in addition to the general standards as contained in the various zoning district regulations. For special exception uses, the standards of this Part must be met prior to the granting of the special exception by the Zoning Hearing Board. For permitted uses in the various zones, the standards of this Part must be met to the satisfaction of the Zoning Officer prior to granting a building permit, occupancy permit, or other permit issued by the Township. In the case where a specific minimum lot size is required in Part 6, such lot size requirement shall not be less than the required lot size stated within the appropriate district.

   1.   The required two parking spaces per dwelling must be provided for this use.

   2.   The accessory apartment shall be part of the principle structure.

   3.   Only one accessory apartment is allowed per parcel or lot of record.

   1.   The principal dwelling unit must be occupied by the property owner.

   2.   A detached accessory family dwelling unit shall be of portable construction (excluding recreational vehicles, campers, or any other type of vehicle capable of being moved) and shall not exceed 900 square feet of floor area and shall not exceed 15 feet in height. A detached accessory family dwelling unit shall be located only in the side or rear yard.

   3.   All setbacks and total lot coverage for the relevant district must be met.

   4.   Adequate sewage disposal and water for both the principal dwelling and the accessory family dwelling unit must be maintained.

   5.   No more than two persons shall occupy the accessory family dwelling unit.

   6.   An accessory family dwelling unit shall be occupied only by the property owner's family members, defined as: great-grandparents, grandparents, parents, children or lineal descendants (a family member's spouse and children are to be included in the definition).

   7.   A use permit shall be valid for a period of one year from the date of issuance, and shall be renewable in annual increments, provided that the medical hardship of the family member continues. A use permit that is issued shall become null and void if the property owner does not obtain a renewal thereof prior to the expiration date.

   8.   An accessory family dwelling unit shall not be rented under any circumstances.

   9.   A use permit shall automatically expire and a detached accessory dwelling unit must be removed from the property within six months upon the occurrence of any of the following:

      A.   Removal of the property owner from the principal dwelling unit.

      B.   Removal of the family member from the detached accessory family dwelling unit.

      C.   A violation of the requirements of this Section.

      A.   Single-family dwelling.

      B.   Multi-family dwelling.

      C.   Financial institution.

      D.   Private clubs or social halls.

      E.   Day care facilities of all types.

      F.   Civic or cultural building.

      G.   Community/Senior center.

      H.   Other such uses as determined appropriate upon recommendation of the Planning Commission and approval of the Zoning Hearing Board.

   3.   Parking shall meet the requirements of Part 7 of this chapter based on the permitted reuses.

   1.   An adult-oriented facility shall not be located within 1000 feet of any residential use or district.

   2.   An adult-oriented facility shall not be located within 2,500 feet of any church, school, library, park, playground, day care center, community center, or any other adult-oriented facility.

   3.   Any building or structure used and occupied as an adult-oriented facility shall be windowless or have an opaque covering over all windows or doors of any area in which materials, merchandise, film or other offered items of service are visible from outside the building or structure.

   4.   No sign shall be erected upon the premises depicting or giving a visual representation of the type of materials, merchandise film or service offered therein.

   5.   Each and every entrance to the structure shall be posted with a notice, minimum one foot by one and one-half feet, that the use is a regulated facility, that persons under the age of 18 are not permitted to enter and warning all others that they may be offended upon entry.

   6.   The following shall be prohibited. Any use or activity prohibited by §5903 of the Pennsylvania Crimes Codes, 18 Pa.C.S.A. §5903.

      A.   To recognize housing needs for residents as they get older and life-style preferences changes.

      B.   To provide for developments consistent with the provisions of the Federal Fair Housing Act amendments of 1988, or as subsequently amended.

      C.   To provide for such developments consistent with the Township's Comprehensive Plan goals, Community Development Objectives and strategies.

      D.   To recognize the lesser impacts of smaller households sizes associated with age- restricted communities organized in higher densities.

      E.   To encourage conservation-based site design resulting in a campus-style development pattern.

      F.   To encourage the creation of neighborhoods specifically designed for the region's senior residents.

      A.   All provisions of the Federal Fair Housing Act amendments of 1988, or as subsequently amended. A minimum of 80% of the dwelling units 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 an age-qualified dwelling unit may be less than 18 years of age.

      B.   Tract Size. Any tract of ground, or contiguous group of tracts which are the subject of an application for special exception approval as an age-restricted community pursuant to this Section, shall contain a minimum of 60 acres if located within the R-1 Zoning District and 30 acres if located within the R-3 or R-4 Zoning District, exclusive of area within the ultimate rights-of-way of existing public roads.

      C.   Traffic. A traffic summary shall be submitted pursuant to the Code of Ordinance Chapter 22, § 22-719.

      D.   Campus-Style Development. Shall follow "Campus-Style" Development standards in § 27-513.

   4.   Use Regulations. The following use regulations shall apply for an age-restricted community development. Age restricted communities are permitted in the R-1, R-3, and R- 4 Zoning Districts and shall permit the following uses:

      A.   R-1 Zoning District.

         (1)   Residential Uses.

            (a)   Single-family detached.

            (b)   Single-family semi-detached.

            (c)   Duplex.

      B.   R-3 and R-4 Zoning Districts.

         (1)   Residential Uses.

            (a)   Single-family detached.

            (b)   Single-family semi-detached.

            (c)   Single-family attached.

            (d)   Duplex.

            (e)   Multi-family.

      C.   Nonresidential Uses.

         (1)   Community center.

         (2)   Outdoor recreational facilities.

         (3)   Indoor recreational facilities.

         (4)   Fitness/health spa establishments.

         (5)   Security office.

         (6)   Personal services.

         (7)   Restaurant.

         (8)   Cafeteria.

         (9)   Pharmacy.

         (10)   Other similar uses.

         (11)   Medical office, health clinic, and similar medical/health professional offices.

      A.   R-1, R-3 and R-4 Zoning Districts.

         (1)   Maximum residential - 70%.

         (2)   Minimum nonresidential - 5%.

         (3)   Maximum nonresidential - 35%.

         (4)   Minimum open space area - 20%.

   7.   Maximum Density. Three units per acre in the R-1 Zoning District, eight units per acre in the R-3 and R-4 Zoning District.

   8.   Declaration of Restrictive Covenants. A Declaration of Restrictive Covenants must be approved by the Township. Said Declaration shall provide all of the restrictions necessary to assure compliance with the Federal Fair Housing Act amendments of 1988, or as subsequently amended. The following are the minimum requirements for the Declaration:

      A.   Provisions for the establishment of a Homeowners Association (HOA) or other similar entity as approved by the Township, with mandatory membership by the current owner of each dwelling unit represented in the land development plan.

      B.   Parties to the Declaration of Restrictive Covenants shall be bound by all restrictions contained therein, and shall include, at a minimum, members of the aforementioned Association(s), developer and all such other parties.

      C.   Cross Easements. Cross easements shall be included, which shall assure proper circulation throughout the development and access to all common recreation and open space areas, roadways and common parking areas.

      D.   Maintenance provisions shall be included for any community/recreation center and related facilities, other recreational facilities, circulation network, common parking areas, landscaping and all other areas not individually controlled by the homeowner in fee title.

      E.   Provisions to ensure that development of any buildings, parking, stormwater management facilities, or other similar improvements, are prohibited on any lots to be utilized solely for open space purposes, as indicated on the most currently approved land development plan.

      F.   Provisions stipulating each lot owner/resident's rights with respect to common areas.

      G.   Residency restrictions applicable to a development in an age-restricted community development shall be in accordance with the Federal Fair Housing Act amendments of 1988, or as subsequently amended.

      H.   Any other outside agency that requires additional regulations to the development that is stricter than existing Township regulations shall apply.

      I.   No lot or unit shall be transferred without the prior recording of a Declaration of Restrictive Covenants.

      J.   The development of a community center is strictly for the use of ARC residents and invited guests.

      K.   Provisions to ensure Township enforcement rights for the common areas if they are not maintained.

   1.   Must be considered and approved as a special exception.

   2.   May be a principal use.

   3.   All structures shall be located at least 50 feet from all property lines.

   4.   Maximum lot coverage shall be 20%.

   5.   Sufficient vehicle stacking lanes shall be provided to vehicle backups onto adjoining roads.

   6.   A minimum 25-foot buffer shall be provided along all property lines.

   7.   All grain storage facilities, conveying apparatuses, drying chambers and axial ventilation fans shall be set back a minimum of 100 feet from all property lines.

   8.   Off-street parking shall be provided in accordance with Part 7.

   9.   Signs shall be provided in accordance with Part 8.

   10.   Existing non-conforming lots are permitted, by special exception, to establish an agribusiness in accordance with § 27-401.4.A. and § 27-402.4.B.

   1.   All services and care provided to the animals shall be conducted indoors. If exterior care is provided, Kennel requirements under this Part shall be met.

   2.   The applicant shall provide a Manure Management Plan to show that adequate provisions are being implemented to collect, store, and dispose of the animal waste associated with the proposed facility. The containers to be used in the process shall be kept covered and shall be cleaned on a regular basis to avoid the potential for detectable odors.

   1.   All animal boarding buildings that are not wholly-enclosed, and any outdoor animal pens, stalls, or runways shall be located within the rear yard area.

   2.   All animal boarding buildings that are not wholly-enclosed, and any outdoor animal pens, stalls, or runways shall be a minimum 100 feet from all property lines.

   3.   All outdoor pasture/recreation areas shall be enclosed to prevent the escape of animals; all such enclosures shall be setback a minimum of ten feet from all property lines.

   4.   When veterinary services are performed on-site, a permit for the wastewater system shall be obtained from DEP's Bureau of Water Quality Management as required by the Clean Streams Law, 35 P.S. §691.101 et seq.

   5.   Crematory/crematorium is considered an accessory use to an animal hospital establishment. Such accessory use must be operated and maintained entirely within the primary use.

   1.   If materials are to be stored, they shall be screened sufficiently from adjacent properties and the public ROW.

   2.   All permanent batch plants shall have an effective dust collection system approved by the Township.

   3.   The Zoning Hearing Board may require the use of wheel washers or another means of cleaning trucks/vehicles before entering public streets.

   4.   Batch plants shall have an approved sediment pond before wash-out water is discharged into any waterway.

   5.   The Zoning Hearing Board may impose restrictions on access to the facility, storage of vehicles or materials on the premises, hours of operation and other such matters as they deem necessary to ensure that there is no adverse impact upon the functioning of the district or adjacent parcels.

   Any associated drive-through windows and/or lane(s) must meet the standards outlined in this chapter.

   1.   No modifications to the external appearance of the building (except fire escapes) which would alter its residential character shall be permitted.

   2.   Guest stays shall be limited to a maximum of 14 consecutive days.

   3.   A maximum of five guest rooms shall be permitted.

   4.   The required parking spaces shall be provided in accordance with Part 7. Parking areas may not be in front of the dwelling unit and shall be a minimum of 20 feet from any lot line.

   5.   All floors above grade shall have direct means of escape to ground level.

   6.   One sign may be erected on the property of a maximum size of two square feet in area.

   7.   The inn must comply with local and State regulations including, but not limited to, fire, health, safety and building codes.

   8.   The operation of the inn shall be conducted so as to be clearly incidental and accessory to the primary use as a single family dwelling.

   9.   The Township Sewage Enforcement Officer shall certify the adequacy of on-lot wastewater systems to handle the additional volume generated by the inn in those areas dependent on on-lot wastewater systems.

   If business and professional offices exceed 100,000 square feet in gross floor area, standards in § 27-513 shall apply.

   1.   The minimum lot area shall be ten acres. In the agriculture district the use shall equal five residential lots.

   2.   All campsites shall be located at least 50 feet from any property line and at least 200 feet from any street line.

   3.   No more than ten campsites shall be permitted per acre parking space for one automobile shall be provided at each site which will not interfere with the convenient and safe movement of traffic, plus an equivalent amount of parking shall be provided in a common area or lot.

   4.   An internal road system shall be provided. The pavement width for the access drive entrance way shall be at least 24 feet. The pavement width for internal drives shall be a minimum of 16 feet. All internal drives must be improved to a mud-free, dust-free condition.

   5.   A minimum of one-quarter acre per acre of total site area shall be reserved as an outdoor play area. Each outdoor play area shall be setback at least 100 feet from any property line and screened from adjoining properties.

   6.   Personal occupancy of each space shall be limited to not more than 180 days in a given year, or 28 consecutive days.

   7.   Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces.

   8.   Consideration shall be given to traffic problems. If the nature of the campground or recreational vehicle park is such that it will generate a high volume of vehicular traffic, then access should be via an arterial or a collector road as identified in the Dover Township Comprehensive Plan.

   9.   All campgrounds and recreational vehicle parks shall furnish sanitary and garbage collection facilities that shall be set back a minimum of 100 feet from any property line.

   10.   Any accessory retail or service commercial uses shall be set back at least 100 feet from any property line. Such accessory commercial uses shall be solely designed and constructed to serve the facility's registered guests and their visitors. Any parking spaces provided for such uses shall have vehicular access from the facility's internal road rather than the public street.

   11.   The Township Sewage Enforcement Officer shall certify the adequacy of on-lot wastewater systems to handle the additional volume generated by the campground those areas dependent on on-lot wastewater systems.

   12.   The camper/trailer shall not be a primary residence.

   13.   A Campground/Recreational Vehicle Park shall be permitted within any active agricultural use and must have been in agricultural use for a period of at least two (2) years prior to the filing of an application, regardless of zoning district.

