Exeter Township, PA Zoning Ordinance

§ 390-27 Access to structure.

Every building and structure hereafter erected or moved shall be on a lot adjacent to a public street or a private street approved by the Township Supervisors, or on a lot for which a legally recorded right of access to a public street or approved private street exists. After the effective date of this chapter, no lot shall be created unless it abuts a public street or a private street approved by the Township Supervisors. Flag lots shall not be permitted.

§ 390-28 Erection of more than one principal structure on a lot.

Not more than one structure housing a permitted or permissible principal use may be erected on a single lot unless a development plan is submitted to and approved by the Board of Supervisors, after review by the appropriate Planning Commission, as provided in the PA Municipal Planning Code.[1]

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

§ 390-29 Residential accessory buildings, structures and uses.

The following shall apply to residential accessory buildings, structures and uses:

General.

(1)

Except as noted elsewhere in this chapter, no accessory building or structure shall be permitted within any required front or side yard or within 10 feet of the rear lot line. The minimum distance between an accessory building or structure within a rear yard and a side lot line shall be the side yard requirement of the applicable zoning district or 10 feet, whichever is less.

(2)

The maximum height of any accessory building or structure shall be 20 feet.

(3)

The minimum distance between any accessory buildings or structures shall be five feet. The minimum distance between any accessory building or structure and a principal building shall be five feet.

(4)

No permanent accessory building or structure, except for storage sheds conforming to subsection B(10) shall be constructed on any lot prior to the commencement of construction of the principal building to which it is accessory. Exception: residential accessory structure on adjoining lot with contiguous road frontage and deeded to same property owner.

Use regulations.

(1)

Swimming pool. Swimming pools shall be entirely enclosed with a permanent barrier or fence not less than four feet in height, such fence having no opening with a dimension greater than four inches on a side (or in diameter in the case of round openings). Walls of buildings may serve as part of the fence or barrier. Where such pools are of the type having aboveground construction, that portion of the pool wall extending above the ground may be included as part of the barrier or fence. Fences shall have a gate which shall be securely locked when not in use. Aboveground pools shall have a ladder or stairway, which can be removed or rendered unusable, and the entrance to the pool shall be capable of being securely closed to a height of four feet. When draining or backwashing swimming pools, water shall not be drained onto other properties without the owners' consent. Hot tubs/spas and inflatable pools, in lieu of four-foot fence, must have covers that secure to prevent access when not in use.

(2)

Detached garages. The maximum length of any side of a garage serving a dwelling shall be 40 feet. No such garage shall be located within 10 feet of a dwelling. No temporary structures shall be permitted.

(3)

Apartment and townhouse accessory uses shall be restricted to uses designed solely for residents of the apartment and townhouse units. One office per project for the purposes of administering and renting dwelling units may be established. One sample apartment or townhouse for display purposes shall be permitted for each type of dwelling unit to be constructed.

(4)

Tennis/basketball courts shall have permanent fences at least 10 feet in height behind each baseline, extending at least 10 feet beyond the playing area in each direction.

(5)

Patios and terraces shall not be located closer than 10 feet to any lot line, except a lot line that is an extension of a common wall, and shall not project into any required front yard.

(6)

Animal shelters shall not be located within 10 feet of the rear or side lot lines and shall not be located in any front yard. The keeping of domestic farm animals other than horses shall be considered an agricultural use. The keeping of horses shall be permitted, provided the minimum lot size is two acres and the requirements of § 390-32A and B are met.

(7)

No agricultural uses shall be permitted except individual gardens for home consumption; such gardens shall not be located within front yards.

(8)

Earth station satellite receiving dishes. All freestanding earth station satellite receiving dishes, mounted at ground level, shall be considered accessory structures, and the same shall be subject to the provisions of Subsection A.

(9)

Sporting equipment, such as, but not limited, to basketball nets and poles/skateboard ramps/street hockey nets shall not be located within a street right-of-way at any time, or located such that their use would be from the street (cartway).

(10)

Storage sheds. Storage sheds up to 100 square feet and without foundations shall be located no closer than two feet from any rear or side yard line. Storage sheds up to 100 square feet and with foundations shall be located no closer than five feet from any rear or side yard line. Storage sheds over 100 square feet shall conform to Subsection A(1). Storage sheds are not permitted in any front yard.

§ 390-30 Nonresidential accessory buildings, structures and uses.

The following shall apply to nonresidential accessory buildings, structures and uses:

General.

(1)

No building or structure shall be located within any required yard setback.

(2)

The minimum distance between any accessory buildings or structures shall be five feet. The minimum distance between any accessory building or structure and a principal building shall be five feet.

Use regulations.

(1)

Storage facilities. All such facilities shall be located in areas which have direct access to a street or driveway. The outdoor storage of materials shall be screened from view from adjoining properties and streets, and no such area shall be located within 50 feet of any street line.

(2)

Living quarters. Living quarters shall be permitted only for proprietors, watchmen, caretakers or similar employees, unless otherwise provided in this chapter.

(3)

Garages and maintenance buildings shall not be located within any required yard.

(4)

Cafeterias shall be operated during business hours and conducted within a building.

(5)

Recreational facilities shall be contained within a building or within a landscaped area at least 50 feet from all lot lines.

§ 390-31 Landscaping/screening.

Where district regulations require buffer yards, screening, planting strips and the like, these shall be subject to approval of the Planning Commission prior to planting. The type and density of planting shall adequately provide the screening effect required year round.

Plant materials used in screen planting shall be least five feet in height when planted and should reach the required height and density within three years.

The screen planting shall be maintained permanently and plant material which does not live shall be replaced within one year.

For nonresidential and nonagricultural uses, any part of a site which is not used for building or paved area shall be planted with an all-season ground cover and shall be landscaped according to an overall plan in keeping with the natural surroundings. The overall landscaping plan shall be subject to approval by the Township in accordance with the provisions of the Exeter Township Subdivision and Land Development Ordinance.[1]

[1]

Editor's Note: See Ch. 330, Subdivision and Land Development.

Landscaped buffers and screens. Suitable vegetation, earth berms, fences, and/or walls shall be installed along streets and between lots, zoning districts, and differing land uses to reduce negative impacts and enhance the natural and aesthetic character of the community. (Also see § 390-34)

All landscaped areas shall be designed in accordance with PA best management practices. Landscaped areas shall be planted with native vegetation, subject to approval of the Board of Supervisors, or its designated representative(s) and/or committee(s).

§ 390-32 Agricultural use regulations.

[Amended 9-11-2023 by Ord. No. 854]

General agricultural standards.

(1)

Agricultural uses shall be conducted on a farm which shall be a minimum of three acres in size.

(2)

General agricultural uses shall be limited to non-CAOs and non-CAFOs. Uses that meet the criteria for CAOs or CAFOs are subject to the intensive agricultural standards of Subsection B. Animals not defined in the AEU table of § 390-6 shall be limited to one per acre.

(3)

No farm or any other outbuilding other than a dwelling shall be constructed closer than 75 feet to any property line.

(4)

All grazing or pasture areas utilized for this purpose shall be fenced.

(5)

No slaughter area or manure storage shall be established closer than 200 feet to any property line.

(6)

Except as noted in the AP Zoning District, no more than one single-family detached dwelling shall be permitted for each farm.

(7)

To control erosion and pollution, a buffer zone of 12 feet or as required by the Exeter Township Floodplain Ordinance,[1] whichever is greater, shall be established from the edge of all streams, which shall be kept in an all-season ground cover.

[1]

Editor's Note: See Chapter 126, Floodplain and Riparian Buffer Area Management; Building Permits.

(8)

The sale of farm products is subject to:

(a)

Signs shall be subject to the provisions of § 390-69.

(b)

At least 50% of such products shall have been produced on the property on which they are offered for sale.

(c)

Parking spaces for at least three cars shall be provided behind the street line.

(d)

Sale of farm products shall be conducted from a portable stand, removed at the end of the growing season, or from a permanent building located no closer to the street than the applicable building setback line.

Combined animal operation (CAO) and concentrated animal feeding operation (CAFO) standards.

(1)

All open storage shall be screened in such a manner that it shall not be visible from any point on the lot lines.

(2)

No more than three persons not related to the family operating the use shall be housed on the lot.

(3)

All buildings and structures designated for the use of any regulated activity shall be painted and maintained in good condition.

(4)

A fence shall be maintained around all areas in which animals are kept outside of buildings.

(5)

Solid and liquid waste shall be disposed of in a manner consistent with Nutrient and Odor Management Act (3 Pa. C.S. § 501 et seq.) as it shall exist from time to time, the Clean Streams Law (35 P.S. § 691.1 et seq.) as it shall exist from time to time, and the Water Resources Planning Act (27 Pa. C.S. § 3101 et seq.) as it shall exist from time to time.

(6)

Agricultural odors are governed by the Nutrient and Odor Management Act (3 Pa.C.S. § 501 et seq.) and accompanying regulations.

(7)

A nutrient management plan shall be prepared for all proposed intensive agricultural uses. The nutrient management plan shall be submitted to the Township and shall be reviewed and approved by the Berks County Conservation District.

(8)

All aspects of mushroom production shall be in accordance with best practices for environmental protection in the mushroom farm community, prepared under the authority of the Solid Waste Management Act (35 P.S. § 6018.101 et seq.) and regulations at 25 Pa. Code Chapter 289, effective date December 12, 1997. The commercial production, processing, or cultivation of mushrooms shall be construed as an intensive agricultural activity and therefore shall comply with the applicable requirements of Subsection B.

(9)

No discharge of liquid waste and/or sewage shall be permitted into a reservoir, sewage or storm disposal system, holding pond, stream or other open body of water, or into the ground unless treated so that the discharge is in total compliance with the standards approved by the appropriate local, state and federal regulatory bodies and/or agencies.

(10)

The design, construction, location, operation, maintenance and removal from service of manure storage facilities shall be consistent with the requirements set forth in 25 Pa. Code §§ 83.351 and 91.36.

Setbacks for manure storage facilities.

(1)

For operations that were producing livestock or poultry on or before October 1, 1997, manure storage facilities, except reception pits and transfer pipes, may not be constructed:

(a)

Within 100 feet of an intermittent or perennial stream, river, spring, lake, pond or reservoir.

(b)

Within 100 feet of a wetland that is identified on the National Wetlands Inventory maps, if the following apply:

[1]

The wetland is within the 100-year floodplain of an exceptional value stream segment.

[2]

Surface flow is toward the wetland.

(c)

Within 100 feet of a private water well, or open sinkhole.

(d)

Within 100 feet of an active public drinking water well, unless other state or federal laws or regulations require a greater isolation distance.

(e)

Within 100 feet of an active public drinking water source surface intake, unless other state or federal laws or regulations require a greater isolation distance.

(f)

Within 100 feet of a property line, unless the landowners within the 100 feet distance from the facility otherwise agree and execute a waiver in a form acceptable to the Commission.

(g)

Within 200 feet of an intermittent or perennial stream, river, spring, lake, pond or reservoir, or any water well, or wetland described in Subsection C(1)(b), if a facility (except permanent stacking and compost facilities) is located on slopes exceeding 8% or a facility has a capacity of 1.5 million gallons or greater.

(h)

Within 200 feet of a property line, if a facility (except permanent stacking and compost facilities) is located on slopes exceeding 8% and if the slope is toward the property line, or a facility has a capacity of 1.5 million gallons or greater, unless the landowners within the 200-foot distance from the facility otherwise agree and execute a waiver in a form acceptable to the Commission.

(2)

For operations that come into existence after October 1, 1997, manure storage facilities, except reception pits and transfer pipes, may not be constructed:

(a)

Within 100 feet of an intermittent or perennial stream, river, spring, lake, pond or reservoir.

(b)

Within 100 feet of a wetland that is identified on the National Wetlands Inventory maps, if the following apply:

[1]

The wetland is within the 100-year floodplain of an exceptional value stream segment.

[2]

Surface flow is toward the wetland.

(c)

Within 100 feet of a private water well, or open sinkhole.

(d)

Within 100 feet of an active public drinking water well, unless other state or federal laws or regulations require a greater isolation distance.

(e)

Within 100 feet of an active public drinking water source surface intake, unless other state or federal laws or regulations require a greater isolation distance.

(f)

Within 200 feet of a property line, unless the landowners within the 200-foot distance from the facility otherwise agree and execute a waiver in a form acceptable to the Commission.