      A.   Licensing. The facility shall obtain a certificate of licensure from the appropriate state agency and shall provide a copy of the certificate to the Township prior to occupancy approval by the Township. The facility must be in compliance with all applicable Township health, building and fire codes.

      B.   Signs. Signage visible from the street in residential districts must comply with Chapter 27, Part 8, Signs.

      C.   Garbage. Adult care daily operations must screen and secure all outdoor trash and garbage facilities.

      D.   Parking. The adult care facilities shall provide parking in accordance with Chapter 27, Part 7, Off-Street Parking and Loading.

      E.   Indoor Space. Adult care facilities shall provide at least a minimum of 500 square feet of indoor space.

      A.   Definition. A facility in which children of various ages who are not related to the operator receive childcare for a period not to exceed 24 hours at one time.

      B.   Licensure. The facility shall obtain a certificate of licensure from the Pennsylvania Department of Public Welfare (or successor agency) and shall provide a copy of the certificate to the Township prior to occupancy approval by the Township. The facility must be in compliance with all applicable Township health, building and fire codes.

      C.   Play Areas. Indoor and outdoor play areas shall be provided in accordance with Commonwealth of Pennsylvania regulations, as specified in 55 PA Code, Section 3270. Outdoor play areas for children must be located in a side or rear yard and shall be sufficiently enclosed to provide for the health and safety of the children. Outdoor play areas must be screened in accordance with the Dover Township Subdivision and Land Development Ordinance [Chapter 22]. A childcare center without at least 40 square feet of outdoor play area shall only be permitted if located within one-half mile walking distance of a public park.

      D.   Parking. The center should provide adequate parking and loading space in accordance with Chapter 27, Part 7, Off-Street Parking and Loading. Adequate vehicle stacking space must be provided for drop-off/pick-up of children.

      E.   Signs. Signage visible from the street must comply with Chapter 27, Part 8, Signs.

      F.   Residential District. In the residential district, the childcare center must be an accessory use either to the building or business.

      G.   Additional Requirements. All local licensing and permit requirements/standards shall be met.

      A.   Definition. A care center in which seven to 12 children of various ages or in which seven to 15 children from 4th grade through 15 years of age who are not related to the operator receive childcare for a period not to exceed 24 hours at one time.

      B.   License. A Group Childcare Home must have a certificate of compliance ("license") from the Commonwealth of Pennsylvania Department of Public Welfare in order to legally operate. In addition, the home must be in compliance with all applicable Township health, building and fire codes.

      C.   Play Areas. Indoor and outdoor play areas shall be in compliance with DPW requirements as specified in 55 PA Code 3280. Outdoor play areas for children must be located in a side or rear yard and shall be sufficiently enclosed to provide for the health and safety of the children. Outdoor play areas must be screened in accordance with the Dover Township Subdivision and Land Development Ordinance [Chapter 22].

      D.   Unsightly Conditions. Childcare daily operations must not cause unsightly conditions or waste that is visible from off the property except for normal trash loads placed on curb for regular trash pick-up day.

      E.   Signs. Signage visible from the street must comply with Chapter 27, Part 8, Signs.

      F.   Parking. The childcare operation must have sufficient off-street parking to accommodate residential use and employees in accordance with Chapter 27, Part 7, Off-Street Parking and Loading. The applicant shall provide an area for drop off/pick-up of children.

      G.   Traffic. The childcare operation must not create a volume of passenger or commercial traffic that is inconsistent with the normal level of traffic for the street on which the dwelling or building is located.

      A.   Definition. A business located in the caregiver's home in which four, five, or six children who are not related to the caregiver receive childcare for a period not to exceed 24-hours in at one time.

      B.   License. A Family Childcare Home must have a certificate of registration from the Commonwealth of Pennsylvania Department of Public Welfare (DPW) in order to legally operate. In addition, the home must be in compliance with all applicable Township Health, Building and Fire codes.

      C.   Play. Areas Indoor and outdoor play areas shall be in compliance with DPW requirements as specified in 55 PA Code 3290. Outdoor play areas for children must be located in a side or rear yard and shall be sufficiently enclosed to provide for the health and safety of the children. Outdoor play areas must be screened in accordance with the Dover Township Subdivision and Land Development Ordinance [Chapter 22].

      D.   Unsightly Conditions. Childcare daily operations must not cause unsightly conditions or waste that is visible from off the property except for normal trash loads placed on curb for regular trash pick-up day.

      E.   Signs. Signage visible from the street must comply with Chapter 27, Part 8, Signs.

      F.   Parking. The childcare operation must have sufficient off-street parking to accommodate residential use and employees in accordance with Chapter 27, Part 7, Off-Street Parking and Loading. The applicant shall provide an area for drop off/pick-up of children.

      G.   Traffic. The childcare operation must not create a volume of passenger or commercial traffic that is inconsistent with the normal level of traffic for the street on which the dwelling or building is located.

      A.   Licensure. The facility shall obtain a certificate of licensure from the York County Area Agency on Aging and shall provide a copy of the certificate to the prior to occupancy approval by the Township. The facility must be in compliance with all applicable Township health, building and fire codes.

      B.   Location. The home must be an accessory use located in a single-family attached, detached or semi-detached dwelling unit.

      C.   Cooking/dining. No facilities for cooking or dining shall be provided in individual rooms or suites.

      D.   Operator. The family residing on the premises shall provide the care associated with a domiciliary care home.

      E.   Operator Residence. The domiciliary care home operator shall reside primarily at the dwelling.

      F.   Parking. Standards of Chapter 27, Part 7, Off-Street Parking and Loading, must be met.

      A.   Licensure. The facility shall obtain a certificate of licensure from the appropriate state agency and shall provide a copy of the certificate to the Township prior to occupancy approval by the Township. The facility must be in compliance with all applicable Township health, building and fire codes.

      B.   Area space for social and welfare facilities, such as cafeterias, dining halls, community rooms, workshops and other essential service facilities, shall not occupy more than 35% of the total floor area.

      C.   Parking. Parking for employees and visitors must be provided on-site. Loading spaces should be provided at the rear or side of the property. Additional parking standards in Chapter 27, Part 7, Off-Street Parking and Loading, must be addressed.

      D.   Screening. All outside storage and dumpsters should be screened.

      E.   Sidewalks. Sidewalks should be provided along street frontage and parking lots to building entrances.

      F.   Signs. Outside signage for accessory uses is prohibited. Signage visible from the street in all districts must comply with Chapter 27, Part 8, Signs.

      A.   Licensure. The facility shall obtain a certificate of licensure from the appropriate state agency and shall provide a copy of the certificate to the Township prior to occupancy approval by the Township. The facility must be in compliance with all applicable Township health, building and fire codes.

      B.   Staff. On-site staff must be available to residents on a 24-hour basis.

      C.   Dining Area. A common dining area shall be provided to serve prepared meals to the residents of the facility. No facilities for cooking (microwave ovens are exempt) or dining shall be provided in individual rooms or suites.

      D.   Land Development Plan. Any new facility not located within a single-family dwelling shall be required to submit a land development plan.

      E.   The family residing on the premises shall provide the care associated with the personal care facility and the operator shall reside primarily at the dwelling.

      F.   Parking. Standards in Part 7, Off-Street Parking and Loading, must be met. Facilities which are accessory to a single-family dwelling must provide parking for the dwelling.

   1.   Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhoods.

   2.   The definition of a car wash does not include a one-bay washing facility in a service station where washing facilities are purely incidental to the operation.

   3.   A car wash shall provide a minimum of five stacking spaces per washing bay.

   4.   Paved off-street stacking spaces shall be arranged in an orderly fashion so as not to cause blockage of any means of ingress or egress and to ensure that the traffic flow on a public ROW is not endangered in any way. A separate means of ingress shall be established and clearly marked, as shall be a separate means of egress from the car wash. It shall be the responsibility of the owner to avoid any congestion in the public ROW by directing traffic away from the facility by posting a "Temporarily Closed" sign or other means of notification. Traffic studies and associated improvements may be required by the municipality as a condition of approval.

   5.   The car wash shall have direct access to an arterial or collector road or shall have a point of ingress/egress from a public or private street within the lot of a shopping center. The road shall have sufficient capacity to handle traffic generated by the facility.

   6.   Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat, or glare shall not be produced.

   7.   All equipment related to the operation of the car wash shall be properly screened to minimize nuisances to adjoining lots.

   8.   A car wash that adjoins an existing residential lot shall provide a buffer yard. The buffer yard shall be planted within a combination of deciduous and evergreen trees, shrubs, ornamental grasses, or ground covers. Grass, sod, or turf shall not be considered an acceptable plant for use within landscaped buffer yards.

   9.   An automatic car wash shall also meet the standards of a drive-through service facility.

   1.   Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhoods.

   2.   The scale, massing, and building design shall be compatible with the surrounding neighborhood.

   3.   No outdoor loading or service areas, shall be located within the side or rear yard setback areas.

   1.   Minimum lot area: five acres.

   2.   All burial plots or facilities shall be located at least 100 feet from all property or street lines.

   3.   Assurances must be provided that water supplies of surrounding properties will not be contaminated by burial activity within the proposed cemetery.

   4.   No burial plots or facilities are permitted in flood hazard areas.

   5.   Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces.

   6.   Pet cemeteries must meet all of the above applicable requirements.

   1.   All private clubs shall have access to an arterial or collector road as identified in the Dover Township Comprehensive Plan.

   2.   All off-street parking areas shall be set back a minimum of 30 feet from any adjoining residential lot lines.

   3.   All outdoor recreation/activity areas shall be set back at least 50 feet from any property line.

   4.   Screening shall be provided along any adjoining residentially zoned property.

   1.   All outdoor storage of equipment shall be setback a minimum of 50 feet from any property line and shall be screened from view in accordance with the requirements of the SALDO.

   2.   Buffer yards and screening shall be provided as necessary to adequately protect neighboring properties. A buffer yard at least 50 feet wide must be provided on the site in all instances where the site adjoins a residential use or district. The buffer yard shall be naturally landscaped, have no impervious cover and shall not be used for building, parking, loading or storage purposes. Screening shall be provided for the length of the buffer yard in accordance with § 22-721 of the Subdivision and Land Development Ordinance [Chapter 22].

   3.   Any exterior lighting and/or amplified public address system shall be arranged and designed so as to prevent objectionable impact on neighboring properties. Use of the outdoor public address systems shall only be permitted between the hours of 8:00 a.m. and 11:00 p.m. Exterior lighting other than that essential for the safety of the users of the premises shall be prohibited between the hours of 11:00 p.m. and 6:00 a.m.

   4.   Outdoor recreation areas shall not include any required parking areas.

   5.   Outdoor recreation areas shall only be permitted between the hours of 8:00 a.m. and 11:00 p.m.

   6.   Outdoor trash and recycling receptacles shall be provided amid any outdoor recreation area. Such trash receptacles shall be emptied so as to prevent the scattering of litter and debris.

   7.   The applicant shall demonstrate adequacy of sewage disposal and water supply.

   8.   Shall have vehicular access to an arterial or collector road as identified in the Dover Township Comprehensive Plan.

   9.   Shall be a minimum of five acres.

   If a conference or corporate center facility exceeds 100,000 square feet in gross floor area, standards in § 27-513 shall apply.

      A.   Promote more environmentally aware subdivision layout.

      B.   Encourage ingenuity and originality in site design.

      C.   Preserve environmentally sensitive areas.

      A.   Permitted uses shall be in accordance with the applicable zoning district.

      B.   Public water and sewer shall be provided, unless the development is located outside the Designated Growth Area, in which case, on-lot disposal systems or a community-on-lot system shall be provided in compliance with Dover Township Subdivision and Land Development Ordinance Chapter 22, § 22-713 and Water, Sewer, and Sewage Disposal Chapter 26, § 26-156 and the Pennsylvania Department of Environmental Protection requirements.

      A.   Minimum tract size shall be 15 acres for this section to apply.

      B.   Common Open Space. The following requirements shall apply to the common open space areas:

         (1)   Minimum Common Open Space shall be 20% of the total tract area.

         (2)   The following areas may not be calculated as part of the common open space: streets, private yards, minimum required spacing between buildings, recreation land required for dedication to the Township, parking areas and buffer areas on individual residential lots.

         (3)   The area shall be accessible to all residents. Pedestrian ways shall interconnect residential units and common open space areas.

         (4)   Common open space areas shall be designed as a continuous system of usable area, which is interspersed among residential groupings.

         (5)   Future development or sale of common open space shall be prohibited.

         (6)   Maintenance of Common Space and Buffer Yards. The developer must submit a detailed statement including covenants, agreement or specific documents showing the ownership, financial responsibility, and methods of maintenance and utilization of required common open space area and buffer yards within the development. Furthermore, the Township Solicitor shall review such documents to determine whether they adequately provide for the creation of a common open space area and its maintenance. The Township shall require that such documents provide that any alteration or amendment of the provisions establishing a common open space area or its maintenance cannot be accomplished without the express consent of the Township. Such documents creating the areas and providing for their maintenance shall not be altered or amended after the Township approval has been granted without the specific consent of the Township.

   6.   Walking Paths. Walking paths, sidewalks and or trail are required in all Conservation-Based Design developments. Such paths shall connect to adjacent neighborhoods, parks, existing paths, sidewalks or established greenway systems.

(Ord. 2024-01, 5/13/2024)

   1.   Access shall be via an urban arterial or collector road as identified in the Dover Township Comprehensive Plan.

   2.   All activities shall be conducted within a wholly-enclosed building.

   3.   All exterior storage areas shall be screened from view on all sides.

   4.   All merchandise, except vending machines shall be stored within a building.

   5.   An area enclosed by a wall or fence, screened from view of adjoining properties, shall be provided whenever outdoor storage is required. No materials may be stored so as to create a fire hazard.

   6.   Satisfactory provision shall be made to minimize harmful or unpleasant effects such as noise, odors, fumes, glare, vibration and smoke.

   7.   Illumination shall be in accordance with § 27-509.

   1.   Access shall be via an arterial or collector road as identified in the Dover Township Comprehensive Plan.

   2.   A buffer yard 30 feet wide must be located on the site in all instances where the site adjoins a residential use or district. The buffer yard shall be naturally landscaped, have no impervious cover and shall be used for building, parking, loading or storage.

   3.   Any outdoor storage areas shall be enclosed by a wall or fence and screened from view of adjoining properties. No materials may be stored so as to create a public health hazard or a public nuisance.

   4.   No toxic or hazardous materials may be stored on any property, except in compliance with applicable State and Federal regulations.

   1.   Cryptocurrency mining factories shall not be adjacent to a Residential Zoning District or use (excluding roads and other ROWs) or within 75 feet from a residential property boundary or a Residential Zoning District.

   2.   Verification must be provided that all electronic waste generated at the cryptocurrency mining operation will be handled by an electronic waste recycling firm.

   A drive-through shall be permitted as an accessory use to any new or lawfully existing commercial establishment such as a bank, restaurant, or retail establishment subject to the following applicable requirements:

      A.   All drive-through window lanes shall be separated from the parking lot's interior driveways and parking spaces.

      B.   Any exterior speaker/microphone system and/or menu board shall be arranged and/or screened to prevent objectionable noise and/or light impact on adjoining properties.

      C.   A 20-foot bufferyard shall be provided when the drive-through window service or menu board is directly adjacent to a residential use.

      D.   Sufficient stacking lanes shall be provided to prevent vehicle backups on adjoining roads or adversely impacting internal parking lot circulation.

      E.   Sufficient temporary parking spaces needed to accommodate the queue for the drive-through shall be added in addition to the required number of parking spaces for the principal use.

      F.   Multiple lanes: Where parallel lanes for additional windows or menu boards are proposed, additional stacking in the window lane shall be provided at two additional vehicles for each window/menu board. Each lane where the window/menu board is located shall meet the minimum width.

      G.   Minimum width: The approach, required stacking area, and drive-through lane shall be no less than 12 feet.

   2.   Standards. The ESA Overlay District was created and shall be used for all development to mandate the preservation and enhancement of the natural characteristics and valuable natural resources existing on a site. The controls stated herein shall apply to all lands within the ESA Overlay District Map. Actual locations of such environmentally sensitive features shall be shown on the required subdivision and or land development plan.

      A.   Uses permitted in the Environmental Overlay District shall be the same as those permitted in the underlying base district. Because of the valued natural resources existing in areas within the Environmental Overlay District, any development proposed within the ESA shall be reviewed and considered consistent with the procedures for the review of a special exception use as provided in this chapter (see § 27-1007).

      B.   Wetlands. No building, structure, construction, excavation or land filling shall occur on any area determined to be a jurisdictional wetland without the approval and necessary wetlands permit(s), as required by the U.S. Army Corps of Engineers.

      C.   Steep Slopes. No building or structure (except for a required public utility and necessary public roads) shall be constructed on any areas where the slope of the land is equal to or exceeds 25%. Development may be permitted by the Township upon the review and approval of an engineering geotechnical report including:

         (1)   The location and description of existing natural and manmade features on and surrounding the site, including general topography and soil characteristics and a copy of the soil conservation service soil survey for the site.

         (2)   The location and description of proposed changes to the site, including any grading and excavation, vegetation removal, the location and profiles of proposed roadways, the location of proposed utility lines, the location of existing and proposed buildings and structures, and the location of all other proposed site features. Site grading shall be subject to the Dover Township Subdivision and Land Development Ordinance § 22-712.

         (3)   The identification of measures proposed for soil erosion and sediment control, including a schedule of the sequence for the installation of planned erosion and sediment control measures, including anticipated starting and completion dates in accordance with Dover Township Subdivision and Land Development Ordinance Chapter 22, Part 10.

         (4)   Landscaping Plans for the proposed vegetation of all disturbed site areas.

      D.   Grading. Construction activity, including, but not limited to, grading, shall conform to Dover Township Subdivision and Land Development Ordinance [Chapter 22].

      E.   Critical wildlife habitat. No development, building, structure, construction, excavation or land filling shall occur on designated environmentally sensitive areas without review and comment being received from the PA Fish and Boat Commission, PA Game Commission and/or the United States Fish and Wildlife Service prior to consideration by the Township Board of Supervisors.

      F.   Existing Conditions. An applicant shall show the natural resources and environmentally sensitive areas existing on the development tract on a plan including but not limited to: wetlands, steep slopes, critical wildlife habitat areas, woodlands, streams, ponds, wellhead protection areas, and groundwater recharge areas.

      G.   Exemptions. The following are exempt from the provisions of this section:

         (1)   Previously approved projects are exempted. Any development proposal calling for the construction of a structure in land areas within the Environmental Overlay District having already received approval, pursuant to the adopted regulations in effect at the time of approval, prior to enactment of this section shall be exempt.

         (2)   Township Parks and Recreation and or Open Space Projects. Municipal buildings, facilities, lands specified for recreation, active and passive recreational parks, greenways, and or lands purchased for open space protection.

      H.   Supplementary Regulations. Regulations shall be required in accordance with Part 4, § 27-413 Floodplain Overlay Section.

   1.   All activities and services should be directed at meeting the needs of the local farming community. Uses shall not include the wholesale distribution of agricultural products and livestock sales or auctions.

   2.   All uses shall have vehicular access to an arterial or collector road as identified in the Dover Township Comprehensive Plan.

   3.   Minimum lot size shall be two acres.

   4.   All structures shall be located at least 50 feet from all property lines, unless setback further by standards the underlying zoning.

   5.   Maximum lot coverage shall be 20%.

   6.   A minimum 25-foot landscape strip shall be provided along all property lines.

   7.   All outside storage shall be completely enclosed by a six-foot high fence and screened from adjoining properties and roads. No outdoor storage is permitted within the required landscape strip.

   8.   All grain storage facilities conveying apparatuses drying chambers and axial ventilation fans shall be set back a minimum of 100 feet from all property lines.

   1.   The sales/display areas shall be considered to be that of the smallest rectangle or other regular geometric shape which encompasses all sales/display areas plus any adjoining aisles and/or walkways from which consumers can inspect items for sale. The sales/display areas shall include all indoor and outdoor areas as listed above.

   2.   Any exterior lighting and/or amplified public address system shall be arranged and designed so as to prevent objectionable impact on adjoining properties.

   3.   Outdoor display/sales areas shall not include any required parking areas.

   4.   Outdoor sales and outdoor address systems shall only be permitted between the hours of 8:00 a.m. and 8:00 p.m.

   5.   Outdoor trash and recycling receptacles shall be provided amid any outdoor retail sales area. Such trash receptacles shall be emptied so as to prevent the scattering of litter and debris.

   6.   All outdoor sales/display areas shall be setback a minimum of 50 feet from any residential district or use.

   7.   Temporary sales vendors must be located within the sales/display areas as set forth in 1. above.

   8.   Off-street loading shall be calculated on the interior sales/display area.

   9.   The applicant shall demonstrate adequacy of sewage disposal and water supply.

   10.   Farm/farmers markets shall have vehicular access to an arterial or collector road as identified in the Dover Township Comprehensive Plan.

   1.   Access shall be via an arterial or collector road as identified in the Dover Township Comprehensive Plan.

   2.   Parking and loading areas must be screened from view adjoining residential use or zone.

   3.   Adequate space shall be provided for the formation of automobile processions to prevent traffic backups onto adjoining roads.

   4.   Crematory/crematorium may be considered an accessory use to a funeral home establishment or animal hospital. Such accessory use must be operated and maintained entirely within the primary use and must comply with PA Department of Environmental Protection, Bureau of Air Quality General Permit BAQ-GPA/GP-14: Human or Animal Crematories license requirements.

   1.   All garden centers shall have vehicular access to an arterial or collector road as identified in the Dover Township Comprehensive Plan.

   2.   All outdoor display areas shall be set back at least 50 feet from the street right-of-way line.

   3.   All structures, parking lots and loading areas shall be screened from adjoining residential properties existing at the time development and/or residential zones.

   4.   If on-lot water and sewage is proposed must supply proof of availability and adequacy.

   5.   All landscaping equipment and associated vehicles shall be screened in accordance with § 22-721 of the Dover Township Subdivision and Land Development Ordinance [Chapter 22].

   6.   A buffer yard of 50 feet shall be provided when the lot located adjacent to an existing residential use or a residential zone.

   1.   Golf course, including club house, restaurant and other accessory uses provided these are clearly accessory to the golf course, subject to the following lot area provisions:

 

 

   2.   No building shall be closer than 100 feet to any lot line.

   1.   All greenhouses and nurseries shall have vehicular access to an arterial or collector road as identified in the Dover Township Comprehensive Plan.

   2.   Parking lots and loading areas shall be screened from adjoining residential properties existing at the time of development and/or residential zones.

   3.   The display and sale of nonplant material shall be incidental to the nursery operation. The display area for these items shall not exceed 25% of the total gross display and sales area on the subject property and shall be set back at least 35 feet. The display, sale or repair of motorized nursery or garden equipment shall not be permitted.

   4.   All landscaping equipment and associated vehicles shall be screened in accordance with § 22-721 of the Dover Township Subdivision and Land Development Ordinance [Chapter 22].

   5.   A buffer yard of 50 feet shall be provided when the lot located adjacent to an existing residential use or residential zone.

   The number of residents permitted in a group home may exceed ten if the following criteria are met:

      1.   No more than two residents may occupy any existing bedroom. Rooms converted to bedrooms (i.e. kitchens, dining rooms, etc.) do not qualify.

      2.   Occupancy limitations of the Uniform Construction Code for Dover Township must be complied with; however at no time shall the number of residents exceed ten.

      3.   Parking. The requirement for additional off-street parking (See § 27-703.1) may be waived by the Zoning Hearing Board if evidence is provided that due to the nature of the group home, the residents would not operate vehicles. If waived, such parking would need to be added at such a point as the nature of the group home changes and parking is deemed to be needed.

      4.   An on-site resident staff person must be present at all times.

      5.   A group home shall be operated and maintained in the character of a residential dwelling in harmony with and appropriate in appearance to the character of the general vicinity in which it is to be located.

      6.   In accordance with the Federal Fair Housing Act, a "Group Home" does not extend to the following persons:

         A.   Persons who claim to be disabled solely on the basis of having been adjudicated a juvenile delinquent.

         B.   Persons who claim to be disabled solely on the basis of having a criminal record.

         C.   Persons who claim to be disabled solely on the basis of being registered as a "sex offender."

         D.   Persons who currently use illegal drugs.

         E.   Persons who have been convicted of the manufacture or sale of illegal drugs.

         F.   Persons with or without disabilities who present a direct threat to the persons or property of others.

   1.   A half-way house must be licensed where required by an appropriate government agency(ies), and shall be in compliance with all applicable rules and regulations of the licensing body(ies). A copy of any required license must be delivered to the Township prior to beginning the use.

   2.   A half-way house shall be directly affiliated with a parent institution or organization that shall provide full-time supervision and administration to the residents of the house.

   3.   A common cooking and eating area must be provided; no cooking or dining facilities shall be provided in individual rooms or suites.

   4.   The residents of the half-way house shall reside on-premises benefit from the services provided.

   5.   Necessary permits for water supply and sanitary waste disposal must be obtained.

   6.   A minimum of one off-street parking space shall be provided for each three residents of the half-way house plus one for each employee.

   7.   A minimum of 250 square feet of habitable floor space per occupant (excluding employees).

   8.   A maximum of ten occupants (excluding employees).

   9.   Each special exception application shall be accompanied statement describing the following:

      A.   The character of the half-way house.

      B.   The policies and goals of the half-way house, and the means proposed to accomplish those goals.

      C.   The characteristics of the residents and number of residents to be served.

      D.   The operating methods and procedures to be used.

      E.   Any other facts relevant to the proposed operation of the half-way house.

   10.   Any special exception granted for a half-way house shall be bound to the type and number of offenders listed on the application. Any change in the type or number of offenders being housed shall require a new special exception.

   11.   If a facility will house persons presenting a potential physical threat to the safety of nonresidents, the facility operator shall provide evidence that sufficient staffing and other security measures will be provided.

   Subject to the requirements below, the following home occupations may be authorized in a dwelling unit or accessory structure by special exception in all zones: Physician, dentist, clergyman, lawyer, engineer, accountant, architect, teacher, artist, crafts person (excluding furniture, cabinetry, etc.) licensed insurance or real estate agent, seamstress, barber, beautician, baker, pet grooming, taxidermy and similar service occupations and professions. Firearm sales are allowed in all zones except residential.