(g)

Within 200 feet of an intermittent or perennial stream, river, spring, lake, pond, reservoir or any water well, or wetland described in Subsection C(2)(b), if a facility (except permanent stacking and compost facilities) is located on slopes exceeding 8% or has a capacity of 1.5 million gallons or greater.

(h)

Within 300 feet of a property line, if a facility (except permanent stacking and compost facilities) is located on slopes exceeding 8%, and if the slope is toward the property line, or a facility has a capacity of 1.5 million gallons or greater, unless the landowners within the 300-foot distance from the facility otherwise agree and execute a waiver in a form acceptable to the Commission.

§ 390-33 Recreational use regulations.

The following controls shall apply to all recreational areas not owned by Exeter Township.

All activities of a commercial nature shall be clearly accessory to and incidental to the permitted recreational use, such as the charging of admission, the sale of refreshments and the rental or sale of athletic equipment.

Sleeping accommodations shall be provided only for caretakers and similar types of employees, except in the case of camps intended to provide for overnight accommodations.

Accessory uses shall be restricted to those providing necessary amenities to members and guests.

Minimum lot size shall be five acres.

All buildings shall be set back a minimum of 150 feet from all lot lines.

Maximum lot coverage shall be 5%.

Maximum paved area shall be 10%.

Minimum lot width shall be 350 feet.

Lighting shall be in accordance with the Exeter Township Lighting Ordinance No. 626[1] or its successor.

[1]

Editor's Note: See Ch. 235, Lighting, Outdoor.

The noise level emanating from a use must comply with the Exeter Township Noise Ordinance.[2]

[2]

Editor's Note: See Ch. 257, Noise.

A complete visual barrier by landscaped screen shall be provided along any lot line adjacent to a residential use.

All storage shall be completely screened from view from any public right-of-way and any residential use. All organic rubbish or storage shall be contained in verminproof containers.

No driveway or street to service a use shall be located within 100 feet from the intersection of any street lines. When any driveway or street shall provide access for more than 100 parking spaces, the approval of the design shall be subject to review by the Township Planning Commission. No design shall be approved which is likely to create substantial traffic hazards endangering the public safety. Safety requirements, which may be imposed in such a review, shall include traffic control devices, acceleration or deceleration lanes, turning lanes, traffic and lane markings and signs.

The interior circulation of traffic shall be designed so that no driveway or street providing parking spaces shall be used as a through street. If parking spaces are indicated by lines with angles other than 90°, the traffic lanes shall be restricted to one-way permitting head-on parking. No driveway or street used for interior circulation shall have traffic lanes less than 10 feet in width. Areas for loading shall be separate from customer parking areas.

Trails for motorized bicycles shall be located no less than 50 feet from a lot line.

An erosion and sedimentation control plan shall be approved by the Township Engineer.

§ 390-34 Design standards for commercial, industrial, and educational uses.

Design standards for commercial, industrial, and educational uses are as follows:

Screening. A complete visual barrier by landscaped screen shall be provided along any lot line adjacent to a residential use or residential zoning district.

Storage. All storage shall be completely screened from view from any public right-of-way and any residential use. All organic rubbish or storage shall be contained in verminproof containers.

Landscaping. Any part or portion of a site which is not used for building area or parking area shall be landscaped according to an overall plan in keeping with the natural surroundings. Any single parking area with 25 or more spaces shall include parking area landscaping of an area that is equal to at least 10% of the area covered by parking spaces and aisleways; said landscaped area shall be in addition to the open area requirements of the applicable zoning district, except in Highway Commercial where the requirement shall be included within the 15% open space requirement. The overall parking area design and associated landscaping shall be subject to approval by the Township in accordance with the provisions of the Exeter Township Subdivision and Land Development Ordinance.[1]

[1]

Editor's Note: See Ch. 330, Subdivision and Land Development.

Access and traffic control. No driveway or street to service a use shall be located within 100 feet from the intersection of any street lines. When any driveway or street shall provide access for more than 100 parking spaces, the approval of the design shall be subject to review by the Township Planning Commission. No design shall be approved which is likely to create substantial traffic hazards endangering the public safety. Safety requirements, which may be imposed in such a review, shall include traffic control devices, acceleration or deceleration lanes, turning lanes, traffic and land markings and signs.

Interior circulation. The interior circulation of traffic shall be designed so that no driveway providing parking spaces shall be used as a public through street. If parking spaces are indicated by lines with angles other than 90°, then traffic lanes shall be restricted to one-way permitting head-in parking. No driveway or street used for interior circulation shall have traffic lanes less than 10 feet in width. Areas for loading shall be separate from customer parking areas.

Shopping cart storage. If any use permits shopping carts to be taken from the confines of the store building, storage areas for such carts shall be provided at convenient locations outside buildings.

Building design. At least one entranceway shall be maintained at ground level. All pedestrian entrances shall be paved with an all-weather surface. Curbing shall be provided to separate parking areas, streets and driveways.

Curbing, in accordance with Township specifications, shall be installed on all streets proposed for dedication within industrial and commercial parks.

New and used car lot/car repairs. Lot must be paved. They are subject to all sections of this chapter and all outdoor vehicle sales display areas shall be setback from the street right-of-way line the greater of 15 feet or five feet from the outside edge of the public sidewalk, if sidewalk is present or required. Sales display areas and customer parking areas are subject to the clear sight triangle regulations per § 390-43B.

All uses shall provide rest rooms for employees and customers (where required by law).

§ 390-35 Environmental performance standards for uses in all zoning districts.

The Township Supervisors shall require safeguards to assure compliance with the following performance standards. Upon request of the Township, a landowner shall furnish proof at his own expense that he is in compliance with the following standards. No use shall be operated in such a manner as to constitute a danger to the residents and inhabitants of Exeter Township.

Air management.

(1)

Open burning is not permitted except by permit issued by the Exeter Township Fire Marshal.

(2)

No gases, vapors or fumes shall be emitted in concentrations which are harmful to persons, property, animals or vegetation (per EPA standards) beyond the lot lines of the lot on which such gases, vapors or fumes originate. No toxic or corrosive gases, vapors or fumes exceeding EPA standards shall be released into the atmosphere.

(3)

No use shall emit odorous gases or other odorous matter into the atmosphere in quantities sufficient to be offensive. The guide for determining such quantities of offensive odors shall be the fifty-percent response level of Table 1, "Odor Thresholds in Air" contained in the publication Research on Chemical Odors: Part 1, Odor Thresholds for 53 Commercial Chemicals, October 1968, Manufacturing Chemists Association, Inc., Washington, D.C. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained.

(4)

The uses shall comply with the regulations of the Pennsylvania Department of Environmental Protection for fugitive emissions, particulate matter emissions, sulfur compound emissions, standards for sources, sources of volatile organic compounds, emissions of hazardous air pollutants and ambient air quality sources.

(5)

Drive-throughs. Land development plans with drive-throughs must submit plans demonstrating how they will manage the flow of vehicles in order to minimize vehicular emissions.

[Amended 11-26-2018 by Ord. No. 815]

Wastewater management.

(1)

Effluent must meet all standards established by the Township or Township Authority or DEP.

(2)

In no case shall untreated, potentially dangerous, or contaminating effluent or waste from plant operations be discharged.

(3)

In commercial and industrial districts on-site water supply or sewage disposal systems shall only be permitted only by special exception. The applicant shall demonstrate compliance with Subsection F below and submit a hydrogeologic study.

Solid waste management. No storage of waste material on the lot shall be permitted in excess of 30 days. All waste materials awaiting transport shall be concealed from view from all adjacent properties and streets and kept in enclosed containers.

Noise and vibration. Noise shall not exceed the limits stated in Chapter 257.

Heat. Any operation producing heat shall be conducted in such a manner as to prevent any effects from the heat beyond the lot lines of the lot on which the operation is located.

Groundwater supplies. No activity shall endanger groundwater levels and quality in the area of the use, nor adversely affect groundwater supplies of nearby properties. When required by the Township, a hydrogeologic study which shall indicate the impact of the use on groundwater supplies and quality in the area of the use shall be submitted to the Township.

Electromagnetic and radioactive radiation. All electromagnetic radiation shall comply with the regulations of the Federal Communication Commission, provided that no electromagnetic radiation which interferes with radio or television reception or the operation of other equipment beyond the lot lines shall be produced. No injurious, electromagnetic radiation, or radioactive emission shall be produced, and all radioactive emissions shall meet the federal and state standards. No high-tension electrical transmission lines or equipment shall be located within 75 feet of any portion of a residential building or vice versa.

Outdoor storage: commercial/industrial. All outdoor storage of materials or products shall be screened from view from all adjacent properties and streets.

Explosives. No possession, discharge, production or storage of any material designed for use as an explosive shall be permitted unless the required state/local permits have been issued.

§ 390-36 Loading areas.

Paved off-street loading and unloading spaces with proper access from a street, driveway or alley shall be provided on any lot on which a building for trade, business, industry or warehousing, or other use similarly involving receipt of or distribution of materials or merchandise by motor vehicle is hereafter erected or expanded. All such areas for the loading and unloading of vehicles, and for the servicing of establishments by refuse collection, fuel and other service vehicles, shall be of such size, design and arrangement that they may be used without blocking or otherwise interfering with the use of automobile accessways, parking facilities and pedestrian ways. Loading areas shall not be located within required front yards and shall not be located within five feet of any side or rear lot line.

Under land development plan approval (§ 390-91) for commercial or industrial districts, the applicant shall indicate all provisions for off-street loading and include supporting data on the number, frequency and schedules, and size of vehicles which will serve the facility. The number and size of loading spaces provided shall be appropriate for the use to be conducted on the premises and sufficient to accommodate all vehicles serving the use. At least one loading space shall be provided for each use.

§ 390-37 Off-street parking.

Off-street parking facilities shall be provided whenever:

(1)

A building is constructed or a new use established.

(2)

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

(3)

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

A minimum of 50% of the parking spaces shall have a minimum area of 180 square feet and a minimum dimension of 10 feet by 18 feet. The remaining parking spaces shall have a minimum area of 171 square feet and a minimum dimension of 9.5 feet by 18 feet. To the extent reasonably possible, the larger parking spaces shall be located as close to the buildings as possible. In addition, appropriate driveways, aisles and maneuvering space shall be provided as necessary to permit safe and convenient access to and use of the area as provided for parking purposes. Safe and convenient access from a street, alley or driveway shall be provided.

[Amended 11-26-2018 by Ord. No. 816]

Parking spaces for residential uses shall be located on the same lot as the use served and shall be located behind the street right-of-way line. Parking spaces for other uses shall be provided for on the same lot as the use being served or in parking facilities within 300 feet of the use and shall not require pedestrian crossing of a public street, except in the case of a shopping center or similar grouping of buildings on a lot, in which case all parking areas shall be provided within the lot boundaries.

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

All parking spaces and means of access, other than those relating to a dwelling, shall be illuminated during night hours of use. The illumination shall be designed and located so that the light sources are shielded from adjoining properties and public and private streets. The illumination shall not produce a glare noxious at or beyond the boundaries of the parking area.

All common parking areas and access drives shall be paved, shall have marked parking spaces, shall be graded to provide convenient vehicular access and proper drainage and shall be maintained in usable condition. The maximum grade of areas for parking shall not exceed 6%, and the maximum grade of access drives shall not exceed 10%. Surface water shall not be concentrated onto public sidewalks or other premises.

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

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

The width of aisles in parking areas shall be not less than listed in the following table:

Angle of Parking (degrees)	Aisle Width (feet)
Angle of Parking (degrees)	One-Way	Two-Way
90	20	24
60	18	Not allowed
45	15	Not allowed
30	12	Not allowed

When the required number of parking spaces is computed and a fraction of a parking space results, any fraction below 1/4 may be disregarded and any fraction above 1/4 shall necessitate the provision of a full parking space.

Parking areas for nonresidential uses shall be designed such that vehicles will not back out onto the public streets.

The design of parking areas shall be such as to prevent the backup of vehicles on a public street at the entrance to parking areas.

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

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

Parking areas for nonresidential uses which are designed to contain more than four vehicles shall be screened from the view of persons on any land zoned RC, AP, R, SR0, SR1, SR2, SR3 or UR which is adjacent to the land on which the nonresidential parking area is located, and shall be located a minimum of 20 feet from any land so zoned.