      1.   The owner/resident shall be the operator and no more than one nonresident employee shall be permitted, nor may more than three pupils receive instruction at one time.

      2.   The character or external appearance of the dwelling unit accessory structure must remain that of a dwelling/accessory structure. No display or products may be shown so as to be visible from outside the dwelling/accessory structure. A name plate not larger than two square feet in area is permitted. It must be illuminated only by indirect lighting.

      3.   Not more than 30% of the habitable floor area of the dwelling unit, up to a maximum of 350 square feet, may be devoted to the home occupation. If located in an accessory structure, the total area devoted to the home occupation shall not exceed an area equal to 30% of the habitable floor area (up to a maximum of 350 square feet) of the dwelling unit.

      4.   Besides the required parking for the dwelling unit, additional off-street parking is required as follows:

         A.   One space for the operation of the home occupation and one space for each nonresident employee.

         B.   Three additional spaces per 100 square feet of habitable floor area used for medical, dentistry or veterinary professions.

         C.   Garages shall not be considered parking area for home occupations. Each space provided shall not have direct access to the street to avoid vehicles backing into the flow of traffic.

      5.   For home occupations utilizing on-lot wastewater systems and generating additional wastewater than the residential use, the Township Sewage Enforcement Officer (SEO) shall certify that the onlot system will function with the additional volume and content of the wastewater generated by the home occupation.

      6.   The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

      7.   The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

      8.   The business may not involve any illegal activity.

   1.   Minimum lot area: five acres.

   2.   Public sewer and water facilities shall be used.

   3.   Access shall be via an arterial or collector road as identified in the Dover Township Comprehensive Plan.

   4.   All buildings and structures shall be set back a minimum 50 feet from all property lines.

   5.   Where possible, emergency entrances shall be located on a building wall facing away from adjoining residentially-zoned properties.

   1.   Hotels and motels shall be considered commercial uses.

   2.   Buffer yards of 50 feet shall separate the hotel and motel use from residential uses and districts. No parking or structure shall be allowed in the buffer yard. The buffer yard shall be measured from exterior property lines and shall not be a part of the minimum setback requirement.

   3.   Screening shall be provided the length of the buffer yard in accordance with the Dover Township Subdivision and Land Development Ordinance [Chapter 22].

   4.   Motels and hotels may include accessory restaurant facilities, conference facilities, and meeting rooms. In addition to the parking requirement in Part 7, parking shall be provided for the accessory facilities based on one off-street parking space for each 50 square feet of floor area or one off-street parking space for every four seats, whichever requires the greater number of spaces.

   1.   Minimum lot area: two acres or the minimum required by the underlying zone, whichever is greater.

   2.   All animal boarding buildings that are not wholly enclosed and any outdoor animal pens, stalls, or runways shall be located within the rear yard area and shall be a minimum of 100 feet from all property lines.

   3.   All animals must be housed within a common structure except while exercising.

   4.   All pasture and outdoor recreational areas shall be enclosed to prevent the escape of animals; all such enclosures shall be set back at least ten feet from all property lines.

   5.   Satisfactory evidence must be presented to indicate that adequate disposal of animal waste will be provided in a manner that will not create a public health hazard or nuisance.

   6.   Provided no veterinary facilities are located on the property, the Township Sewage Enforcement Officer shall certify the adequacy of on-lot wastewater systems to handle the additional volume generated by the household pet breeding use in those areas dependent on onlot wastewater systems. Otherwise a permit shall be obtained from DEP's Bureau of Water Quality Management as required by the Clean Streams Law, 35 P.S. §659.101 et seq.

   Development size. If a house of worship development exceeds 100,000 square feet in gross floor area the development shall follow § 27-513 Campus Style Development regulations.

   All Industrial Park developments and or expansion plans shall submit a master plan that encompasses the entire industrial park and future expansion areas. The master plan shall include: lot lines, street system, general utility locations and easements, areas dedicated for stormwater management, environmentally sensitive areas in accordance with §§ 27-414, 27-513, 27-627 and Dover Township Subdivision and Land Development Ordinance [Chapter 22].

      1.   Access shall be via an arterial or collector road as identified in the Dover Township Comprehensive Plan. Truck traffic going to and from the industrial park will be permitted on nonresidential streets only; traffic routes and exits shall be located at a great enough distance from residential uses so that truck noise and vibration will be minimized.

      2.   All internal streets providing access parcels within the industrial park shall be a minimum of 20 feet in width and be constructed to Township specifications. Such streets shall remain private unless accepted for dedication by the Township Board of Supervisors.

      3.   Minimum area: five acres.

      4.   Minimum lot width: 200 feet.

      5.   Minimum open space: 20% of lot area.

         A.   The following areas may not be calculated as part of the open space: streets, parking areas and buffer areas.

         B.   Future development or sale or lease of open space shall be prohibited.

      6.   Individual lots within the park (whether or not such lots are subdivided and separately deeded) shall have minimum setbacks as follows: front - 50 feet; each side - 25 feet; rear - 50 feet.

      7.   Minimum lot coverage by principal and accessory buildings; 30% of lot area.

      8.   Maximum impervious surface: 50% of lot area.

      9.   Satisfactory provision will be made to minimize harmful or unpleasant effects such as noise, odors, fumes, glare, vibration, smoke, vapors, and gases, electrical emissions, and industrial wastes.

      10.   Maximum building height: 40 feet.

      11.   Landscaping Plan.

         A.   Landscaping Plan is required at the perimeter of the industrial park as well as between lots and/or uses in accordance with § 27-410.7. and 27-409.8. and the Dover Township Subdivision and Land Development Ordinance § 22-1100.

         B.   Signage Plan. A plan for industrial park signage shall be submitted with land development plans including the total number of signs, location of signs, sign design drawings and specifications. All sign specifications shall be in conformance with Part 8, Chapter 27-801. Free-standing business advertising signs shall be designed to include ground lighting or up-lighting as well as landscaping.

      12.   Public or community water and public or community sewer facilities approved by the Pennsylvania Department of Environmental Protection must be provided to all tenants.

      13.   When adjacent to a zoning district permitting residential uses, a buffer yard of not less than 150 feet shall be maintained on each side adjoining it. The buffer yard shall be naturally landscaped, have no impervious cover, and shall not be used for buildings, parking or loading except in the interior 60 feet the area may be used as an off-street parking area. A buffer yard of a minimum 40 feet shall be maintained between all other uses.

      14.   All uses within the industrial park must comply with all applicable Federal, State and local regulations.

      15.   Loading docks and truck maneuvering areas and terminals must be further from residential areas than buildings. From a residential zone boundary:

         A.   A truck terminal or motor freight depot must be at least 500 feet distant.

         B.   A shipping or receiving dock must be at least 300 feet distant.

      16.   If any buffer area, open space, street or parking area is held in common ownership for the development, the developer/owner must submit a detailed statement including covenants, agreements or specific documents showing the ownership and method of maintenance, financial responsibility and utilization of the common areas within the development. Furthermore, the Township Solicitor shall review such documents to determine whether they adequately provide for the creation of an open space area or its maintenance. The Township shall require that such documents provide that any alteration or amendment of the provisions establishing a common open space area or its maintenance cannot be accomplished without the express consent of the Township. Such documents creating the areas and providing for their maintenance shall not be altered or amended after Township approval has been granted without the specific consent of the Township.

      18.   Lighting. A lighting plan, encompassing the entire planned industrial park is required and shall be in accordance with § 27-707. Lighting fixtures shall be installed along all walking paths/sidewalks.

      19.   Walking Paths/Trails and or Sidewalks. Walking paths/trails/and or sidewalks shall be incorporated as part of the land development plan and shall be in accordance with § 22-710. Each phase of the park, if applicable, shall include walking paths/trails/and or sidewalks.

(Ord. 2024-01, 5/13/2024)

      A.   Intensive agricultural facility (other than poultry) - 25 acres or the number of acres required by an approved nutrient management plan, whichever is greater. All parcels of land which comprise the facility and are used in its nutrient management plan for liquid waste disposal need not be contiguous.

      B.   Intensive poultry facility - 20 acres or the number of acres required by an approved nutrient management plan, whichever is greater. All parcels of land which comprise the facility and are used in its nutrient management plan need not be contiguous. The operator shall provide evidence acceptable to the zoning officer of his legal right of access or proof of ownership of any such noncontiguous parcels associated with the facility or nutrient management plan.

      C.   Existing livestock, dairy, or poultry facilities in existence and in operation on the effective date of this chapter as determined by the zoning officer that do not meet the minimum acreage requirement, shall be considered nonconforming uses and may be continued or expanded as provided in Chapter 27, Part 9.

      A.   Minimum setbacks for new intensive agricultural facilities shall be set back from property lines, structures and other designated areas as follows:

         (1)   From public roadways when the operator owns both sides of the roadway - 200 feet.

         (2)   From all other property lines - 100 feet. Any existing intensive agricultural facility in operation on the effective date of this chapter, as determined by the Zoning Officer, that do not meet the setback requirements of this article shall be considered nonconforming uses and nonconforming structures so long as the existing use of the facility or structures is not interrupted for more than two years.

      A.   The operator of an intensive agricultural facility constructed, expanded, or completed after the effective date of this chapter shall file a land development plan showing the entire parcel or parcels on which the facility is located and also showing the location of the facility within such parcel or parcels in accordance with the Dover Township Subdivision and Land Development Ordinance Chapter 22.

      A.   Intensive agricultural operations prepare a Nutrient Management Plan in accordance with the regulations set forth in Act 38, PA Nutrient Management Act, as amended.

      A.   Intensive agricultural operations prepare a Nutrient Management Plan in accordance with the regulations set forth in Act 38, PA Nutrient Management Act, as amended and approved by the State Conservation Commission.

      B.   Odor management plans must be fully implemented prior to using any new animal housing facility or manure storage facility.

   1.   Minimum lot area shall be two acres.

   2.   Junk shall be setback in accordance with the following yard setback requirements or the setback requirements of the underlying zone whichever is greater:

      A.   Front yard: 60 feet.

      B.   Side yard: 40 feet.

      C.   Rear yard: 40 feet.

   3.   Every junkyard shall be completely enclosed by fencing. The fencing shall be a minimum of six feet and a maximum of eight feet in height. Fencing shall be of wood or wire construction with maximum lineal openings of three inches.

   4.   No material may be stored or stacked so that it is visible from adjoining properties roads.

   5.   The junkyard facility shall meet all requirements as set forth in Chapter 10, Parts 2 and 3.

   6.   All additional Federal and State laws shall be satisfied.

   1.   Minimum lot area: two acres.

   2.   All animal boarding buildings that are not wholly enclosed and outdoor animal pens, stalls, or runways shall be located within the rear yard area and shall be a minimum of 100 feet from all property lines.

   3.   All animals must be housed within a common structure except while exercising.

   4.   All pasture and outdoor recreational areas shall be enclosed to prevent the escape of animals; all such enclosures shall be set back least ten feet from all property lines.

   5.   Satisfactory evidence must be presented to indicate that adequate disposal of animal waste will be provided in a manner that will not create a public health hazard or nuisance.

   6.   Provided no veterinary facilities are located on the property, the Township Sewage Enforcement Officer may and shall certify the adequacy of an on-lot wastewater system to handle the additional volume generated by the kennel in those areas dependent on on-lot wastewater systems. Otherwise a permit shall be obtained from DEP's Bureau of Water Quality Management as required by the Clean Streams Law, 35 P.S. §659.101 et seq.

   1.   Public sewer and water facilities approved by the Pennsylvania Department of Environmental Protection must be used.

   2.   All activities shall be conducted within a completely enclosed building.

   3.   Any exhaust ventilation equipment shall be directed away from adjoining residentially-zoned property.

   4.   Self-service laundromats shall require one off-street parking space for each two washing machines; other laundry-related uses shall provide one off-street parking space for each 400 square feet of gross floor area.

   5.   Dry cleaning establishments must comply with all applicable environmental regulations.

   1.   Access shall be via an arterial or collector road as identified in the Dover Township Comprehensive Plan.

   2.   Buffer yards and screening shall be provided as necessary to adequately protect neighboring properties. A buffer yard at least 50 feet wide must be provided on the site in all instances where the site adjoins a residential use or district. The buffer yard shall be naturally landscaped, have no impervious cover and shall not be used for building, parking, loading or storage purposes. Screening shall be provided for the length of the buffer yard in accordance with § 22-721 of the Subdivision and Land Development Ordinance [Chapter 22].

   1.   This use must demonstrate proper disposal of all waste.

   2.   Parking shall be provided at the rate of one space per employee, plus one space for each patient service area.

   3.   Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m., prevailing local time.

   1.   The dispensary/grower/processor shall meet the same land use requirements as other commercial facilities that are located in the underlying District.

   2.   A growing/processing facility shall meet the requirements of Greenhouses and Nurseries under this Part.

   3.   A growing/processing facility shall be permitted within any active agricultural use and must have been in agricultural use for a period of at least two years prior to the filing of an application, or an existing and approved greenhouse/nursery in operation regardless of zoning district.

   The standards for "tavern" in this Article shall apply.

   The standards for "tavern" in this Article shall apply.

   1.   The applicant for a mining or processing special exception permit shall submit the following information to the Zoning Officer:

      A.   Evidence of compliance with all state and federal laws applicable to the process for which the special exception permit is sought.