Parking areas for nonresidential uses shall be located a minimum of four feet from right-of-way line, unless a more stringent improvement setback is imposed by the applicable zoning district regulations, and the area between the parking area and the street right-of-way lines shall be landscaped. Such parking areas shall be located a minimum of two feet from any side or rear lot line, and the area between the parking area and side or rear lot line shall be landscaped. In addition, parking areas shall be located a minimum of 10 feet from a street right-of-way line in Neighborhood Commercial Districts; a minimum of 20 feet from a street right-of-way line in Highway Commercial Districts, Shopping Center Commercial Districts and Light Industrial Districts; and a minimum of 50 feet from a street right-of-way line in General Industrial Districts.

Number of spaces.

(1)

The number of off-street parking spaces to be provided for each use shall be sufficient to accommodate all employee, visitor, and customer parking. Minimum off-street parking requirements shall be as follows:

	Residential uses	3 parking spaces per dwelling unit, not to include garages
	Industrial, wholesaling or warehousing establishment	1 space per employee on shift of greatest employment
	Restaurant, tavern or similar use	1 space for each 4 seats, plus 1 space for each employee on the shift of greatest employment, or 1 space per 3 people of total capacity, plus 1 per employee on the shift of greatest employment, whichever is greater
	Retail and service, convenience/grocery store with gas pumps	4 spaces per 1,000 square feet of gross leasable area (no additional parking for employees)
	Convenience/grocery store without gas pumps	3 spaces per 1,000 square feet of gross leasable area (no additional parking for employees)
	Office building	1 space for each 300 square feet of gross floor area.
	Motel, hotel, tourist home, bed-and-breakfast or similar establishment	One space for each rental unit, plus 1 space for each employee on the shift of greatest employment
	Medical, dental and paramedical offices	1 space per employee, plus 4 spaces for each person engaged in practice
	Agricultural uses	1 space per employee of the shift of greatest employment
	Nursing home, convalescent home or retirement home, personal care home	1 space per employee on shift of greatest employment, plus 1 space for each 2 beds
	Hospital	1 1/2 spaces per bed, plus 1 space per employee on shift of greatest employment
	Bowling alley	5 spaces per alley, plus 1 space per employee on shift of greatest employment
	Funeral home	1 space for each 3 seats, plus 1 space per employee
	Auditorium, theater, place of worship, club or lodge, or other place of public assemblage	1 space for each 4 seats, plus 1 space per employee
	Library or museum	1 space for each 300 square feet of gross floor area, plus 1 space per employee
	Nursery schools and day centers	1 space per employee, plus one space for every 10 children for unloading of children accommodated in the school
	Elementary and junior high schools	1 space per employee, plus 1 space per 2 classrooms or offices
	High schools	1 space per employee, plus 1 space per 3 students to be accommodated at any 1 time
	Commercial school, junior college/college/university	1 space per employee, plus 1 space per 2 students to be accommodated at any one time
	Skating rink, swimming pool, indoor recreational establishments	1 space per 25 square feet devoted to patron use, plus 1 space per employee
	Motor vehicle service station or repair garage	2 parking spaces per service bay, plus 1 per employee on the shift of greatest employment
	Outdoor recreational facility and amusement parks	1 space per employee on largest shift, plus 1 space per 3 people of total capacity
	Shopping center	4 spaces per 1,000 square feet of gross leasable area (no additional parking for employees)
	Dance hall, nightclub and similar IBS assembly group Ad-2 structures	1 space per 2 people of total capacity, plus 1 space per employment on the shift of greatest employment
	Boarding kennel (short-term)	1 space per employee, plus one space for every 10 animals accommodated in the kennel

(2)

For any building or use not covered above, the Zoning Officer shall apply the standard of off-street parking spaces in the above schedule deemed to most closely approximate the proposed building or use.

ADA-accessible spaces.

(1)

The number of ADA accessible parking spaces shall meet the following guidelines:

	Number of Spaces in Lot	Number of ADA-Accessible Spaces Required
	1 to 25	1
	26 to 50	2
	51 to 75	3
	76 to 100	4
	101 to 150	5
	151 to 200	6
	201 to 300	7
	301 to 400	8
	401 to 500	9
	501 to 1,000	2% of the total number of spaces
	1,001 and over	20 spaces plus 1 for every 100 spaces over 1,000

(2)

One in every 6 ADA accessible parking spaces, but not less than 1, shall be designated as van accessible.

(3)

When only one ADA accessible parking space is required, that space shall be designated as van accessible.

(4)

ADA accessible parking spaces shall be the spaces closest to the nearest accessible entrance to the building served by the parking lot.

(5)

Each ADA accessible parking space shall have the appropriate signs erected at the front of the space. One set of signs shall be required for every space. All signs shall conform to PennDOT and ADA regulations.

(6)

The signs shall be mounted on a secure post with the bottom of the lower sign being a minimum of 3.5 feet above the ground level. The required signs are as follows:

(a)

For a standard ADA accessible parking space, a "Reserved Parking" sign (R7-8) shall be mounted on top and a "Violators Subject to Fine and Towing, Minimum Fine $50, Maximum Fine $200" sign (R7-8B) shall be mounted on the bottom.

(b)

For a van ADA accessible parking space, a "Reserved Parking" sign (R7-8) shall be mounted on top, a "Van Accessible" sign (R7-8A) shall be mounted in the middle, and a "Violators Subject to Fine and Towing, Minimum $50, Maximum Fine $200" sign (R7-8B) shall be mounted on the bottom.

(7)

Each ADA accessible parking space shall be at least eight feet wide and shall have an adjacent access aisle five feet wide minimum with diagonal white lines.

(8)

The van ADA accessible parking space shall be at least 11 feet wide and shall have an adjacent access aisle five feet wide minimum with diagonal white lines.

(9)

Each ADA accessible parking space shall have a length identical to the adjacent non-ADA accessible parking spaces in the same parking aisle or parking area.

(10)

All ADA accessible parking spaces shall be identified by painting the pavement surface handicap blue in color, outlined with white lines.

(11)

All ADA accessible parking spaces shall be further identified by having the universal handicapped/disabled symbol painted on the blue space. This symbol shall be white in color.

(12)

All ADA accessible parking spaces and their respective signs shall be regularly maintained to ensure their continued compliance to the law.

Shared parking.

[Added 11-26-2018 by Ord. No. 816]

(1)

Nothing contained in this chapter shall be interpreted to prevent the Planning Commission from requesting, in the Township Commons District, the provision of shared parking lots for one or more uses located on separate lots or on common lots. Parking spaces located in a joint parking lot may be used to satisfy the off-street parking requirements of this article, provided said spaces are located within 300 feet walking distance of the lot containing the land use they are intended to serve, as measured along the public right-of-way. In no instance shall parking spaces in a joint parking lot that are devoted to meeting the parking requirements of one land use be used to meet the parking requirements of another land use.

(2)

Application of shared parking. Applicants for new developments or redevelopment in the Township Commons District are encouraged to examine the feasibility of using shared parking arrangements. Factors to be evaluated to establish shared parking arrangements should include operating hours, seasonal/daily peaks in parking demand, the site's orientation, location of access driveways, availability of transit service, accessibility to other nearby parking areas, pedestrian connections, distance to parking area, availability of parking spaces, and cooperation of adjacent owners.

(3)

Calculation of parking spaces required with shared parking.

(a)

The minimum number of parking spaces for where shared parking strategies are proposed shall be determined by a study prepared by the applicant following the procedures of the Urban Land Institute (ULI) Shared Parking Report, Institute of Transportation Engineer's (ITE) Shared Parking Guidelines, or other methodologies approved by the Planning Commission. If standard rates are not available or limited, the applicant may collect data at similar sites to establish local parking demand rates. If the shared parking plan assumes use of an existing parking facility, then field surveys shall be conducted to determine actual parking accumulation. If possible, these surveys should consider the seasonal peak period for the combination of land uses involved.

(b)

The applicant shall determine the minimum number of parking spaces required for shared parking arrangements by utilizing the following example procedures:

[1]

Step 1: Determine the number of parking spaces that should be provided for each land use separately by multiplying the zoning code requirements by the gross square feet (GSF) or total units (seats, employees, dwelling units, beds, etc.) of each individual use and then sum the results.

[2]

Step 2: Based on the hourly variation in parking demand, determine the peak parking demand for the combined demand of all the uses in the development. Standardized data such as from the ULI Parking Report should be used to estimate hourly variations. Field studies can also be performed on similar land uses within the jurisdiction or adjacent municipalities to establish the hourly variation patterns. This analysis may be needed for both weekdays and weekends, depending on the type of uses involved, and may need to consider seasonal peak periods.

[3]

Step 3: Compare the calculations of the two steps above, and the lesser of the two peak parking demands shall be used as the minimum number of parking spaces that need to be provided.

(4)

Distance to parking spaces and pedestrian connection requirements. Shared spaces for all sharing uses must be located within 300 feet of the principal building entrances of all sharing uses. Clear, safe pedestrian connections must be provided.

(5)

Agreement between sharing property owners. If a privately owned parking facility is to serve two or more separate properties, a legal agreement between property owners guaranteeing access to, use of, and management of designated spaces is required. Shared parking spaces shall be subject to appropriate deed restrictions (or other legal instrument), as approved by the Township Solicitor, binding the owner of the parking spaces and his/her heirs and assigns to provide and maintain the required number of spaces for the land use that they are intended to serve either throughout the existence of such land use, or until such spaces are provided elsewhere.

(6)

Shared parking plan. The Planning Commission, at its discretion, may require that a shared parking plan be submitted. Shared parking may be shown on the site plan, landscaping plan or as a separate document. The shared parking plan shall include one or more of the following:

(a)

Site plan of parking spaces intended for shared parking and their proximity to land uses that they will serve.

(b)

A signage plan that directs drivers to the most convenient parking areas for each particular use or group of uses (if such distinctions can be made).

(c)

A pedestrian circulation plan that shows connections and walkways between parking areas and land uses. These paths should be as direct and short as possible.

Drive-through off-street stacking spaces. Drive-through off-street stacking spaces shall be regulated as follows.

[Added 11-26-2018 by Ord. No. 816]

(1)

General provisions.

(a)

The purpose of off-street stacking space regulations is to promote public safety by alleviating on-site and off-site traffic congestion from the operation of a use which utilizes a drive-through facility. A drive-through facility is composed of two parts: the stacking spaces, the space occupied by vehicles queuing for the service to be provided; and the service area, where the service occurs. In uses with service windows, the service area starts at the service window. In uses where the service occurs indoors, the service area is the area within the building where the service occurs. For other facilities, such as gas pumps, car washes, pharmacies, air compressors, vacuum cleaning stations, truck washes, and similar uses, the service area is the area where the vehicles are parked during the service.

(b)

Any use having a drive-through facility shall provide the required off-street stacking area on site and shall locate the drive-through components (menu/presell board, clearance bar, canopy, directional signs, order confirmation displays/speaker posts, pay window, pickup window, ATM, pneumatic air tube) in such a way as to ensure that on-site and off-site traffic conflicts, hazards and congestion are avoided. Each drive-through facility shall provide the stacking spaces as follows:

[1]

Each stacking space shall be not less than 8 1/2 feet in width and 17 1/2 feet in length, with additional spaces for necessary turning and maneuvering.

[2]

The area required for stacking spaces shall be exclusive of and in addition to any required parking space, loading space, driveway, access drive or aisle, unless otherwise permitted.

[3]

A parking space at any component of a drive-through facility shall be considered to be a stacking space.

[4]

Any area reserved for stacking spaces shall not double as a circulation drive or maneuvering area.

[5]

Sites with stacking spaces shall include an exclusive bypass aisle, drive or other circulation area in the parking lot design to allow vehicles to bypass the stacking area.

[6]

Any component of a drive-through facility may project up to one foot into the stacking area.

[7]

Drive-through facilities may contain more than one component part. To determine the number of off-street stacking spaces located before a facility, the final component of the facility shall be used in determining the location of the off-street stacking spaces. In the case of car washes, the final component of a facility is the entrance to the car wash building itself.

[8]

Where a single drive-through lane serves more than one drive-through facility, the minimum number of stacking spaces provided shall equal the combined total required for each facility.

(2)

Required stacking spaces.

(a)

Car wash:

[1]

Self-service or hand wash: Three spaces before the final component of each facility; two spaces at the exit of each facility.

[2]

Semi- or full automatic: 10 spaces before the final component of each facility; two spaces at the exit of each facility.

(b)

Restaurants:

[1]

One drive-through facility: Eight spaces before the final component of the facility; two spaces at the exit of the facility.