      B.   A description of the character, timing, and duration of the proposed operation, including maps and plans showing the area and extent of the proposed activity, the location and design of all structures, depth of the excavation, areas for storage of soil materials areas for the deposit of mining waste, and facilities for processing, loading, and transportation of minerals.

   2.   The location of all structures, land uses, and overlay zoning features which may be affected by the proposed operation and measures which will be taken to protect all structures, land uses, and overlay zoning features from adverse impacts from mining.

   3.   Measures which will be taken to ensure that any loss, diminution, or pollution of water supplies in areas affected by mining will be corrected or replaced.

   4.   Measures which will be taken to ensure that the performance standards contained in all sections of this chapter shall be met.

   5.   Description of plans for the transportation of the mined product, including routes of travel, number and weight of vehicles, and measures which will be taken to preserve all roads within the municipalities which are used to transport minerals shall be provided.

   6.   Plans for the restoration and reclamation of all land affected by the extractive operation to a condition which will support agriculture or other uses which are permitted by right or as special exceptions in the concerned District. If the proposed reclamation is for development, the proposed development should be compatible with the Comprehensive Plan and in conformance with the purposes and regulations of the District in which it is located.

   7.   Sufficient screening and buffering shall be provided as required by this chapter.

   8.   No expansion in area of a mining operation shall be permitted until mining activities have been completed on an equivalent area of land and the land shall have been graded and vegetation established in accordance with the approved plan for reclamation of the site.

   9.   In no case shall a special exception permit extend to an area of land or mode of operation which is larger or in any way different from the scope of permits issued concurrently by state and/or federal permitting authorities for the same existing or proposed mining or processing activity.

   1.   Natural gas compressor stations shall only be permitted to occur on property that is a minimum of five acres or larger. The applicant shall strive to consider locations for its temporary and permanent operations where prudent and possible so as to minimize interference with area residents' enjoyment of their property and future development activities within the municipalities. The applicant must present an expert witness testimony to demonstrate the location of the facility will not unreasonably adversely affect any of the following:

      A.   Lawful existing or authorized uses of adjacent properties.

      B.   Neighboring flood-prone or landslide-prone areas.

      C.   Agriculture or farmland.

   2.   A special exception application for a natural gas compressor station shall be accompanied with written permission from the property owner(s) who has legal or equitable title in and to the surface rights of the property or a court order recognizing the operator's authority to occupy the surface. If the operator owns the property, proof must be provided.

   3.   As part of the special exception application, the applicable municipality and all applicable Emergency Responders shall be provided the name of the person supervising the compressor station and a phone number where such person can be reached 24 hours a day. Also, a list of contact information for all subcontractors associated with the operations of the station must be provided. The list shall include verification that all supervisors/operators and subcontractors at the site are aware and understand this Section.

   4.   All natural gas compressor stations shall be completely enclosed by a building.

      A.   The building shall be constructed in a manner that the architectural character complements the existing character of the area. The building shall employ architectural features, including but not limited to sloped roofs, stone and brick accents, steeples, cupolas, etc.

      B.   The building shall employ soundproof-type walls, and all equipment associated with the compressor station shall be enclosed within the building. All acoustical structures shall be constructed of metal, masonry, or other structurally sound material as approved by the applicable municipal Engineer.

   5.   Access directly to state roads shall require PennDOT HOP approval. Prior to initiating any work at the compressor station, the applicable municipality shall be provided a copy of the HOP. Access roads shall also comply with the following:

      A.   Access roads must be 50 feet from adjacent property lines unless written consent is given by the adjacent property owner.

      B.   The first 50 feet must be paved. Then, 150 feet must be limestone in a manner that reasonably minimizes water, sediments, and/or debris carried onto any public roads.

      C.   If the access road is less than 200 feet, the entire road must be limestone.

   6.   The access driveway off the public road to the compressor station shall be gated at the entrance to prevent illegal access into the site. The site assigned address shall be clearly visible on the access gate for emergency 911 purposes. In addition, the sign shall include the station name and number, name of the operator, and the telephone number for a person responsible who may be contacted in case of emergency.

   7.   The operator must provide a plan for the transmission of gas, water, oil, or other substances to and from the station. The operator shall identify the location of, but not limited to, gathering lines, compressors, and other mid- and downstream facilities located within the applicable municipality and extending 800 feet beyond the municipal boundary. The operator shall provide the applicable municipality with all state and federal permits that have been acquired, and bonding agreements, and proof of ability to operate such pipelines.

   8.   As part of the special exception process, the applicable municipality reserves the right to increase any required setback based on physical characteristics of the site, including but not limited to topography, woodlands, and distance from structures, parks, schools, and residential neighborhoods.

   9.   Compressor stations shall utilize electric motors rather than internal combustion engines. The Board of Supervisors may approve the use of internal combustion engines as part of the special exception approval if deemed to be absolutely necessary, due to the prolonged lack of availability of electrical service. However, any exhaust from any internal combustion engine or compressor used in connection with the station, used by any production equipment, or used in development shall not be discharged into the open air unless it is equipped with an exhaust muffler or an exhaust box. The exhaust muffler or exhaust box shall be constructed of noncombustible materials designed and installed to suppress noise and disruptive vibrations. Moreover, all such equipment with an exhaust muffler or exhaust box shall be maintained in good operating condition according to the manufacturer's specifications.

      A.   Noise. The applicable municipality may require acoustical blankets, sound walls, mufflers, or other alternative methods to ensure compliance depending on the location of a proposed station to adjacent residential properties. As part of the special exception application, and prior to construction, the operator shall establish the residual or background noise level baseline. The baseline shall be established over a 72-hour period with at least one 24-hour reading on a Saturday or Sunday. A noise consultant/engineer mutually agreed upon by the Township and owner/operator will be responsible for determining the residual background noise level baseline. The operator shall be responsible for all costs associated with the noise consultant/engineer.

         (1)   The noise generated during operating activities when measured at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure, shall not exceed the average ambient noise level as determined by the 72-hour evaluation:

            i.   During station or plant activities by more than ten dBa during the hours of 7:00 a.m. to 9:00 p.m.

         (2)   During station or plant activities by more than five dBa during the hours of 9:00 p.m. to 7:00 a.m.

      B.   If the operator engages in any noise testing as required by this Section, it will provide preliminary data to the applicable municipality no later than ten business days following completion of the noise testing. Once the monitoring is complete, the operator will meet with municipal representatives and affected residents to discuss whether possible noise abatement measures are warranted, if the permitted levels set further herein were exceeded. The applicable municipality reserves the right to hire a noise consultant to do its own testing and investigation regarding the noise complaint.

   10.   Drip pans must be placed in any location, under equipment, that has the potential to leak.

   11.   All condensate tanks shall be equipped with vapor recovery and/or vapor destruction units.

   12.   All structures, including but not limited to pumping units, storage tanks, buildings, and structures, shall be painted a neutral color, and shall be compatible with the surrounding uses. Neutral colors shall include sand, gray, green, and unobtrusive shades of brown, or other neutral colors, as approved by the Township.

   13.   Compressor stations shall be inspected by the applicable local Fire Department prior to operation. During the active operation at the compressor station, Municipal staff or consultants designated by the applicable Municipal Manager shall have access to the site to determine continuing compliance with the special exception approval.

   14.   The applicant will reimburse the municipality for all reasonable and direct professional consultant fees incurred related to site inspection, approval process, or for specialized work called for in the permit.

   15.   The applicable municipality reserves the right to impose any other additional conditions necessary to protect the public health, safety, and general welfare of its residents in order to address any unique characteristics of a particular compressor station site which are not otherwise within the jurisdiction of federal and state regulations in accordance with the MPC.

   16.   Indemnification and express negligence provisions. The operator shall fully defend, protect, indemnify, and hold harmless the applicable municipality, its departments, officials, officers, agents, employees, and contractors from and against each and every claim, demand, or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, legal and expert fees, and expenses incurred in defense of the applicable municipality, including, without limitation, personal injuries and death in connection therewith which may be made or asserted by any third parties on account of, arising out of, or in any way incidental to or in connection with the performance by the operator.

   17.   The facility and/or its operation shall comply with all applicable permits and requirements of the DEP, the EPA, and any other governmental authority having jurisdiction over its operations and with all Federal, State, and Local laws, ordinances, and regulations promulgated to protect the environment or otherwise relating to environmental matters. The applicant shall demonstrate that the compressor stations will not violate the citizens of the New Brighton Area's right to clean air and pure water as set forth in Art. 1, Sec. 27, of the Pennsylvania Constitution (the Environmental Rights Amendment). The applicant will have the initial burden to demonstrate that its operations will not affect the health, safety, or welfare of the citizens of the New Brighton Area or any other potentially affected landowner. The application submittal shall include reports from qualified environmental individuals attesting that the proposed location will not negatively impact area residents' environmental rights and will include air modeling and hydrogeological studies as potential pathways that a spill or release of fluid may follow.

   18.   The operator shall be required to provide notice of any spills and/or releases to the Township.

   1.   Natural gas processing plants shall only be permitted to occur on property that is a minimum of five acres or larger. The applicant shall strive to consider locations for its temporary and permanent operations where prudent and possible so as to minimize interference with the municipalities' residents' enjoyment of their property and future development activities. The applicant must present an expert witness testimony to demonstrate the location of the facility will not unreasonably adversely affect any of the following:

      A.   Lawful existing or authorized uses of adjacent properties.

      B.   Neighboring flood-prone or landslide-prone areas.

      C.   Agriculture or farmland.

   2.   A special exception application for a processing plant shall be accompanied with written permission from the property owner(s) who has legal or equitable title in and to the surface rights of the property or a court order recognizing the operator's authority to occupy the surface. If the operator owns the property, proof must be provided.

   3.   Special exception approval is nontransferable without consent from the Board of Supervisors, and shall automatically terminate, unless extended, if substantial construction is not commenced and sustained within one year from the date of issuance of the special exception. The special exception approval may be extended by the Board of Supervisors upon written request by the operator. The operator shall provide proof that the requested special exception permit for such location has not changed.

   4.   As part of the special exception application, the applicable municipality and all applicable Emergency Responders shall be provided the name of the person supervising the compressor station and a phone number where such person can be reached 24 hours a day. Also, a list of contact information for all subcontractors associated with the operations of the station must be provided. The list shall include verification that all supervisors/operators and subcontractors at the site are aware and understand this Section.

   5.   Access directly to state roads shall require PennDOT HOP approval. Prior to initiating any work at the processing plant, the applicable municipality shall be provided a copy of the HOP. Access roads shall also comply with the following:

      A.   Access roads must be 50 feet from adjacent property lines unless written consent is given by the adjacent property owner.

      B.   The first 50 feet must be paved. Then, 150 feet must be limestone in a manner that reasonably minimizes water, sediments, and/or debris carried onto any public roads.

      C.   If the access road is less than 200 feet, the entire road must be limestone.

   6.   The access driveway off the public road to the processing plant shall be gated at the entrance to prevent illegal access into the site. The site assigned address shall be clearly visible on the access gate for emergency 911 purposes. In addition, the sign shall include the plant name and number, name of the operator, and the telephone number for a person responsible who may be contacted in case of emergency.

      A.   The operator must provide a plan for the transmission of gas, water, oil, or other substances to and from the plant. The operator shall identify the location of, but not limited to, gathering lines, compressors, and other mid- and downstream facilities located within the applicable municipality and extending 800 feet beyond the municipal boundary. The operator shall provide the applicable municipality with all State and Federal permits that have been acquired, and bonding agreements, and proof of ability to operate such pipelines.

      B.   As part of the special exception process, the applicable municipality reserves the right to increase any required setback based on physical characteristics of the site, including but not limited to topography, woodlands, and distance from structures, parks, schools, and residential neighborhoods.

      C.   Processing plants shall utilize electric motors rather than internal combustion engines. The Board of Supervisors may approve the use of internal combustion engines as part of the special exception approval if deemed to be absolutely necessary, due to the prolonged lack of availability of electrical service. However, any exhaust from any internal combustion engine or compressor used in connection with the station, used by any production equipment, or used in development shall not be discharged into the open air unless it is equipped with an exhaust muffler or an exhaust box. The exhaust muffler or exhaust box shall be constructed of noncombustible materials designed and installed to suppress noise and disruptive vibrations. Moreover, all such equipment with an exhaust muffler or exhaust box shall be maintained in good operating condition according to the manufacturer's specifications.

      D.   Noise. The municipalities may require acoustical blankets, sound walls, mufflers, or other alternative methods to ensure compliance depending on the location of a proposed plant to adjacent residential properties. As part of the special exception application, and prior to construction, the operator shall establish the residual or background noise level baseline. The baseline shall be established over a 72-hour period with at least one 24-hour reading on a Saturday or Sunday. A noise consultant/engineer mutually agreed upon by the applicable municipality and owner/operator will be responsible for determining the residual background noise level baseline. The operator shall be responsible for all costs associated with the noise consultant/engineer.

         (1)   The noise generated during operating activities when measured at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure, shall not exceed the average ambient noise level as determined by the 72-hour evaluation:

            (a)   During station or plant activities by more than ten dBa during the hours of 7:00 a.m. to 9:00 p.m.

            (b)   During station or plant activities by more than five dBa during the hours of 9:00 p.m. to 7:00 a.m.

         (2)   Sound Test.