[2]

For each additional drive-through facility: four spaces before the final component of each additional facility; one space at the exit of each facility.

[3]

The number of stacking spaces required above shall be considered minimums. The Township may require additional stacking spaces when they are deemed necessary to comply with the general provisions of this section.

[4]

Where an applicant can provide compelling evidence that fewer than the required number of stacking spaces would adequately serve a drive-through establishment, the number of required stacking spaces may by special exception be reduced by the Zoning Hearing Board.

(c)

Financial institutions (including ATMs):

[1]

Four spaces per teller window or ATM.

(d)

Drugstore, pharmacy or dry cleaner:

[1]

Five spaces per lane.

(e)

All other facilities utilizing a drive-through facility, including, but not limited to, photo dropoff/pickup stations, automobile oil change or lubrication facilities: three spaces before the final component of the facility; one space at the exit of each facility.

(f)

Stacking spaces should be configured to maintain safe pedestrian access and be located away from off-site views, where possible.

§ 390-38 Driveways.

Single-family dwelling driveway entrances or exits into a street from a corner lot shall conform to the provisions of Subdivision and Land Development Ordinance.[1]

[1]

Editor's Note: See Ch. 330, Subdivision and Land Development.

No entrance or exit for a driveway serving a single-family dwelling shall be less than 10 feet or more than 20 feet in width in aggregate if more than one driveway, excluding radii.

No driveway serving a single-family dwelling shall be located within two feet of any side lot line, except in the case of driveways which adjoin one another.

No driveway serving a nonresidential use shall be located within five feet of any rear or side lot line, provided that a driveway serving a nonresidential use shall not be located within 10 feet of a rear or side lot line when the adjoining land is located within an RC, AP, R, SR0, SR1, SR2, SR3 or UR District.

Driveways shall be so constructed and maintained that the materials of which the driveways are constructed will not wash nor be deposited upon public roads. Driveways in excess of ten-percent grade shall be paved.

At driveway intersections with streets, a clear sight triangle, as specified in § 390-43B shall be established for a distance of 10 feet from the point of intersection of the cartway lines. In addition, the sight distances at driveways shall meet the requirements of Pa. Code Title 67, Chapter 441, Access to and Occupancy of Highway by Driveways and Local Roads.

Driveway entrances shall not intersect streets at angles of less than 60° nor more than 120°.

The grade of driveways shall conform to the Exeter Township Subdivision and Land Development Ordinance, § 330-36G.

The area between the street cartway and right-of-way lines shall be paved.

§ 390-39 No-impact home-based business regulations.

No-impact home-based business regulations are as follows:

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

There shall be no customers coming to the dwelling.

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

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

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

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.

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.

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

The business may not involve any illegal activity.

§ 390-40 Home occupation regulations.

Home occupations may be allowed by zoning permit issued by the Zoning Officer, subject to the applicant demonstrating compliance with the below-referenced provisions.

The following requirements must be met in order to have a home occupation:

(1)

The home occupation must be conducted within a residential property and must be clearly incidental to the residential use.

(2)

Only a resident of the dwelling unit may practice the home occupation (i.e., the owner cannot rent out a room in the house for someone to run a business).

(3)

Any need for parking generated by the home occupation shall be met off-street on the lot and existing paved area, which the home occupation is carried out; any additional paving shall comply with the maximum allowed in the zoning district in question.

(4)

Occupations requiring customers coming to the home may:

(a)

Allow only two customers at a time; and

(b)

Conduct business between the hours of 8:00 a.m. and 8:00 p.m.

(5)

Only one person, whether paid or unpaid, may assist with the home occupation at the dwelling unit (off-street parking must be met for this person also).

(6)

No more than 25% of the total floor area of a dwelling unit shall be used for the purposes of the home occupation.

(7)

In the case of repair services, repairs must be made off the property on which the home office is located.

(8)

There shall be no external storage of equipment.

(9)

No emission of unpleasant gases or other odorous matter shall be permitted.

(10)

No emission of noxious, toxic or corrosive gases or fumes injurious to persons, property or vegetation shall be permitted.

(11)

No discharge shall be permitted into a reservoir, sewage or storm disposal system, stream, open body of water or into the ground of any materials in such a way or of such nature or temperature which could contaminate any water supply, or damage or be detrimental to any sewage system or any sewage treatment process or otherwise could cause the emission of dangerous objectionable elements. No hazardous waste or household hazardous waste shall be discharged into sewage disposal systems or public sewers.

(12)

No vibration perceptible beyond the structure in which the home occupation is conducted shall be permitted.

(13)

No noise shall be audible beyond the structure in which the home occupation is conducted which exceeds the average intensity of street traffic at the front lot line. Objectionable noises due to intermittence, beat, frequency or shrillness shall be muffled.

(14)

No emission of any smoke shall be permitted (unless the smoke is from a wood-burning stove or fireplace being used for heating purposes).

(15)

In the case of child-care services, a maximum of three children (unrelated to the operator) may attend. Caregiver must comply with all requirements of the Pennsylvania Code Title 55, Public Welfare (copies available in the Engineering Department).

(16)

No hazardous, explosive or regulated material shall be produced or stored upon the premise in quantities exceeding National Fire Code standards for residences.

(17)

No display of products related to the home occupation shall be visible from adjoining properties or streets.

(18)

There shall be no outside advertising in residential areas. In nonresidential areas, there shall be no outside advertising other than one one-sided or two-sided sign of no more than six square feet in area of each side and must comply with all other requirements of the sign ordinance regarding placement of such sign.

(19)

There shall be no alterations made to the outside of the dwelling in a manner inconsistent with the basic architecture of the dwelling.

(20)

Person must register with the Municipal Tax Administrator for tax reporting purposes.

(21)

A zoning permit shall be required.

(22)

Neighbor impact letters must be submitted.

(23)

All home occupations shall be subject to periodic inspections by the Township Zoning Officer or Assistant Zoning Officers to monitor compliance with the provisions of this chapter and any and all other Township, state and federal regulations.

§ 390-41 Front yard exceptions.

When an unimproved lot is situated between two improved lots with front yard dimensions less than those required for the zoning district in which the unimproved lot is located, the front yard required for the unimproved lot may be reduced to a depth equal to the average of the two adjoining lots; provided, however, that this provision shall only apply in such cases where the improved lots in question are improved as of the time of the adoption of this chapter and the improvements are located within 100 feet of the unimproved lot. For the purpose of this section, an "unimproved lot" shall be the same as a vacant lot and an "improved lot" shall be one on which a principal building is erected.

§ 390-42 Fences, walls and hedges.

Except as noted elsewhere in this chapter, fences, walls and hedges may be located within required yards. No fence, wall or hedge shall be erected or planted within the right-of-way lines of any street, nor shall they encroach upon any street right-of-way at any time.

Fences, walls or hedges shall comply with the requirements of § 390-43B.

Any fence or wall, except a retaining wall, greater than 10 feet in height shall be set back no less than five feet from a lot line, unless otherwise required by this chapter.

Fences shall be constructed of wood, chain link or similar appropriate materials approved by the Zoning Officer, be of uniform construction and be constructed in a workmanlike manner.

§ 390-43 Corner lot restrictions.

On every corner lot, a yard equal in depth to the front yard requirement of the zoning district in which the corner lot is located shall be provided on each side of the lot which is adjacent to a street.

Clear sight triangles shall be provided at all street intersections. Within such triangles, nothing which impedes vision between a height of 2 1/2 feet and 10 feet above the center line grades of the intersecting streets shall be erected, placed, planted or allowed to grow, except street signs, traffic lights or signs, utility poles and mail boxes. Such triangles shall be established from a distance of 75 feet from the point of intersection of the center lines of the intersecting streets, except that a clear sight triangle of 150 feet shall be provided for all intersections with arterial highways. In addition, sight distances shall meet the requirements of Pa. Code Title 67, Chapter 441, Access to and Occupancy of Highway by Driveways and Local Roads.

§ 390-44 Projections into yards.

The following projections shall be permitted into required yards and shall not be considered in the determination of yard size or lot coverage:

Terraces, patios, open porches and decks (provided that such terraces, patios, open porches and decks are not enclosed) are not to be closer than 10 feet to any lot line (except a lot line which is the projection of a common wall) and do not project into any required front yard.

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

Uncovered stairs and landings, accessibility ramps and chair lifts, provided such stairs, landings, ramps or lifts do not project more than five feet into any required yard, and are not located closer than six feet to any lot line (except lot lines which are the projection of party walls).

§ 390-45 Existing principal and accessory building exceptions.

[Amended 8-26-2013 by Ord. No. 743]

On any lot on which a principal building existed at the effective date of this chapter, an accessory building to such existing principal building which is constructed after the effective date of this chapter does not have to be set back further from any street right-of-way than that of the principal building.

If the owner (or his/her agent) of a lot that has been developed in conformance with a prior iteration of this chapter applies for a building permit to expand the existing principal building and/or construct a permitted accessory building or structure, the owner may elect to proceed in conformance with a group of certain limited zoning regulations in effect at the time the owner acquired the lot at issue (the prior ordinance), but only if the owner provides the Zoning Officer with sufficient proof of the following and otherwise complies in all respects with this chapter:

(1)

The lot is developed, and was developed pursuant to an iteration of this chapter;

(2)

The owner of the lot for the building permit owned the lot continuously from the time the prior ordinance was in effect, up to the present; and

(3)

That, in order to accomplish the expansion of the existing principal building and/or construction of a permitted accessory building or structure, the owner needs the benefit of the zoning regulations found in the prior ordinance for this group of --and only these --zoning regulations: lot coverage; paved area; building setback; rear yard; and/or side yard; the owner cannot elect to proceed with some but not all of this group of zoning regulations.

§ 390-46 Height exceptions.

[Amended 7-13-2020 by Ord. No. 832]

The building height limitations contained within this chapter shall not apply to chimneys, spires, cupolas, antennas and other similar appurtenances customarily attached to principal buildings as determined by the Zoning Officer, usually required to be placed above the roof level provided they are not intended for human occupancy, provided that any such projection which exceeds the height limitations of the applicable zoning district shall not be greater in height above its base than the shortest distance from such base to any lot line, and provided that telecommunications towers and other such structures shall not be exempt. See also § 390-71.8, Telecommunications.

§ 390-47 Conduct of agricultural activities.

Agricultural activities permitted to be conducted within the Township by this chapter may be conducted even though those activities may create an annoyance or inconvenience to neighboring residential uses due to sights, sounds, smells or other conditions resulting from the agricultural activities, provided that the agricultural activities are conducted in accordance with any and all regulations of the Township and the state and are not conducted in a manner which creates a definite danger to the health or safety of neighboring uses. To control erosion and pollution, there is established a riparian buffer along the edge of all waterways, wetlands, and water bodies of 12 feet or as provided in the Exeter Township Floodplain Ordinance,[1] whichever is greater.

[1]

Editor's Note: See Ch. 126, Building Permits; Floodplain and Riparian Buffer Area Management.

§ 390-48 Steep slope controls.

Intent. Areas exist and are created during the subdivision and land development process within each zoning district that would have special constraints on development because of the topography. These concerns include soil erosion, stream siltation, unsatisfactory on-lot sewage disposal, excessive cut and fill requirements, loss of vegetation and increased runoff and flooding. The intent of this section is to establish certain restrictions relating to permitted uses, bulk, area and coverage requirements for property located on (mean) slopes of 15% or more and to control the creation of new, man-made very steep slope areas and their attendant problems. It is not the intent, however, to prohibit development, but merely to insure that adequate consideration has been given to these unique problems and that adequate safeguards will be taken.

Definitions. As used in this section, the following terms shall have the meanings indicated:

CATEGORY I STEEP SLOPE AREA

Any area, whether existing or proposed, where the mean slope of the land is 15% or greater but less than 25%, and has an elevation change of 10 feet or greater.

CATEGORY II STEEP SLOPE AREA

Any area, whether existing or proposed, where the mean slope of the land is 25% or greater and has an elevation change of 10 feet or greater.

MEAN SLOPE

Determined by dividing the elevation change by the horizontal distance measured perpendicular to the contour lines over which the elevation change occurs.

Exceptions. The following existing features are excluded from the definition of steep slope areas:

(1)

Approved stormwater detention and retention basins.

(2)

Approved excavations which are the result of permitted surface mining activities.