            (a)   If a complaint is received by any person using a protected structure for a lawful purpose, within a reasonable vicinity of a compressor station, regarding noise generated by plant operations, the applicable municipality will conduct a sound test to verify that a viable complaint exists. Upon confirmation by the municipality that a possible noise violation exists, the operator shall, within 24 hours of the receipt of the complaint from the municipality, continuously monitor for a 48-hour period at a point which is the closer to the complainant's building of:

               (i)   The complainant's protected structure property line nearest to the well site or equipment generating the noise; or

               (ii)   100 feet from the protected structure, whichever is closer.

            (b)   If the operator engages in any noise testing as required by this Section, it will provide preliminary data to the applicable municipality no later than ten business days following completion of the noise testing. Once the monitoring is complete, the operator will meet with municipal representatives and affected residents to discuss whether possible noise abatement measures are warranted, if the permitted levels set further herein were exceeded. The applicable municipality reserves the right to hire a noise consultant to do its own testing and investigation regarding the noise complaint.

      E.   Drip pans must be placed in any location, under equipment, that has the potential to leak.

      F.   All condensate tanks shall be equipped with vapor recovery and/or vapor destruction units.

      G.   All structures, including but not limited to pumping units, storage tanks, buildings, and structures, shall be painted a neutral color, and shall be compatible with the surrounding uses. Neutral colors shall include sand, gray, green, and unobtrusive shades of brown, or other neutral colors, as approved by the applicable municipality.

      H.   Processing plants shall be inspected by the applicable local Fire Department prior to operation. During the active operation at the plant, municipal staff or consultants designated by the applicable municipality shall have access to the site to determine continuing compliance with the special exception approval.

      I.   The applicant will reimburse the applicable municipality for all reasonable and direct professional consultant fees incurred by the applicable municipality related to site inspection, approval process, or for specialized work called for in the permit.

      J.   The applicable municipality reserves the right to impose any other additional conditions necessary to protect the public health, safety, and general welfare of its residents in order to address any unique characteristics of a particular processing plant site which are not otherwise within the jurisdiction of federal and state regulations in accordance with the MPC.

      K.   Indemnification and express negligence provisions. The operator shall fully defend, protect, indemnify, and hold harmless the applicable municipality, its departments, officials, officers, agents, employees, and contractors from and against each and every claim, demand, or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, legal and expert fees, and expenses incurred in defense of the municipality, including, without limitation, personal injuries and death in connection therewith which may be made or asserted by any third parties on account of, arising out of, or in any way incidental to or in connection with the performance by the operator.

      L.   The facility and/or its operation shall comply with all applicable permits and requirements of the DEP, the EPA, and any other governmental authority having jurisdiction over its operations and with all federal, state, and local laws, ordinances, and regulations promulgated to protect the environment or otherwise relating to environmental matters. The applicant shall demonstrate that the processing plant will not violate the citizens of the municipalities right to clean air and pure water as set forth in Art. 1, Sec. 27, of the Pennsylvania Constitution (the Environmental Rights Amendment). The applicant will have the initial burden to demonstrate that its operations will not affect the health, safety, or welfare of the citizens of the municipalities or any other potentially affected landowner. The application submittal shall include reports from qualified environmental individuals attesting that the proposed location will not negatively impact the area residents' environmental rights and will include air modeling and hydrogeological studies as potential pathways that a spill or release of fluid may follow.

   1.   Parking for the individual storage units shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least 20 feet wide where access to storage units is only on one side of the aisle and at least 24 feet wide where access to storage units is on both sides of the aisle.

   2.   If a manager/business office established on the site, at least four off-street parking spaces must be provided adjacent to the office. If moving vehicles are available on the site for rent, an additional parking space shall be provided for each rental vehicle.

   3.   The servicing or repair of stored equipment shall not be conducted in the storage units or outdoor storage areas. Furthermore, no business activities shall be conducted within the storage units.

   4.   The storage of flammable liquids, highly combustible or explosive materials or hazardous chemicals is prohibited.

   5.   If a parking area provided for the outdoor, storage recreational vehicles, such parking shall be in addition to required off-street parking.

   6.   Illumination shall be in accordance with §27-509.

   7.   Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces.

   1.   A public water supply system and public sewer system approved by the Pennsylvania Department Environmental Protection must be used.

   2.   Each mobile home lot (not including street right-of-way) shall not be less than 7,500 square feet in area and not less than 55 feet wide at the street right-of-way line.

   3.   Minimum setback requirements:

      A.   Front setback: 20 feet.

      B.   Rear setback: ten feet.

      C.   Side setbacks: Each lot shall have side yard areas totaling not less than 30 feet and no one side yard distance less than 12 feet. In no case shall the distance between any two mobile homes be less than 30 feet.

   4.   The Zoning Hearing Board may require suitable screen planting, or may further restrict the proximity of mobile homes or other improvements to adjoining properties, or may attach such other conditions or safeguards to the use of land for a mobile home park as the Board may deem necessary to protect the general welfare.

   5.   A mobile home park or extension thereof shall also comply with all applicable State and/or municipal regulations now in effect or hereinafter enacted, including Part 8 of the Dover Township Subdivision and Land Development Ordinance [Chapter 22].

   The business or commercial activity must satisfy the following requirements:

      A.   The business activity shall be compatible with the residential use of the property and surrounding residential uses.

      B.   The business shall employ no employees other than family members residing in the dwelling.

      C.   There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

      D.   There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

      E.   The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

      F.   The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

      G.   The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

      H.   The business may not involve any illegal activity.

   1.   All outdoor storage of maintenance equipment and bulk storage shall be setback a minimum of 50 feet from any property line and shall be screened from view in accordance with the requirements of the SALDO.

   2.   Buffer yards and screening shall be provided as necessary to adequately protect neighboring properties. A buffer yard at least 50 feet wide must be provided on the site in all instances where the site adjoins a residential use or district. The buffer yard shall be naturally landscaped, have no impervious cover and shall not be used for building, parking, loading or storage purposes. Screening shall be provided for the length of the buffer yard in accordance with § 22-721 of the Subdivision and Land Development Ordinance [Chapter 22].

   3.   Any exterior lighting and/or amplified public address system shall be arranged and designed so as to prevent objectionable impact on neighboring properties. Use of the outdoor public address systems shall only be permitted between the hours of 8:00 a.m. and 11:00 p.m. Exterior lighting other than that essential for the safety of the users of the premises shall be prohibited between the hours of 11:00 p.m. and 6:00 a.m.

      A.   Minimum lot area: five acres.

      B.   Minimum lot width: 300 feet (street side right-of-way). The range area must be a minimum of 400 feet wide plus the width of the shooting range. A minimum of 200 feet is required from any property or street right-of-way line. The area of use must be 900 feet from any neighboring residential or commercial dwelling.

      C.   An earthen background berm must be provided within 20 feet of the farthest target post. Such berms shall have a slope of not less than 45 degrees or a one to one ratio and must extend to 12 feet above the ground level of the highest target and or eight feet above the highest target. The crest of the berm at the 12 foot minimum height limit shall be at least four feet wide as measured between the wall of the berm facing the range and the opposite wall. The berm shall extend eight feet beyond the target on both sides. The berm shall be free of gravel and other hard surface material to provide adequate drainage. Natural earth backstop berms are permitted provided adequate vertical and horizontal requirements listed above are satisfied.

      D.   The earthen side berms must be provided immediately adjacent to the range and shall extend from the firing line to the background berm. The side berms shall meet the same design qualifications as set forth for background berms in subsection C. above.

      E.   Only targets mounted on target cross rails shall be permitted. No targets of any kind shall be set directly on the ground.

      F.   Warning signs noted 'Firing Range, Stay Clear' shall be posted outside the berms where visible from any location while approaching the berms.

      A.   Minimum lot area: eight and one-half acres.

      B.   Minimum lot size: 300 feet (street side right-of-way). The range area must be 400 feet wide plus the width of the shooting range. A minimum of 200 feet is required from any property or street right-of-way line. The area of use must be 900 feet from any neighboring residential or commercial dwelling. The firing range must have 900 feet clear down range of firing line.

      C.   Only launched clay targets shall be used at a trap or skeet range. No targets of any kind shall be set directly on the ground.

      D.   Warning signs noted 'Firing Range, Stay Clear' shall be posted outside the designated area for trap and skeet shooting and must be visible from any location while approaching the trap or skeet range.

      A.   Minimum lot area: Not applicable (N/A).

      B.   Minimum lot size: The lot size will be dependent on the number of targets and the distance the targets are placed from the firing line. All targets must be located with a natural earth background or constructed berm such that the arrow of a missed target cannot land on a neighboring property or occupied areas. Targets set with clear and extended range beyond the target may be set up without a background berm providing that a missed target does not allow the arrow to land on a neighboring property or occupied area.

      C.   Warning signs noted 'Archery Range, Stay Clear' shall be posted outside the designated area for archery shooting and must be visible while approaching the archery range.

   4.   Existing rifle, pistol, trap, skeet and archery ranges prior to 4/6/15 shall be grandfathered and shall not be required to meet this requirement. However, these guidelines are highly recommended and will be required for any new range installation.

   1.   This accessory use is allowed only in the Conservation, Agricultural and Village Districts.

   2.   The use shall only be conducted by the owner of the property.

   3.   All service and/or repair activities shall be conducted within a wholly enclosed building that is detached from the principal building.

   4.   No vehicles, parts, tires or other materials shall be stored outside.

   5.   Any use involving the generation of waste grease and/or oil shall be required to install traps to collect these waste products. Such uses shall also demonstrate a regular and proper means of disposal of such greases and/or oils, as required by applicable State and/or Federal regulations.

   6.   Satisfactory provision shall be made to minimize harmful or unpleasant effects such as noise, odors, fumes, glare, vibration and smoke.

   A.   1.   On any lot or portion thereof on which a PSES is located, two principal uses may be permitted, one principal use being the PSES and the other being a principal use reserved unto the owner of the lot. This Section shall control over any inconsistent regulations in the Dover Township Zoning Ordinance.

      2.   A PSES shall be a use permitted by Special Exception in the A- Agricultural District, C - Commercial District, I - Industrial District, subject to the following criteria.

   C.   Setback Requirements. The following setback requirements shall apply for a PSES:

      1.   Perimeter Fencing - 25 feet from all property or public street/road right-of-way lines. No setbacks shall be required between contiguous parcels that are included within the PSES footprint.

      2.   Panels/equipment - 35 feet from all property lines and 50 feet from all public street/road right-of-way lines. No setbacks are required between contiguous parcels that are included within the PSES footprint.

      3.   In all cases there shall be a minimum distance of 75 feet between adjacent non-participating property lines and any component of the PSES including fences, buildings, panels, and other equipment.

   E.   Maximum Impervious Coverage. The total land area of a PSES may be covered by up to 25% of permanent impervious coverage. This requirement shall be calculated as a percentage of the total acreage within the PSES and not on an individual lot basis.

      1.   Any area under solar panels or other areas, that are maintained in a grassy or vegetative state shall be considered to be pervious surfaces. Grassy and vegetative areas shall be maintained in compliance with current PA Department of Environmental Protection Guidelines relating to solar farms.

      2.   The following components of a PSES shall be considered impervious coverage and calculated as part of the impervious coverage limitations:

         (a)   Foundation systems, typically consisting of driven piles or monopoles or helical screws with or without small concrete collars.

         (b)   All mechanical equipment of PSES including any transformer, substation or structures for batteries or storage cells.

         (c)   Gravel or paved access roads and parking areas servicing the PSES.

      1.   Trees planted for such screening shall be of a species specified by the Township Subdivision and Land Development Ordinance or such other species of tree acceptable to the Township Engineer provided that such trees species shall achieve an opaque screen from required viewpoints within five years of planting.

      2.   Except as otherwise provided herein, all screening shall be designed and placed in accordance with the Township Subdivision and Land Development Ordinance and shall be included in accordance with the required land development plan.

      3.   Where a PSES abuts a public road, Type 3 screening will be required.

      4.   Screening that abuts a residential use shall be completed prior to any structures being built.

      1.   Maintenance access. Maintenance access shall be required. A 20-foot- wide area between the fence and all solar panels shall be passable and maintained in an unobstructed condition so as to permit vehicular travel along the interior perimeter of the fence.

   I.   Design and Construction.

      (1)   The PSES owner shall comply with the Township subdivision and land development requirements. The installation of PSES shall be in compliance with all applicable permit requirements, codes, and regulations.

      (2)   Standards. The PSES layout, design and installation shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electrical Testing Laboratory (ETL), Florida Solar Energy Center (FSEC) or other similar certifying organizations, and shall comply with the PA Uniform Construction Code as enforced by the Township and with all other applicable Township Ordinances.

         (a)   PSES installers must certify they are listed as a certified installer on the PA Department of Environmental Protection's (DEP) approved solar installer list or that they meet the criteria to be a DEP approved installer by meeting or exceeding one of the following requirements:

            i.)   Is certified by the North American Board of Certified Energy Practitioners (NABCEP).

            ii.)   Has completed an Interstate Renewable Energy Council (IREC) Institute for Sustainable Power Quality (ISPQ) accredited PV training program or a PV manufacturer's training program and successfully installed a minimum of three PV systems.

         (b)   Glint and Glare - A PSES shall comply with applicable FAA requirements. Solar panels are required to utilize anti-reflective glare coatings and, to the extent possible, should be oriented to avoid potential glare on adjacent properties and roadways.