Minimum lot area. The minimum lot area for a lot containing Category I and/or Category II steep slope shall be the greater of:

(1)

The minimum lot area of the applicable zoning district; or

(2)

The summation of the following:

(a)

The percentage of the lot area having slopes less than 15% multiplied times the minimum lot area required for the district within which it is located; plus

(b)

The percentage of the lot area having Category I steep slopes multiplied times three acres; plus

(c)

The percentage of the lot area having Category II steep slopes multiplied times five acres.

Minimum lot width. The minimum lot width for a lot containing Category I and/or Category II steep slopes shall be the greater of:

(1)

The minimum lot width of the applicable zoning district; or

(2)

The summation of the following:

(a)

The percentage of the lot area having slopes less than 15% multiplied times the minimum lot width required for the district within which it is located; plus

(b)

The percentage of the lot area having Category I steep slopes multiplied times 200 feet; plus

(c)

The percentage of the lot area having Category II steep slopes multiplied times 300 feet.

Existing Category II steep slopes.

(1)

Existing (non-man-made) Category II steep slopes shall not be altered, regraded, cleared, built upon or otherwise disturbed unless such disturbance is necessary:

(a)

To accommodate an access drive or driveway where the applicant has demonstrated to the Township's satisfaction there is no other feasible route for such an access drive or driveway and if the slope is disturbed to the minimum extent necessary to accommodate such access drive or driveway.

(b)

To accommodate a trail or trails that are part of an existing or planned trail network and are located and constructed based upon accepted best management practices for minimizing erosion.

(c)

To install underground utilities where the applicant has demonstrated to the Township's satisfaction that no alternative location is feasible and that the proposal consists of the minimum disturbance necessary to provide utility service.

(d)

To construct a single-family detached dwelling unit on a lot that consists entirely of very steep slope area, provided that the following conditions are met:

[1]

There shall be established a permanent conservation easement of at least 300 feet between any disturbance area [except as permitted in Subsection F(1)(a), (b) and (c) above] and the downslope property line.

[2]

The applicant shall submit the methods proposed by a professional engineer to preclude any structural and/or foundation problems that may be caused by the steep slope conditions.

(2)

In no case shall more than 10% of the area containing existing (non-man-made) Category II steep slopes be disturbed.

Except as permitted in Subsection F above, existing (non-man-made) Category II steep slope areas shall be left undisturbed and shall be subject to a permanent conservation easement that specifically prohibits:

(1)

Removal of healthy trees and/or vegetation (exotic or noxious species excepted).

(2)

Earthmoving, earth disturbance, or other alteration of the site ecology, including, but not limited to, the installation of roadways, driveways, on-lot septic systems, sanitary or storm sewers, infiltration systems and stormwater detention basins.

(3)

Placement or construction of any structure without prior approval of Exeter Township, or unless exempted under § 390-56A.

In no case shall more than 25% of the area containing existing (non-man-made) Category I steep slopes be disturbed.

Creation of new, man-made steep slope areas.

(1)

Surface mining activities, where permitted under this chapter, may create new steep slope areas or near vertical walls pursuant to the regulations established by the Commonwealth of Pennsylvania.

(2)

Man-made embankments adjacent to street rights-of-way which are the result of cut-and-fill operations are permitted, provided that the following conditions are met:

(a)

The full width of the street right-of-way shall be graded as required by the Exeter Township Subdivision and Land Development Ordinance and Exeter Township standards.

(b)

The maximum man-made slope permitted adjacent to a street right-of-way shall be three horizontal to one vertical and begin or end at the edge of the street right-of-way and extend outwards from the right-of-way into the lot or property.

(c)

No portion of a retaining wall or its supporting elements shall be placed or extend into the street right-of-way. All retaining walls located on the low side of a street shall be set back from the right-of-way a sufficient distance to permit repair work on the wall without adverse effects on any portion of the street right-of-way, sidewalk, curb, cartway or other features which may exist within the right-of-way.

(d)

The maximum height of a retaining wall or stabilized rock face shall be limited to 10 feet.

(e)

The proposed man-made steep slopes shall be included in the calculation of minimum lot area and minimum lot width as provided for in Subsections D and E, respectively.

(3)

Stormwater detention basins as permitted by the Exeter Township Schuylkill River Stormwater Management Ordinance.[1]

[1]

Editor's Note: See Ch. 320, Stormwater Management, Art. II, Schuylkill River Stormwater Management.

(4)

Temporary excavations for the construction of buildings and structures are permitted, provided that the natural grade is restored postconstruction.

(5)

No earth or soil slope shall be created that exceeds three horizontal to one vertical except for landscape berms or terraces having a height of five feet or less may have grades that exceed three horizontal to one vertical as long as the applicant stabilizes such berms/terraces to the satisfaction of the Township Engineer.

(6)

Retaining walls.

(a)

Retaining walls and/or exposed/stabilized/rock faces, adjacent to side and/or rear lot or tract boundary lines, shall be set back from said lines a minimum of 10 feet;

(b)

Retaining walls and exposed/stabilized rock faces supporting an excavation or fill in excess of 10 feet shall be terraced (depth of each terrace segment shall not be less than the height of the wall segment immediately below) with no individual wall segment having a height greater than 10 feet.

Procedures. Existing lots not requiring subdivision or land development plan approval prior to development.

(1)

In submitting a permit application for any construction or activity within Category I and/or Category II steep slopes, the applicant shall submit a plan showing the Category I and Category II steep slopes. The Zoning Officer will not issue a permit until a plan is submitted indicating, to the satisfaction of the Township Engineer, that all potential problems of steep slopes have been resolved.

(2)

The applicant shall submit plans showing existing and proposed topography, proposed structure and building locations, streets and driveways location and grade, site drainage, sanitary facilities, grading plan, revegetation or planting plan prepared by a registered architect, engineer or landscape architect. Plans shall be accompanied by drawings or a statement of how problems of surface water runoff, erosion, soil stabilization, on-lot sewage disposal, revegetation, sediment control and all other associated problems are proposed to be overcome.

(3)

Should the area designated as steep slopes be found to be inaccurate, based on a topographical survey prepared by a licensed surveyor or engineer, showing two-foot contour intervals, then the zoning requirements for such property shall be based upon the topographical survey.

Lots and parcels subject to subdivision and land development review and approval will be evaluated for conformance with this section during the review and approval process for the plan.

§ 390-49 Removal of natural resources.

Natural resources are defined to include: trees, water, topsoil, minerals, rocks and other products of the earth.

Except where listed as a permitted use elsewhere in this chapter, or where permitted as part of the land development process by the Exeter Township Subdivision and Land Development Ordinance, removal of natural resources from a lot is not permitted.

§ 390-50 Standards for public utility uses.

All areas for parking and loading shall be located between the building and rear lot line.

If adjoining land is zoned RC, AP, R, SR0, SR1, SR2, SR3 or UR all facilities, storage or activities outside a building shall be screened from view from public streets and adjoining lots.

§ 390-51 Historic resource controls.

[Amended 10-9-2017 by Ord. No. 778]

Purpose. It is hereby declared that historic resources are public necessities and that the preservation and protection of historic resources is in the interest of the education, property values, and general welfare of the citizens of Exeter Township. The purposes of this section are as follows:

(1)

To protect the integrity and promote general welfare of the Class I, Class II, Class III, and Class IV historic resources of Exeter Township;

(2)

To establish a clear process by which proposed changes affecting historic resources are reviewed by the Exeter Planning Commission and the Board of Supervisors;

(3)

To encourage and promote the continued, viable use of historic resources in Exeter Township and to facilitate their appropriate reuse;

(4)

To encourage the preservation of historic settings and landscapes;

(5)

To discourage the unnecessary or negligent demolition of historic resources in Exeter Township;

(6)

To mitigate the negative effects of proposed changes on historic resources;

(7)

To promote the goals of the Pennsylvania Constitution at Article I, Section 27, which states the policy of encouraging the preservation of historic and aesthetic resources; and

(8)

To maintain the property rights of all real property owners within Exeter Township.

Definitions. As used in this section, the following terms shall have the meanings indicated:

APPLICANT

A party that files plans, submissions, studies, and/or applications with the Township concerning historic resources, including, without limitation, an historic resources impact study and/or the adaptive reuse, rehabilitation, and/or demolition of an historic resource.

CULTURAL STUDIO

Any building used to present cultural, scientific, or academic lectures or performances or art displays to the general public by any entity, whether that entity is commercial, noncommercial, nonprofit, or for-profit.

DEMOLITION BY NEGLECT

(1)

Failure to provide ordinary and necessary maintenance and repair to a building or structure designated as a Class I, II, or III historic resource on the Township Historic Resource Map, except for ruins existing at the time of adoption of this section, whether by ordinary negligence or willful neglect, purpose, or design, by the owner or any party in possession thereof, which results in any of the following conditions:

(a)

The deterioration of exterior features so as to create a hazardous or unsafe condition or to permit such a condition to exist;

(b)

The deterioration of exterior walls, roofs, chimneys, or windows;

(c)

The lack of adequate waterproofing; and/or

(d)

Deterioration of the structural system or foundations that will or could result in permanent damage or loss of exterior features.

(2)

This term includes, without limitation, having a building or structure open or vulnerable to vandalism or decay by the elements.

DEMOLITION or DEMOLISH

The razing or destruction, whether entirely or in significant part, of a building, structure, or site. Demolition includes, without limitation, the removal of a building or structure from its site or the removal, stripping, concealing, or destruction of the facade or any significant interior or exterior architectural features integral to the historic character of the resource, for whatever purpose, including new construction or reconstruction.

OWNER

The owner of private and/or public property within Exeter Township.

Historic resources classifications and Historic Resources Map.

(1)

The Township hereby adopts the Historic Resources Map, which is incorporated into this Zoning Ordinance as Appendix A.[1] The Historic Resources Map delineates the historic resources subject to the provisions of this section. The historic resources shall be segregated into classes, as defined below and as designated on the Historic Resources Map:

(a)

Class I historic resources.

[1]

Any historic resource currently listed on the United States' Department of the Interior's National Register of Historic Places or that has received a determination of eligibility (DOE) from the Keeper of the National Register of Historic Places, either individually or as part of a complex/district; or

[2]

Any historic resource that has received a determination of eligibility (DOE) from the Pennsylvania Historical and Museum Commission, Bureau for Historic Preservation.

[3]

A building, site, structure, and/or district shall be designated as a Class I historic resource only if the owner of the historic resource affirmatively signifies its agreement in writing to be designated as such and notes that such designation shall be binding on the owner's heirs, successors, and assigns. Upon approval by the Township Board of Supervisors of a property receiving a Class I designation, the Historic Resources Map attached as Appendix A[2] shall be revised to reflect the same.

[2]

Editor's Note: Appendix A is on file in the Township offices.

(b)

Class II historic resources. Historic resources individually listed on a state inventory of historic places by the State Historic Preservation Office, where the owner of the historic resource has agreed to such Class II designation. Such agreement by the owner of the historic resource shall be memorialized in writing to the Township, affirmatively signifying the agreement to be so designated and noting that such designation shall be binding on the owner's heirs, successors, and assigns. Upon approval by the Township Board of Supervisors of a property receiving a Class II designation, the Historic Resources Map attached as Appendix A[3] shall be revised to reflect the same.

[3]

Editor's Note: Appendix A is on file in the Township offices.

(c)

Class III historic resources.

[1]

Buildings, sites, structures, and/or districts not designated as a Class I or II historic resource, but determined by the Township to be of historical or architectural significance. In rendering a determination as to the eligibility as a Class III historic resource, the following considerations shall be assessed:

[a]

Whether the historic resource has significant character, interest, or value as part of the development, heritage, or cultural characteristics of the Township, county, region, commonwealth or nation, or is associated with the life of an historically significant person;

[b]

Whether the historic resource is associated with an event of importance to the history of the Township, county, region, commonwealth, or nation;

[c]

Whether the historic resource embodies distinguishing characteristics of an architectural style or engineering specimen;

[d]

Whether the historic resource is a noteworthy work of a designer, architect, landscape architect, or engineer whose work has significantly influenced the historical, architectural, economic, social, or cultural development of the Township, county, region, commonwealth, or nation;

[e]

Whether the historic resource has yielded, or may be likely to yield, information and/or artifacts important in history; or

[f]

Whether the historic resource exemplifies the cultural, political, economic, social, or historic heritage of the community.