         (c)   A PSES shall comply with the Township's noise regulations in the Code of Ordinances

         (d)   The PSES owner shall be required to conduct base-line soil testing and additional testing at certain intervals (every five to ten years until removal of the panels) to assure no soil contamination. The PSES shall timely forward a copy of these soil testing reports containing the results to the Township engineer.

      3.   As a condition precedent to the issuance of a certificate of occupancy for the PSES, the owner of a PSES shall provide the Township with a written acknowledgment from the public utility company or the Regional Transmission Operator (RTO) to which the PSES will be connected that they have been informed of the customer's intent to install a grid connected PSES to their facilities.

      4.   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 they comply with the prevailing sign regulations.

      5.   Prohibited Locations. A PSES shall not be placed within any storm water conveyance system or facility, in any location that would alter or impede storm water runoff from collecting in a constructed storm water conveyance system, provided that collection lines may be placed over or under these features with acceptable vertical clearances or any land subject to an Agricultural Preservation Easement or within an Agricultural Security Area (ASA).

         A.   The PSES development area is equal to the total acres of land subject to lease by the PSES developer.

         B.   Solar Related Equipment Locations.

         C.   Solar Related Equipment may:

            (1)   Not be located on prime (Class I, II and III) agricultural soils;

            (2)   Only be located on 10% of the PSES development area containing prime soils; or

            (3)   Be limited to 10% of the development area containing prime soils, unless the area will be devoted to agrivoltaic activities, in which case 5% of the prime soils may be included in the development area. Agrivoltaic is the co-development of the same area of land for both solar photovoltaic power and Normal Farming Operations, as defined by P.L. 454, No. 133 (1982).

         D.   For each parcel on which a PSES, or a component of a PSES, is proposed, a map shall be provided by the Applicant detailing the PSES development area, the constrained area of the Class I, II, and III agricultural soils, and the portion of the PSES development that may be devoted to Solar Related Equipment.

         E.   Solar Related Equipment shall only be placed within that portion of any lot that has a defined PSES development area.

         F.   Solar Related Equipment shall not be located in:

            (1)   Floodways, as identified in the FEMA FIRM mapping.

            (2)   Regulated natural and man-made drainage corridors, extending 25 feet from the centerline of any such drainage feature, unless the Board of Supervisors at time of plan approval determines a lesser setback would create less impacts to the overall project.

            (3)   Wetlands.

            (4)   Riparian buffers extending 25 feet from any wetland or body of water, unless the Board of Supervisors at the time of plan approval determines a lesser setback would create less impacts to the overall project.

            (5)   Slopes in excess of 15%, unless the Board of Supervisors at the time of plan approval determines location in an area in excess of 15% would create less impacts to the overall project.

            (6)   Legal easements and rights-of-way.

            (7)   Setback areas.

            (8)   Woodland areas.

         G.   An applicant shall locate a Solar Energy System so that tree removal is not required to the extent practical. If the removal of trees is necessary in order to install a PSES, then an applicant shall present a plan demonstrating the necessity to remove trees and how they will be replaced.

         H.   Fencing/Security/Emergency Management.

            (1)   All PSES shall be completely enclosed by a minimum eight-foot-high fence and gates shall have locks. Fencing shall be of an agricultural type such as welded wire or post and rail fencing.

            (2)   Clearly visible warning signs shall be placed at the base of all pad-mounted transformers and substations and on the fence surrounding the PSES informing individuals of potential voltage hazards/danger.

            (3)   An Emergency Management Plan, consistent with standard operating practices of the industry shall be developed by the PSES owner/ operator and furnished to the Township, the local fire company and the York County Office of Emergency Management prior to the issuance of a building permit.

         I.   Lighting. Lighting shall not be permitted except to the extent required for security or by applicable federal, state, or local authority. Any lighting shall be directed downward so as to minimize negative impacts to adjacent uses.

         J.   Complaints/Contact Information. The PSES owner and/or operator shall maintain a phone number for the public to contact with inquiries and complaints throughout the life of the project and provide this contact information to the Township. The PSES owner and/or operator may update this contact information from time to time by providing revised contact information to the Township Zoning Officer. The PSES owner and/or operator shall respond to the public's inquiries and complaints within 48 hours of notice of the same.

         K.   Decommissioning/Removal.

            (1)   The PSES owner is required to notify the Township immediately upon cessation or abandonment of the operation of the PSES. After the initial commencement of commercial generation of electricity or power, the PSES shall be presumed to be discontinued or abandoned if no electricity or power is generated by such system for a period of six continuous months. However, if the PSES owner notifies the Township of a written plan to bring the PSES back into operation, the Township may toll this six-month period and shall notify the PSES owner of its decision within 45 business days of receipt of the PSES owner's notice.

            (2)   Prior to issuance of a building permit for the PSES, the owner shall provide financial security, in the form and amount of a bond, irrevocable letter of credit, or other financial security acceptable to the Township, to secure the expense of decommissioning, dismantling and removing said PSES and restoration of the land to its original condition, in the amount of 110% of the estimated decommissioning cost minus the salvageable value of the solar-related equipment, fencing, buildings, etc. Every five years, a new engineer's estimate of probable cost of decommissioning shall be submitted for approval in the same manner as the initial submission and the bond, letter of credit, or other financial security acceptable to the Township. This financial security shall be adjusted upward or downward as necessary. The owner of the PSES shall pay for all fees associated with the review and approval of each such decommissioning cost estimated by the Township Engineer.

            (3)   Removal of PSES facilities in decommissioning shall be completed in its entirety prior to the release of any financial security.

               (a)   Materials that cannot be re-sold or salvaged shall be disposed of at a facility authorized to dispose of such materials by federal or state law.

               (b)   Any necessary permits, such as Erosion and Sedimentation and NPDES permits, shall be obtained prior to decommissioning activities.

               (c)   Once the PSES is removed, any earth disturbance resulting from the removal shall be graded and seeded in order to re-establish a natural groundcover.

               (d)   The PSES owner shall have 12 months from the cessation or abandonment of the operation of the PSES in which to dismantle and remove the PSES, including all solar-related equipment or appurtenances related thereto, including but not limited to buildings, aboveground cabling, electrical, components, roads (unless the landowner requests in writing that the access roads are to remain), foundations and other associated facilities from the property. If the owner fails to dismantle and/or remove the PSES within the established timeframes, the Township may complete the decommissioning at the owner's expense, subject to any recovery under the financial security provided in accordance with (b) above. The Township may authorize one 12-month extension of such time for just cause shown by the PSES owner.

   1.   Consideration shall be given to traffic problems. If the nature of the public building or facility is such that it will generate a high volume of vehicular traffic then access should be via an arterial or collector street as designated in the Township's Thoroughfare Classification Plan.

   2.   Outdoor storage of materials and vehicles and related apparatus shall be completely enclosed with a six-foot high fence and screened from adjoining streets and properties.

   3.   Screening or fencing may be required where determined appropriate to form an effective visual barrier between the use and adjoining properties.

   1.   Front, side, and rear yard setbacks and lot coverage shall be provided in accordance with the regulations of the district in which the building is located. The lot area requirement shall be exempted.

   2.   Maximum height of buildings shall be as required by the district regulations.

   3.   The external design of the building shall, to the extent possible be in conformity with the buildings in the surrounding area.

   4.   Unhoused equipment shall be enclosed by a fence or wall not less than six feet in height, which shall be so constructed as not to have openings, holes or gaps larger than six inches in any direction and shall be limited to those items normally used by the utility. The required fence for unhoused equipment shall be surrounded by an evergreen screen planting when located adjacent to existing residential uses or in a residential district.

   5.   When the equipment totally enclosed within a building, no fence or screen planting shall be required and the yard shall be maintained in conformity with the district in which the facility is located.

   6.   In residential districts, the permitted public facilities shall not include the storage of vehicles or equipment used in the maintenance of any utility and no equipment causing unreasonable noise, vibration, smoke, odor, or hazardous effect shall be installed.

   7.   A stormwater management plan shall be required.

   1.   In making determinations concerning special exceptions for quarrying operations, the Zoning Hearing Board must make findings as to the specific following factors:

         (1)   Prior to granting approval of the special exception, the applicant shall submit for review by the Planning Commission and approval of the Zoning Hearing Board a development or mining plan, operational requirements, and restoration/reclamation requirements.

         (2)   Prior to granting approval of the special exception, the applicant shall submit for review by the Planning Commission and the Zoning Hearing Board, a copy of all applications, plans, maps, and related information filed with any regulatory agency or body having jurisdiction and all permits issued with respect thereto.

         (1)   Location of quarrying pit, buildings, stockpiles, waste piles in relation to other existing or planned uses in the area.

         (2)   Physical Factors.

            (a)   Soil, nature and characteristics, including possible erosion by water and wind.

            (b)   Drainage.

            (c)   Prevailing wind.

         (3)   Abutting land and streets, lateral support slopes and grades.

         (4)   A rehabilitation plan shall be filed with the Zoning Hearing Board stating the guarantee implementation plan for the best possible reuse.

            (a)   Flying objects and debris are not thrown.

            (b)   Noxious gases are not disseminated.

            (c)   There is no appreciable noise, vibration, dust, or mist.

            (a)   Fencing. A six-foot substantial fence or other suitable barrier six feet high must surround the area of actual quarrying, unless such requirement is waived by the special exception issued by the Zoning Hearing Board. If guarded at all times, the entrance of the pit where adjacent to the quarry office, may be left unfenced.

            (b)   Screens. Where the quarry operations will substantially impair the beauty and character of the surrounding countryside, trees or shrubs must be planted, or attractive earth barriers erected, to screen the operation as far as practical from normal view.

         (3)   Washing. The washing of any earth material is permitted except:

            (a)   Where the quantity of water required will seriously affect the supply for residential uses in the area.

            (b)   Where the written opinion of the Pennsylvania Department of Environmental Protection, disposal of water will result in contamination, pollution, or excessive silting.

            (a)   No stockpiles, waste piles, processing or manufacturing equipment, may be closer than 1,000 feet to the residential zone.

            (b)   No part of the quarrying pit, private access road, truck parking area, scales, or operational equipment, may be closer than 500 feet to the residential zone.

         (6)   Property Line Setbacks. From a property line, except for those following:

            (a)   No part of the quarrying pit stockpiles, waste piles, processing or manufacturing equipment, may be closer than 200 feet.

            (b)   No private access road, truck parking area, scales, or operational equipment, may be closer than 100 feet.

            (c)   Where a quarry property abuts another quarry property, an operating railroad's right-of-way property or a property in an agricultural zone, no part of the quarrying operation except an access road may be closer than 50 feet.

         (1)   Restoration Required. Within two years after the termination of quarrying operations, the area of actual quarrying operations must be rehabilitated to a condition of reasonable physical attractiveness and, as practical, restored.

         (2)   Restoration Standards. In rehabilitating the area of actual quarrying operations, the owner or operator must comply with the following standards:

            (a)   Slope. The slope of earth material in any excavated pit must not exceed the angle of slippage.

            (b)   Topsoil and Ground Cover. Where filling of the pit is desirable and economically feasible, the fill must be of a kind and depth to sustain grass, plants or trees and such must be planted.

            (c)   Drainage. To prevent any silt, erosion debris, or other loose material from filling any existing drainage course, or encroachment on State or Township roads or private property, all surface drainage existing or developing by or through the topsoil site must be controlled by dikes, barriers, or drainage structures. All measures to control natural drainage or flood water must meet with the approval of the Board of Supervisors.

            (d)   Removal of Plant and Equipment. Within two years after termination of operations, all plant and equipment must be removed, except where the plant and equipment is still used for processing earth material from other properties. If substantially covered, foundations and piers maybe left in the ground.

         (3)   Reporting of Operational and Restoration Information. In order to keep the Zoning Officer abreast of impending termination of quarrying operations and plans for restoration as well as operational activities which he/she has a duty to check, each quarry owner or operator must submit to the Zoning Officer, annually in the month of October, the information following:

            (a)   Operational Data.

               i.)   Ownership and acreage of the land which is the site of quarrying operations, including all land held under contract or lease.

               ii.)   Type of earth resources quarried.

               iii.)   Present depth of quarrying operations.

            (b)   Location map, at a scale of one inch equals 100 feet, or such other scale acceptable to the Township, showing:

               i.)   All land owned or under option, contract or lease.

               ii.)   Lot or land quarried.

               iii.)   As practical, contours at 20-foot intervals extending beyond the site to the nearest public street or highway.

               iv.)   Private access roads and abutting streets and highways.

               v.)   Existing structures.

               vi.)   Existing stockpiles and waste piles.

               vii.)   Title, scale, north point, and date.

               viii.)   Fencing and screen planting. If fencing vegetation, give details of size and type.

   1.   The perimeter of the property shall be enclosed with a fence or wall no higher than eight feet and no lower than six feet in height. Barbed-wire fences are prohibited.

   2.   Requirements for indoor and outdoor storage are listed in the table below:

 

      A.   Batteries and other items considered hazardous waste shall not be kept on site.

      B.   Recycled oil shall be kept in an enclosed container at all times.

      C.   Any item that would create a hazardous run-off shall be kept under a roof or covered at all times.

      D.   Items such as newspaper, office paper, plastic, and drinking containers shall be secured so that they are not affected by the wind.

   3.   No pile of recyclables shall exceed 20 feet in height.

   1.   All uses shall have vehicular access to an arterial or collector road as identified in the Dover Township Comprehensive Plan.

   2.   Minimum lot size shall be two acres.

   3.   All structures shall be located at least 150 feet from all property lines, unless setback further by standards the underlying zoning.

   4.   Maximum lot coverage shall be 60%.

   5.   A minimum buffer strip shall be provided along all property lines in accordance with Section 409.

   6.   All outside storage of raw material shall be completely enclosed by an eight-foot-high fence and screened from adjoining properties and roads. No outdoor storage is permitted within the required buffer strip.

   7.   All storage facilities, conveying apparatuses, drying or wetting chambers and axial ventilation fans shall be set back a minimum of 150 feet from all property lines.

   8.   Operational Requirements.

      A.   Machinery, Equipment and Operations. All machinery, equipment and materials used in refining; all processing and manufacturing operations; and all hauling of refined products must be maintained, operated, or conducted in such a manner that:

         (1)   Flying objects and debris are not thrown.

         (2)   Noxious gases are not disseminated.

         (3)   There is no appreciable noise, vibration, dust, or mist.

   1.   Access shall be via an arterial or collector road as identified in the Dover Township Comprehensive Plan.

   2.   Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces.

   3.   Satisfactory provision shall be made to minimize harmful or unpleasant effects (noise, odors, fumes, glare, vibration and smoke).

   4.   The use must comply with all applicable Federal, State, and local regulations.

   1.   Conversion may occur to single-family detached dwellings only.

   2.   No conversion shall result in a dwelling unit which has less than the minimum habitable floor area required by this Chapter.

   3.   Each unit shall provide required parking spaces in accordance with Part 7 of this Chapter.

   4.   All bulk and area requirements for the underlying district shall apply to the lot.

   1.   Exterior trash receptacles shall be provided and routinely emptied to prevent the scattering of litter. A description of a working plan for the control of litter shall be provided. The trash receptacle shall be adequately screened in accordance with § 22-721 of the Dover Township Subdivision and Land Development Ordinance [Chapter 22].

   2.   All exterior seating/play areas shall be suitably enclosed. Stacking lanes shall be provided to allow a minimum of four vehicles on site and out of the cartway.

   3.   Any associated Drive-Through windows and/or lane(s) must meet the standards outlined in § 27-627.

   Retail sales and service establishments exceeding 100,000 square feet in gross floor area, standards in § 27-513 Campus-Style Development shall apply.

   1.   Minimum lot size: ten acres. In the agriculture district this use shall equal five residential lots.

   2.   All animals, except while exercising or pasturing, shall be confined to a building erected for that purpose.

   3.   All stalls shall be maintained so as to minimize odors.

   4.   All outdoor training or show facilities or areas shall be set back at least 50 feet from all property lines.

   5.   All outdoor training, show, riding, boarding or pasture areas shall be enclosed by a minimum four-foot high fence which may be located up to, but not on, the property line.

   6.   Adequate off-street parking shall be provided as determined by a review of the number of stalls and activities proposed. All parking areas shall be set back at least ten feet from any property line.

   7.   All animal wastes shall be properly stored and disposed of in a manner that will not create a public health hazard or nuisance. No animal wastes shall be stored within the required setback areas.

   1.   Shall be owned and operated by the owners of the property and operated as an accessory use to the principal use.

   2.   Only agricultural products grown or prepared on-site or locally shall be sold.

   3.   Display structures shall be less than 250 square feet in size and be located at least 50 feet from any side or rear property line; as required by the underlying zone, whichever is greater.

   4.   The structure shall be set back at least 50 feet from the street right-of-way.

   5.   Off-street parking shall be provided for all employees and customers.

   6.   Signs shall be attached to the structure and shall not exceed four square feet in area.

   7.   Stand shall be temporary in nature and shall be removed in the off-season.

   1.   Each sleeping room shall be limited to one bed.

   2.   Maximum of four occupant rooms in addition to the owner's sleeping quarters.

   3.   Shall be owner-occupied.

   4.   Off-street parking requirement equals one space per resident.

   5.   Verification of adequate sewer facilities.

   1.   Minimum Setbacks from Street Right-of-Way Lines.

      A.   Pumps: 15 feet.

      B.   Building: 40 feet

   2.   Access Drives.

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

      B.   Side lot line offset: ten feet.

      C.   Minimum width: 12 feet.

      D.   Maximum width: 35 feet.

      E.   Minimum separation of drives on same lot: 25 feet.

   3.   Except along access drives, a concrete curb eight inches in height must be placed along all street right-of-way lines.

   4.   Illumination shall be in accordance with §27-509 of this Chapter.

   5.   No outdoor stockpiling of tires or outdoor storage of trash permitted. An area enclosed by a wall or fence, screened from view of adjoining properties, shall be provided whenever outdoor storage is required. No materials may be stored so as to create a fire hazard. Storage of materials shall conform to all applicable State and Federal regulations.

   6.   At least 10% of the lot on which the service station situated must be devoted to landscaping.

   1.   Religious sectarian and nonsectarian, denominational private or public school or college, which is not conducted as a private gainful business, provided that the following requirements are met:

      A.   Minimum Lot Size and Lot Width Requirements.

 

 

      B.   All outdoor play areas shall be sufficiently screened and insulated so as to protect the neighborhood from inappropriate noise and other disturbances.

   2.   A college/university shall have a maximum of one vehicular access point to an arterial or collector street per 1,000 feet of street frontage.

   3.   Loading areas shall not be visible from the primary entrance to the development or from neighboring residential properties.

   4.   A traffic impact study is required and shall be reviewed and approved by the municipal engineer.

   5.   The site shall be serviced by public water and public sewer systems.

   6.   The owner and operator of any private school or college/university shall be responsible for the conduct and safety of the students, employees, visitors, faculty, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by students, employees, visitors, faculty, and guests.

   1.   Minimum lot area: two acres.

   2.   Minimum lot width: 200 feet.

   3.   Access must be via an arterial or collector road as identified the Dover Township Comprehensive Plan.

   4.   All buildings must be set back at least 50 feet from any property line and 100 feet from a street right-of-way line.

   5.   A buffer yard at least 50 feet wide must be provided on the site in all instances where the site adjoins a residential zone. The buffer yard shall be naturally landscaped, have no impervious cover and shall not be used for building, parking, loading or storage purposes. Screening shall be provided for the length of the buffer yard in accordance with § 22-721 of the Subdivision and Land Development Ordinance [Chapter 22].

   6.   Sign requirements shall be provided in accordance with Part 8.

   1.   Venue shall be owned and operated by the owners of the property and operated as an accessory use to the principal use.

   2.   Event structures shall be least 50 feet from any side or rear property line; as required by the underlying zone, whichever is greater.

   3.   Event structures shall be set back at least 50 feet from the street right-of-way.

   4.   Off-street parking shall be provided for all employees, vendors and attendees based on the maximum amount of employees, vendors and guest anticipated to participate in the event.

   5.   Any exterior lighting and/or amplified public address system shall be arranged and designed so as to prevent objectionable impact on neighboring properties. Use of the outdoor public address systems shall only be permitted between the hours of 8:00 a.m. and 11:00 p.m. Exterior lighting other than that essential for the safety of the users of the premises shall be prohibited between the hours of 11:00 p.m. and 6:00 a.m.

   6.   Tenting or canopies for events shall be temporary in nature and shall be removed in the off-season.

   7.   The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, light, noise or litter.

   8.   The applicant shall furnish evidence of adequate provisions for water and sewage disposal during the event.

   9.   A Special Event Venue shall be permitted within any active agricultural use and must have been in agricultural use for a period of at least two years prior to the filing of an application, regardless of zoning district.

   1.   The facility shall be licensed in accordance with the requirements of the Commonwealth and any other applicable permitting and regulatory agencies.

   2.   Setbacks:

      A.   The building entry shall not be located closer than 100 feet from a property line of a residential use, nor 150 feet from a property line of an existing house of worship, school, care facility, public building, library, park or playground.

      B.   Outdoor seating area(s) shall not be located closer than 100 feet from any property line of a residential use within a residential zone.

      C.   Outdoor seating area(s) shall not be located closer than 50 feet from any property line of a residential use in a non-residential zone. Vegetative screening and a noise barrier, such as a privacy fence, shall be provided.

      D.   No outdoor entertainment or music is permitted within 150 feet of a property line of a residential use.

      E.   Outdoor seating areas along arterial roads may be located within the front setback area provided they are not closer than 35 feet from the street right of way. Protective barriers shall be installed for any seating area located in front of a building.

      F.   Buffer yards and screens shall be designed in accordance with the Dover Township Subdivision and Land Development Ordinance.

   3.   No new customers shall be seated at an outdoor seating area after 10:00 p.m.

   1.   Access shall be via an urban major arterial or collector road as identified in the Dover Township Comprehensive Plan.

   2.   A buffer yard at least 100 feet wide must be located on the terminal site where the site adjoins a residential district. The buffer yard shall be naturally landscaped, have no impervious cover and shall not be used for parking, building, loading, or storage purposes. A screen shall be provided the length of the buffer yard adjacent to an existing residential use or district in accordance with § 22-721 of the Dover Township Subdivision and Land Development Ordinance. [Chapter 22].

   3.   Storage of materials shall conform to all applicable State and Federal regulations.

   4.   Satisfactory provision shall be made to minimize harmful or unpleasant effects such as noise, odors, smoke, fumes, glare and vibration.

   5.   Illumination shall be in accordance with § 27-509 of this Chapter.

   6.   Accessory maintenance facilities shall follow the requirements of Vehicle Sales, Service, Repair and/or Body Shop.

   1.   Minimum lot area for vehicle sales shall be one and one-half acres.

   2.   Access shall be via an urban arterial or collector road as identified in the Dover Township Comprehensive Plan.

   3.   Service and/or repair activities shall be conducted within a wholly-enclosed building.

   4.   All exterior vehicle storage areas shall be screened from view on all sides.

   5.   A maximum of five unlicensed vehicles on the premises which are used for parts and not for sale are permitted. All vehicles shall be screened in accordance with the Dover Township Subdivision and Land Development Ordinance [Chapter 22].

   6.   All merchandise, except vending machines shall be stored within a building.

   7.   If gasoline pumps are to be installed, all special exception requirements for a service station shall be satisfied.

   8.   Any use involving the generation of waste grease and/or oil shall be required to install traps to collect these waste products. Such uses shall also demonstrate a regular and proper means of disposal of such greases and/or oils, as required by applicable State and/or Federal regulations.

   9.   No outdoor stockpiling of tires or outdoor storage of trash permitted. An area enclosed by a wall or fence, screened from view of adjoining properties, shall be provided whenever outdoor storage is required. No materials may be stored so as to create a fire hazard.

   10.   Satisfactory provision shall be made to minimize harmful or unpleasant effects such as noise, odors, fumes, glare, vibration and smoke.

   11.   The Dover Township Fire Chief shall review and approve the application in accordance with the State fire codes.

   12.   Illumination shall be in accordance with § 27-509 of this Chapter.

   13.   One hundred percent of the area utilized for the display or parking of vehicles must be paved or improved with impervious cover as defined in Dover Township's Subdivision and Land Development Ordinance [Chapter 22].

   1.   Access shall be via an arterial or collector road as identified in the Dover Township Comprehensive Plan.

   2.   Buffer yards and screening shall be provided as necessary to adequately protect neighboring properties. A buffer yard at least 50 feet wide must be provided on the site in all instances where the site adjoins a residential use or district. The buffer yard shall be naturally landscaped, have no impervious cover and shall not be used for building, parking, loading or storage purposes. Screening shall be provided for the length of the buffer yard in accordance with §22-721 of the Subdivision and Land Development Ordinance [Chapter 22].

   2.   Maximum System Height: There is no limitation on system height, except as imposed by FAA regulations and the required setbacks set forth in this Chapter 27.

   3.   Building Mounted Systems: Wind turbines mounted on buildings are still required to follow the industry standard that the entire wind turbine should be 30 feet above all obstructions within a 500-foot radius of the turbine, including the structure to which it is mounted, and the surrounding tree height.

   4.   Setback: no part of the wind system structure, including guy wire anchors or any other appurtenance may extend closer than ten feet to any property boundary line. No setback requirement shall exceed the total system height as measured to the center of the base of the tower.

   5.   Access: To prevent unauthorized climbing, climbing pegs shall be removed from the lower ten feet of the tower, or ladder access shall be restricted.

   6.   Signage: A "Danger, High Voltage" sign shall be installed where it is clearly visible by persons standing near the tower base.

   7.   Sound: During normal operation, small wind energy systems shall not exceed five dBA over ambient sound as measured at the closest neighboring inhabited dwelling that exists or is permitted for construction at the time of permit application for the wind energy system.

   8.   Compliance with Building Codes: Permit applications for wind energy systems shall comply with all applicable state and local building codes.

   9.   Tower and foundation drawings provided by the manufacturer or the project developer shall be submitted with the application.

   10.   Applications for roof-mounted (or other non-traditionally mounted) turbines must include a wet stamped structural engineering analysis for the turbine mounting system and for the suitability of the building to which the turbine is to be mounted.

   12.   Decommissioning: A small wind system that has reached the end of its useful life shall be removed within six months of such determination. A wind system is considered to have reached the end of its useful life when it has been inoperable for 12 consecutive months. Time extensions are allowed when good faith efforts to repair the turbine can be demonstrated. Foundations need not be removed.

(Ord. 2024-01, 5/13/2024)

   The standards for "Tavern" in this Article shall apply.