[2]

A building, site, structure, and/or district shall be designated as a Class III historic resource only if the owner of the historic resource affirmatively signifies its request or agreement in writing to be designated as such and notes that such designation, if granted, shall be binding on the owner's heirs, successors and assigns. Upon approval by the Township Board of Supervisors of a property receiving a Class III designation, the Historic Resources Map attached as Appendix A[4] shall be revised to reflect the same.

[4]

Editor's Note: Appendix A is on file in the Township offices.

(d)

Class IV historic resources. Buildings, sites, structures, and/or districts that satisfy some or all of the standards of a Class I, II, or III historic resource that the owner would like recognized on the Historic Resources Map, but for which the owner desires not to otherwise utilize the provisions of this section. This classification does not afford benefits or require restrictions as to the use of the property as regulated by this section, but does afford recognition on the Historic Resources Map. Upon approval by the Township Board of Supervisors of a property receiving a Class IV designation, the Historic Resources Map attached as Appendix A[5] shall be revised to reflect the same. A Class IV historic resource is excluded from the benefits and/or restrictions set forth in § 390-70 (adaptive reuse standards).

[5]

Editor's Note: Appendix A is on file in the Township offices.

[1]

Editor's Note: Appendix A is on file in the Township offices.

(2)

The Historic Resources Map and the classifications of the historic resources thereon may be revised by ordinance from time to time by the Township Board of Supervisors. The Township shall not incorporate a property as a Class I, II, III, or IV historic resource without the written request and/or consent by the owner to do so. To the extent that an owner desires to have its property listed as an historic resource, it shall submit all documentation to the Township and Planning Commission necessary to establish the above-listed classification criteria. Dependent upon the particular location and character of the proposed historic resource and of the surrounding neighborhood, the Township Board of Supervisors may require as a condition of approving the historic resource class designation that an owner enter into an historic resources conservation easement to limit the potential use or adaptive reuse of the property, as well as to incorporate appropriate additional setbacks, parking, landscaping, or other area and bulk requirements, all of which to guide the future use of the property in a manner consistent with its proposed classification.

Adaptive reuse of Class I, II, and III historic resources. Historic resources may be adaptively reused pursuant to the criteria set forth in Zoning Ordinance § 390-70.

Planning Commission review and recommendation. All plans, submissions, studies, and applications submitted to the Township, either to the Board of Supervisors or the Zoning Officer, pursuant to this section shall be forwarded to the Township Planning Commission for its review and comment within five business days of receipt by the Township. The Planning Commission shall provide all such recommendations to the Township no later than 45 days after receipt of the plans, submissions, studies, and applications by the Township. In the event the Planning Commission requires additional time to review the plans, submissions, studies, or application and make recommendations, the Planning Commission shall notify the Township of the need for up to an additional 15 days.

Historic resources impact study.

(1)

Applicability. An applicant shall be required to submit to the Township for review and consideration an historic resources impact study when otherwise required by this § 390-51, or, at a minimum, when the applicant has proposed any of the following: land development of a tract on which a Class I or Class II historic resource is located; or the construction of any structure within 300 feet of the exterior walls of a Class I historic resource, including, without limitation, fences, stormwater management improvements, landscaping, and grading work when a part of a land development application. This provision does not apply to Class III or IV historic resources.

(2)

Purpose and preparation. The historic resources impact study shall be prepared to describe the existing conditions of the site and the setting in which the historic resource is located, evaluate the proposed development or land development vis-a-vis any potential adverse impacts on the historic resource, and allow the Township to assess whether particular setbacks, architectural controls, landscaping, screening, buffering, and other protections may be necessary to mitigate any adverse impact of proposed development on the existing historic resource. The historic resource impact study shall be prepared by a qualified professional in historic preservation, historical architecture, landscape architecture, or related disciplines, and presented by the applicant or his agent for discussion at a meeting of the Exeter Planning Commission.

(3)

Content. The historic resources impact study shall contain the following information:

(a)

Background information.

[1]

A general description of the site and its existing conditions, including topography, watercourses, vegetation, landscaping, existing buildings, viewsheds, improvements, and structures;

[2]

A general description and classification of all historic resources on the property or within the three-hundred-foot setback area discussed in Subsection F(1);

[3]

A physical description of all historic resources on the property or within the three-hundred-foot setback area discussed in Subsection F(1);

[4]

A statement of the significance of each historic resource;

[5]

A sufficient number of eight-by-ten color photographs to show every historic resource on the property or within the three-hundred-foot setback area discussed in Subsection F(1), in its setting; and

[6]

A narrative description of the historical development of the subject tract and the area in which the historic resource is located.

(b)

Proposed changes.

[1]

A general description of the project, including the timetable or development phases;

[2]

A description of the impact on each historic resource identified in the subsection above with regard to the architectural integrity, the historic setting, and the future use; and

[3]

A general description of the effect on the lighting, stormwater, intensity, or character of use, traffic and any other potential impacts generated by the proposed change on each historic resource.

(c)

Mitigation measures. Proposals for mitigating the project's impact on the historic resources for consideration by the Planning Commission and Zoning Officer, including design alternatives, buffering, landscaping, and any other appropriate measures permitted under the terms of this section and other Township ordinances. The mitigation measures shall be consistent with the historic integrity of the historic resource and the standards for rehabilitation set forth in this section.

Standards for rehabilitation of an historic resource.

(1)

Any proposed rehabilitation, alteration, or enlargement of an historic resource under this section shall comply with the standards set forth in the Secretary of the United States Department of the Interior's Standards for Rehabilitation, which are outlined, in part, below. The standards below are not exclusive, and the applicant shall review and comply with all standards that may apply. If an applicant is proposing to rehabilitate an historic resource where land development approval is required, the land development plan may be treated as a minor subdivision as defined by the Exeter Township Subdivision and Land Development Ordinance.[6] Such classification as a minor subdivision is not applicable if the applicant is proposing additional land development or subdivision as a component of the subdivision and land development plan application. All permits, plans, and applications to rehabilitate an historic resource shall be subject to the review of the Planning Commission and Zoning Officer.

[6]

Editor's Note: See Ch. 330, Subdivision and Land Development.

(2)

Standards for rehabilitation:

(a)

Every reasonable effort shall be made to provide a compatible use for a property that requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose.

(b)

The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

(c)

All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.

(d)

Changes that may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right and this significance shall be recognized and respected. Distinctive stylistic features or examples of skilled craftsmanship that characterize a building, structure, or site shall be treated with sensitivity.

(e)

Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

(f)

Sandblasting and other cleaning methods that will damage the historic resource materials shall not be undertaken.

(g)

Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any project.

(h)

Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural, or cultural material and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment.

(i)

Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.

Demolition of historic resources.

(1)

Demolition permit requirement. In addition to any building, demolition, or other permit required by the Township Zoning Ordinance, the Township Building and Fire Codes, or otherwise, historic resources may be demolished, destroyed, or removed, in whole or in part, only pursuant to an historic resources demolition permit issued by the Township Zoning Officer, upon recommendation by the Planning Commission and pursuant to the applicant satisfying the provisions of this section.

(2)

Application requirements for an historic resources demolition permit. An applicant seeking an historic resource demolition permit shall provide the following information to the Township Zoning Officer for review and consideration with regard to the proposed demolition of the historic resource:

(a)

The name, address, and signature of the owner;

(b)

The classification/designation of the historic resource on the Historic Resources Map;

(c)

A site plan showing all buildings, structures, driveways, natural features, and improvements on the property;

(d)

Recent photographs of the historic resource proposed for demolition;

(e)

The reasons for the demolition;

(f)

A written description of the method of demolition;

(g)

A written description of the proposed future use(s) of the site and for the salvaged materials from the demolished historic resource that will be repurposed; and

(h)

A written description of all efforts undertaken by the applicant to preserve the historic resource.

(3)

In any instance where there is a claim that an historic resource cannot be used for any purpose for which it is, or may be, reasonably adapted, or where a permit application for demolition is based, in whole or in part, on a financial hardship, the applicant shall submit, by affidavit, the information required in Subsection H(5) below (financial analysis). Through the course of the review of an application for an historic resources demolition permit, the Township Planning Commission and/or the Township Zoning Officer may require the applicant to conduct, at the applicant's expense, evaluations or studies reasonably necessary in the sole opinion of the Township to determine whether the historic resource has or may have alternate uses consistent with preservation.

(4)

Zoning Officer determination. Subsequent to the review of the Planning Commission (or the expiration of such time period), the Zoning Officer is authorized to issue, conditionally issue, or deny the permit application in writing. The Zoning Officer shall issue its determination within 30 days after the date of the Planning Commission's recommendation, except as such time period is extended by the applicant. The applicant shall have the right to appeal the Zoning Officer's determination to the Township Zoning Hearing Board as set forth in § 390-96. Additionally, the following guidelines apply:

(a)

No historic resource demolition permit shall be issued unless the applicant establishes that the issuance of the permit is necessary in the public interest, that the historic resource cannot be used for any other purpose for which it is or may be reasonably adapted, or that the maintenance of the historic resource is economically unfeasible in accordance with the economic analysis in Subsection H(5) below. To show that the historic resource cannot be used for any purpose for which it is or may be reasonably adapted, the applicant must demonstrate that it has undertaken bona fide efforts to preserve, sell, rent, or otherwise maintain the historic resource.

(b)

Documentation. Prior to the issuance of an historic resource demolition permit, the Zoning Officer, upon recommendation by the Planning Commission, may require the applicant to provide documentation of the historic resource proposed for demolition. Such documentation may include photographs, floor plans, measured drawings, an archaeological survey, and any other comparable form of documentation to appropriately document the nature of the historic resource to be demolished.

(5)

Financial analysis. In its review of an application to demolish an historic resource, the Township Planning Commission may require the applicant to prepare a financial analysis, which may include any or all of the following:

(a)

The amount paid for the historic resource, date of purchase, and party from whom purchased, including a description of the relationship, whether business or familial, if any, between the current owner and the prior owner;

(b)

The assessed value of the land and improvements thereon according to the most recent tax assessment;

(c)

For depreciable properties, a pro forma financial statement prepared by an accountant or broker of record;

(d)

All appraisals obtained by the owner in connection with its purchase or financing of the historic resource, or during the owner's ownership of the historic resource;

(e)

Bona fide offers for sale or rent of the historic resource, price asked, and offers received, if any;

(f)

Any consideration by the owner as to profitable, adaptive uses for the historic resource and any other practical uses; incentives that could be offered by the Township to preserve the historic resource; and any input from local, state, or federal historic preservation and architectural organizations or agencies; and

(g)

Where relevant, written estimates of the cost(s) of restoration and/or renovation from at least two professional restoration contractors.

(6)

Any costs incurred by the Planning Commission to review plans or studies submitted by the Planning Commission's consultant specifically retained for this purpose shall be reimbursed to the Township by the applicant.

Demolition by neglect. No historic resource shall be demolished by neglect. It shall be the responsibility of the owner to maintain the historic resource to prevent against its demolition by neglect. If the owner lacks the financial capacity to maintain the historic resource, the owner shall notify the Township in writing by letter directed to the Chairperson of the Board of Supervisors so that consideration can be given by the Township to the potential for appropriate preservation and/or adaptive reuse of the historic resource.

Enforcement.

(1)

Fines and penalties. Any person who violates the requirements of this section shall be subject to the enforcement actions, fines, penalties, and causes of action set forth in § 390-89 of this chapter.

(2)

The Township shall withhold issuing any building and/or occupancy permits for a period of one year for a property occupied by an historic resource that was subsequently demolished, either by neglect or by violation or disregard for the provisions of this section.

§ 390-52 Outdoor storage.

Outdoor storage of any type shall not be permitted unless such storage is a part of the normal operations conducted on the premises, subject to requirements of the prevailing zoning district.

§ 390-53 Private airports/heliport.

A special exception is required from the Zoning Hearing Board if a person desires to maintain a private aircraft on his lot. In addition to the information required elsewhere in this chapter, the following information shall be submitted to the Zoning Hearing Board:

(1)

A map of the lot indicating the runway/landing area, necessary approach zone and parking apron;

(2)

A statement indicating the reasons for the need to utilize an aircraft and the flight experience of the applicant;

(3)

A description of the type of aircraft to be used with its stated capacities;

(4)

A statement of the intended use of the aircraft and prospective pilots.

The following standards shall be satisfied:

(1)

There must be a setback called the lateral clear zone extending 500 feet from the center line of the runway/landing area to any lot line;

(2)

No aircraft other than one single-engine propeller-driven aircraft or three-seat helicopter shall be permitted;

(3)

No application shall be approved which does not provide a runway of 1,500 feet, an approach zone of 1,000 feet and a parking apron of 1,000 feet;

(4)

No activities shall be permitted by which any commercial use is made of the aircraft;

(5)

Approval from the Federal Aviation Administration shall be received and all FAA regulations shall be adhered to.

(6)

No night landings shall be permitted;

(7)

No runway/landing area shall be paved or equipped with landing lights unless required by FAA regulations.

§ 390-54 Manufactured and industrialized housing foundation requirements.

Each manufactured or industrialized housing unit shall be provided with a permanent foundation that will not heave, shift, settle or move due to frost action, inadequate drainage, vibration or other forces acting on the foundation. The foundation shall be of adequate size, material and construction so as to be durable and adequate for the support of the maximum anticipated loads during all seasons of the year. All open spaces between the floor and foundation shall be permanently enclosed to prevent unauthorized entry and to conceal supports and utility connections. Every unit shall be anchored to the foundation to prevent overturning or uplift. Manufactured or industrialized housing shall conform to all applicable provisions contained within the Pennsylvania Uniform Construction Code. The application for placement of the units shall be accompanied by specifications for the foundation and anchoring and calculations indicating that the foundation and anchoring are adequate to meet the standards of this section.

§ 390-55 Environmental assessment statement.

Content of environmental assessment statements. The purpose of the assessment is to determine the impact of the project on the existing site, and the resultant changes the proposal will have on the immediate site and surrounding area. In the preparation of this document only factual information, not subjective qualitative statements, shall be presented by the applicant. All sections below shall be addressed:

(1)

Description of the proposal: describe the proposed or recommended action, its purpose, where it is to be located, when it is proposed to take place and its interrelationship with other projects or proposals, including information and technical data sufficient to permit assessment of environmental impact by reviewing agencies.

(2)

Description of the environment: include a comprehensive description of the existing environment without the proposal and the probable future environment with the proposal. This description should focus both on the environmental details most likely to be affected by the proposal and on the broader regional aspects of the environment, including ecological interrelationships. Particular attention should be given to the potential effects of past or present use of the site as a repository of toxic or hazardous wastes.

(3)

The environmental impact of the proposed action: describe the environmental impacts of the proposed action. These impacts are defined as direct or indirect changes in the existing environment, either beneficial or detrimental. Whenever possible, these impacts should be quantified. This discussion should include the impact not only upon the natural environment but upon land as well. Provide separate discussion for such potential impacts as man-caused accidents and natural catastrophes and their probabilities and risks. Specific mention should also be made of unknown or partially understood impacts.

(4)

Mitigating measures included in the proposed action: include a discussion of measures which are proposed to be taken or which are required to be taken to enhance, protect or mitigate impacts upon the environment, including any associated research or monitoring.

(5)

Any adverse effects which cannot be avoided should this proposal be implemented: include a discussion of the unavoidable adverse impact described in Subsection A(3) and (4) above, the relative values placed upon those impacts, and an analysis of who or what is affected and to what degree affected.

(6)

The relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity: discuss the local short-term use of the environment involved in the proposed action in relation to its cumulative and long-term impacts and give special attention to its relationship to trends of similar actions, which would significantly affect ecological trends of similar actions, which would significantly affect ecological interrelationships or pose long-term risk to health and safety. Short-term and long-term do not refer to any fixed time periods, but should be viewed in terms of the various significant ecological and geophysical consequences of the proposed action.

(7)

Any irreversible or irretrievable commitments of resources which would be involved in the proposed action should it be implemented: discuss and quantify, where possible, any irrevocable uses of resources, including such things as resource extraction, erosion, destruction of archaeological or historical sites, elimination of endangered species' habitat and significant changes in land use.

(8)

Alternatives to the proposed action: describe the environmental impacts, both beneficial and adverse, of the various alternatives considered.

Outline considerations for developing environmental assessment statements:

(1)

Description of the proposal:

(a)

Who is proposing the action?

(b)

What is the nature of the action to be taken?

(c)

What is it designed to accomplish? What identified needs will be met and to what degree?

(d)

Where will it take place?

(e)

When will it take place? Indicate phasing of acquisition and development items, if applicable, and timetables for completion.

(f)

How does it fit in with the planning efforts, local agencies, comprehensive plans, etc.?

(2)

Describe the environment:

(a)

What are the present and past land uses of the site and of the surrounding area?

(b)

Comment on any special topographic features which may be present.

(c)

Describe the site's surface and subsurface geologic characteristics.

(d)

Describe the nature of the soils in the area, particularly their fertility and susceptibility to erosion.

(e)

Describe the area's water resources, with specific reference to groundwater, water quality, aquifers and aquifer recharge areas and areas subject of flooding.

(f)

Describe the area's vegetation, including species composition, distribution, commercial utility and aesthetics. Special reference should be made to unusual or unique species.

(g)

Describe the nature of existing transportation routes in the immediate area and the accessibility to the project site.

(3)

Environmental impact of the proposed action:

(a)

What will be the effect on land uses in the area?

(b)

Will the project affect any site listed on the National Register of Historic Places?

(c)

In what way will soils and topography to affected? Consider such things as soil compaction, erosion, exposure of slopes, excavation, creation of unstable slope/soil configurations, cutting and filling, removal of topsoil, paving, loss of existing natural landscape qualities, blockage of view lines to landmarks, blockage of view corridors, etc.

(d)

Will solid wastes be generated? How and where will they be disposed of? Indicate what types and volumes will be generated and how and whether they will be stored prior to disposal and method of disposal. Discuss removal of clearance, demolition and construction wastes.

(e)

How will water resources be affected? Consider the water table, runoff, sewer systems, rivers and streams, water supply, etc. Indicate content of any effluent which will be discharged. Address loss of floodwater absorption capacity in natural absorption areas, effects on stream volume, velocity and seasonal flows, diversions or blockage of surface water, alterations of natural watercourses, introduction or increase of effluents or toxic, hazardous or radioactive substances to runoff or water bodies, effects on aquatic life, any blockage or impairment of access to watercourses, effects on groundwater recharge, release of groundwater supply, withdrawal of groundwater supplies, blockage of groundwater flow, contamination of groundwater supply, effect on water temperatures, sedimentation, changes in levels of water bodies.

(f)

How will vegetation be affected? Discuss the removal of ground cover, loss of valuable local species, loss of wildlife habitat, introduction of vegetation which will spread onto adjacent lands, introduction of exotic vegetation, creation of areas of highly visible, dying or decaying vegetation.

(g)

How will fauna be affected? Consider habitat destruction, reduction of population, impact caused by human intrusion, mobility restrictions, food chains, etc.

(h)

How will transportation routes be affected? Consider congestion, hazards, capacities of affected roads and intersections, traffic to be generated, generation of truck traffic.

(i)

Effect on air quality and ambient noise level? Include what odors will originate; types and concentrations of gases, vapors, particulates and smoke; noise and vibration levels at property lines. Indicate whether heat or glare will be present near property lines and level of heat and/or glare. Indicate levels of electromagnetic radiation at property lines. Indicate effects on local temperatures and wind circulation and whether there are any plants, animals or materials in the area that are particularly susceptible to expected emissions. Indicate the nature, concentration and quantity of radioactive material to be discharged to the environment, pathways for entering the environment, dose to populations and biota and possible concentrations through food chains.

(j)

Describe management practices proposed for the area.

(4)

Mitigating measures included in the proposed action. Discuss actions or measures which will be taken to avoid or alleviate adverse environmental effects. Include reference to erosion control methods and adherence to air, noise or water pollution control techniques and standards.

(5)

Unavoidable adverse effects. If adverse effects have been identified in Subsection B(3) and cannot be mitigated, they should again be identified here. Describe who or what will be affected, and to what degree. Quantify wherever possible.

(6)

Relationship between the local and short-term use of man's environmental and the maintenance and enhancement of long-term productivity. What are the impacts of the proposal in the context of other similar projects. In what way will future generations be affected by the currently proposed action? How do the immediate and long-range impacts of the area with the project compare with the immediate and long-range impacts without the project?

(7)

Any irreversible or irretrievable commitments of resources. Discuss any irrevocable commitments of resources resulting from implementation of the proposal. An evaluation must be made of the extent to which the proposed action curtails or restricts the range of possible resources uses. Such commitments may occur because of resources extraction, erosion, destruction of archeological, geological or historic features, destruction of fragile habitat or endangered species habitat, unalterable changes in land use and resources used in project development.

(8)

Alternatives to the proposed action. Identify alternatives which may be considered, including modification of the present proposal and different approaches to gaining the same result. The beneficial and adverse effects of the alternatives should be discussed, along with the reasons for rejection. Where appropriate, consideration should be given to alternate construction methods which may avoid environmental degradation.

§ 390-56 Forestry controls/timber harvesting controls.

Timber harvesting is permitted as part of a timber harvesting plan, forest management plan or forest stewardship plan, and a timber harvesting permit shall be required for timber harvesting on lot sizes of one acre or greater. A forest is more than a collection of trees. It is a dynamic ecosystem, defined by the interactions of living organisms with their environment. To use this resource wisely requires a broad understanding of the biological processes involved as well as an appreciation for the economic, social, and personal pressures that influence woodlot management decisions. By practicing sound forest management, the owner and community can reap great benefits from the forest: clean water, forest products, wildlife, and aesthetic enjoyment. For these reasons timber harvesting shall be done only in accordance with a forest management plan, a timber harvesting plan or forest stewardship plan prepared by a forester. Timber harvesting under this section shall not be in association with subdivision, land development, or construction activities. Tree removal in association with subdivision, land development, and construction activities is governed by the Exeter Township Subdivision and Land Development Ordinance,[1] as amended, and the Exeter Township Tree Ordinance,[2] as amended. The applicant shall submit the following plans and reports at least 30 days prior to the scheduled start of the timber harvest for review and approval by the Zoning Officer, who may consider recommendations from the Exeter Township Environmental Advisory Council:

[Amended 11-26-2018 by Ord. No. 817]

(1)

Either a timber harvesting plan, a forest management plan or a forest stewardship plan shall be submitted, containing the following elements:

(a)

Ecological considerations.

(b)

Forest health.

(c)

Soil resources.

(d)

Water resources.

(e)

Fauna resources.

(f)

Flora resources.

(g)

Silviculture/timber management.

(h)

Nontimber forest products.

(i)

Infrastructure.

(2)

Methods.

(a)

Timber harvesting shall only be permitted by one of the following methods:

[1]

Improvement cutting;

[2]

Salvage cutting; or

[3]

Single tree selection or group selection method that avoids high grading (i.e., where all trees of high commercial value are selected).

(b)

Clear-cutting is only permitted when the Forestry Bureau's applicable reservation guidelines are followed, and is fully justified by a forester preparing the timber harvesting plan, forest management plan or forest stewardship plan, as the timber harvest method necessary to improve regeneration of a forest.

(3)

A harvested tree inventory report shall be prepared for the area included in the timber harvest. The harvested tree inventory report shall include the number of each species and diameter of trees harvested per acre and will be utilized by the Township to determine replacement tree requirements pursuant to Exeter Township Tree Ordinance, as amended,[3] in the event that a subdivision or land development plan is submitted within five years of the date that a zoning permit is issued to allow the timber harvest.

[3]

Editor's Note: See Ch. 348, Trees.

(4)

An erosion and sedimentation pollution control plan (E&SPC plan) utilizing best management practices (BMPs) designed to prevent erosion and sedimentation during and after the timber harvest operation shall be submitted at the same time the harvested tree inventory report and timber harvest plan, forest management plan or forest stewardship plan is filed. Evidence that the E&SPC plan has been approved by the Berks County Conservation District and/or the PA Department of Environmental Protection shall be submitted to the Zoning Officer prior to start of the timber harvest. The E&SPC plan shall also demonstrate compliance with and incorporate the following requirements:

(a)

All cutting, removing, skidding and transporting of trees shall be planned and performed in such manner as to minimize the disturbance of or damage to other trees and vegetation and the land. The use of skid trails rather than skid roads is encouraged.

(b)

Roads and trails shall be constructed, maintained and abandoned in such manner as to prevent soil erosion and permanent damage to soil and waterways.

(c)

Roads and trails shall be only wide enough to accommodate the type of equipment used, and grades shall be kept as low as possible.

(d)

Where possible, stream crossings shall be avoided but, where deemed necessary, crossings shall be made at a right angle and shall incorporate suitable culverts or bridges.

(e)

Skidding across a live or intermittent stream is prohibited except over bridges and culverts.

(f)

Buffer zones.

[1]

Buffer zones of 25 feet shall be maintained in the property on which the timber harvest is being conducted along all streets and abutting properties. No buffer zone shall be required between forested areas on abutting properties (which properties are not separated by a roadway), however, no tops or slash shall be left on or across a property boundary without the consent of the adjoining landowner.

[2]

Improvement cutting, salvage cutting, single tree selection cutting or group selection cutting may be permitted by the Township Zoning Officer within the twenty-five-foot buffer zone, provided that the applicant demonstrates and agrees to utilize appropriate measures to ensure that:

[a]

Trees shall not be felled such that they land within a public or private roadway without the express written consent of the Township, landowner (in the case of a private roadway) or Pennsylvania Department of Transportation, whichever entity being responsible for the maintenance of such roadway;

[b]

Trees shall not be felled such that they create a public health, safety or welfare concern;

[c]

Adequate erosion and sedimentation controls, measures and practices shall be utilized to prevent increased runoff or forest degradation; and

[d]

Applicant shall be responsible for ensuring that no tops, slash or other debris resultant from the timber harvesting impedes any stormwater management facilities or matriculates into any roadway.

[e]

Buffer zones of 25 feet shall be maintained along any streams and around ponds or springs. Improvement cutting, salvage cutting, single tree selection cutting or group selection cutting may be permitted within the twenty-five-foot pursuant to Subsection A(4)(f) above, subject to the additional restriction that an applicant shall ensure that trees shall not be felled such that they will land within a stream, without the express written consent of the Township and any other necessary outside agency approval; and applicant shall ensure that no tops, slash or other debris resultant from the timber harvesting matriculates into a stream.

[f]

Everything practicable shall be done to prevent damage to young growth and trees not designated for cutting. Bumper trees should be used to protect residual trees.

[g]

All limbs and studs shall be removed from felled trees prior to skidding.

[h]

All trees bent or held down shall be released promptly.

[i]

No trees shall be left lodged in the process of felling.

[j]

Felling or skidding on or across property of others is prohibited without the express written consent of the owners of such property. Felling or skidding on or across streets is prohibited without the express written consent of either Exeter Township for Township streets or the PennDOT for state roads.

[k]

No tops or slash shall be left within 25 feet of any public street right-of-way or adjoining property; within 25 feet of any stream or historic or scenic trail; or within 10 feet of any drainage ditch or floodplain.

[l]

The stumps of all felled trees shall be permitted to remain in the soil for stabilization purposes.

[m]

During periods of abnormal forest fire danger, as determined by the State Fire Marshal, the Township shall have the right to order a suspension of all timber harvesting operations until the danger subsides.

[1]

Editor's Note: See Ch. 330, Subdivision and Land Development.

[2]

Editor's Note: See Ch. 348, Trees.

§ 390-57 Dwelling unit determination.

In determining the maximum number of dwelling units permitted in a townhouse or apartment development or a mobile home park and the maximum number of travel trailer or tent sites permitted in a campground, the permitted maximum gross density shall be multiplied by the net acreage of the apartment or townhouse development, mobile home park or campground. The net acreage is the total acreage of the tract being developed minus the acreage of the tract that contains slopes of 25% or greater, one-hundred-year floodplains, wetlands, utility rights-of-way and road rights-of-way.

§ 390-58 Storage of vehicles.

Automotive vehicles or vehicular dwellings of any type, except agricultural equipment, without current license plates shall not be parked or stored within an RC, AP, R, SR0, SR1, SR2, SR3 or UR District other than in completely enclosed buildings.

In NC, HC, SCC, LI, and GI Districts, automotive vehicles or vehicular dwellings of any type must be stored within completely enclosed buildings unless the vehicles or vehicular dwellings are for sale at a sales agency dealing in automotive vehicles and/or vehicular dwellings or are stored within a junkyard permitted by this chapter.

No tractor-trailer truck, other than a vehicle used in conjunction with a lawful conforming or nonconforming use, shall be stored within an SR0, SR1, SR2, SR3 or UR District unless it is stored within a completely enclosed building.

§ 390-59 Energy systems.

Solar energy systems.

(1)

The use of solar energy systems, including solar collectors, storage facilities, and distribution components, for space heating and cooling and water heating is a permitted accessory use in all zoning districts.

(2)

Solar energy collectors and equipment used for the mounting or operation of such collectors are exempt from the height limitations stated in this chapter.

(3)

Apparatus necessary for the operation of solar energy systems, such as overhangs, moveable insulating walls and roofs, and reflectors may project up to six feet into required yards, provided that they are not located closer than six feet to any lot line.

(4)

Detached solar collectors used solely for such purpose shall be considered permissible accessory structures in all zoning districts, but shall not be included in computing lot coverage.

Small wind energy systems.

(1)

Small wind energy systems shall be a permitted accessory use in all zoning districts where structures of any sort are allowed, subject to certain requirements as set forth in this section. Wind energy systems with a rated capacity of greater than 100kW shall only be permitted as accessory uses to nonresidential uses in the NC Neighborhood Commercial, HC Highway Commercial, SCC Shopping Center Commercial, GI General Industrial and LI Light Industrial Zoning Districts, noting that such uses shall be limited to use for on-site energy consumption and which shall be subject to compliance with the requirements in Subsection B(2) below.

(2)

General requirements.

(a)

Turbine height limitation. For property sizes less than one acre, the turbine height shall be limited to 80 feet. For property sizes of one acre or more, there is no limitation on turbine height, except as imposed by FAA regulations.

(b)

Wind turbines. Only small wind energy systems approved under a small wind certification program recognized by the American Wind Energy Association are permitted. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanishcer Lloyd Winder Energies, or other similar certifying organizations. The small wind energy system must conform to industry standards, including those of the American National Standards Institute.

(c)

Compliance with Uniform Construction Code. To the extent applicable, small wind energy systems shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999, as amended, and the regulations adopted by the Pennsylvania Department of Labor and Industry, building permit applications for small wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base and footings. The applicant must submit an engineering analysis of the tower showing compliance with the Uniform Construction Code certified by a licensed professional engineer.

(d)

Wind turbines shall not be directly affixed to an existing building unless the applicant submits certification from an engineer as to the structural capacity of the building to handle such turbines.

(3)

Controls and braking. All small wind energy systems shall be equipped with a redundant braking system, including aerodynamic overspeed controls (including variable pitch, tip and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.

(4)

Power failure. If a small wind energy system is connected to the grid of an electric utility, the small wind energy system must incorporate controls to automatically cease any transmission of electricity from the small wind energy system to the electric utility grid in the event of a power failure. The approval of such controls must be obtained from the public electric utility provider to which the small wind energy system is connected.

(5)

Compliance with FAA regulations. Small wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.

(6)

Electrical components. All electrical components of the small wind energy system shall conform to the relevant and applicable local, state and national codes, and relevant and applicable international standards. Particularly, building permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code.

(7)

Utility notification. No small wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator and that such utility has approved the same. Off-grid systems shall be exempt from this requirement.

(8)

Inclement weather. All small wind energy systems shall be designed to lower or as a tilt down system in the event of inclement weather.

(9)

Visual appearance; lighting; powerlines.

(a)

Wind turbines shall be coated with a nonreflective, nonobtrusive color.

(b)

Wind turbines shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.

(c)

Wind turbines shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the wind turbine.

(d)

On-site transmission and power lines shall, to the maximum extent possible, be placed underground. Electrical controls and control wiring and powerlines shall be wireless or not above ground except where the wind farm collector wiring is brought together for connection to the transmission or distribution network, adjacent to the network.

(e)

A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations for wind turbines.

(f)

Visible, reflective colored objects, such as flags, reflectors, or tape, shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet.

(10)

Setbacks. The following setbacks and separation requirements shall apply:

(a)

Property lines. Each small wind energy system shall be set back from the nearest property line a distance no less than 1.1 times the turbine height.

(b)

Public roads. Each small wind energy system shall be set back from the nearest public road a distance no less than 1.1 times the turbine height, with the nearest public road a distance no less than 1.1 times the turbine height, with the nearest public road being determined at the nearest boundary of the underlying right-of-way for such public road.

(c)

Communication and electrical lines. Each small wind energy system shall be set back from the nearest aboveground public electric power line or telephone line a distance no less than 1.1 times its turbine height, determined from the existing power line or telephone line.

(d)

There are no setback requirements between wind turbines and other buildings or structures within an individual's property, provided that building and yard setbacks from adjacent properties are met (as are set forth in the area, yard and height regulations applicable to each zoning district). The owner shall accept liability for any damage caused by the small wind energy system.

(11)

Noise. Noise due to small wind energy systems shall not exceed the sound decibel limitations set forth in the Township's Noise Ordinance[1] for any period of time, when measured at a the property line.

[1]

Editor's Note: See Ch. 257, Noise.

(12)

Minimum ground clearance. The blade tip of any wind turbine rotor shall, at its lowest point, have ground clearance of no less than 15 feet.

(13)

Signal interference. The applicant shall minimize or mitigate any interference with electromagnetic communications, such as radio, telephone or television signals, caused by any small wind energy system.

(14)

Safety.

(a)

All wiring between small wind energy systems, wind turbines and the facilities served thereby shall be underground. Small wind energy systems attached to a building will require wiring to be placed in conduits.

(b)

Wind turbine towers shall incorporate methods to prevent unauthorized persons from climbing the same up to 15 feet above ground level. All access to small wind energy systems, including wind turbines and the associated electrical equipment, shall be locked or fenced, as appropriate, to prevent entry by unauthorized persons.

(15)

Insurance. The landowner on whose property a small wind energy system is proposed shall provide the Township with proof of insurance sufficient to cover any personal injury and/or property damage to adjacent property owners or others caused by installation or result of installation. Yearly proof of insurance must be submitted to the Township.

(16)

Decommissioning; removal.

(a)

Should any of the following events occur, the landowner shall be responsible to decommission and remove the small wind energy system:

[1]

If the landowner has ceased use or operation of the system for a period of greater than six months, and, after notice from the Township of the same, the landowner has failed to certify its intent to recommence and to recommence its use or operation of the system within 30 days of receipt of such notice from the Township;

[2]

If the Township, through its Zoning Officer or Codes Enforcement Office, as applicable and appropriate, determines that the system is not compliant with the requirements of this chapter and/or the permit approving the construction of the same; or

[3]

If the system poses a threat to the public health, safety or welfare, which threat is not remedied by the landowner upon notice and within the time period prescribed by the Township.

(b)

In the event that the system poses an immediate threat to the public health, safety or welfare, the Township is authorized to take appropriate steps to decommission the small wind energy system and/or to abate the immediate threat, the costs of which shall be borne by the landowner or, if the landowner refuses to remit payment for the same, may be imposed as a lien against the property.

(c)

Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches and any other associated facilities.

(d)

Disturbed earth shall be graded and reseeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.

(e)

In the event that the landowner does not complete the decommissioning within six months of the occurrence of any of the events set forth in § 390-59(16)(a)[1] through [3], the Township may decommission the system, the costs of which shall be borne by the landowner or, if the landowner refuses to remit payment for the same, may be imposed as a lien against the property.

(f)

The issuance of any building permit for construction of a small wind energy system shall be conditioned upon the landowner, on behalf of itself, its heirs, successors and assigns, agreeing to the Township's entry onto the property to take such action as necessary to remedy an immediate threat to the public health, safety or welfare, or to decommission any system as provided for herein.

§ 390-59.1 Solar energy systems.

[Added 10-14-2019 by Ord. No. 827]

Purpose. The purpose of this § 390-59.1 is to promote the use of solar energy and to provide for the land planning, installation, and construction of solar energy systems in Exeter Township, subject to reasonable conditions that will protect the public health, safety, and welfare.

Applicability.

(1)

This section applies to all applications submitted after the effective date of this section to install and construct new solar energy systems.

(2)

Solar energy systems constructed prior to the effective date of this section shall not be required to meet the requirements of this section.

(3)

All upgrades, modifications, or changes that materially alter the size or placement of an existing solar energy system shall comply with the provisions of this section. A "material" alternation shall mean any change outside of routine maintenance or like-kind replacement of components, or a "material" alteration shall mean any change in size, type or components of an existing solar energy system.

Definitions. The following words, terms and phrases, when used in this section, shall have the following meanings ascribed to them:

ACCESSORY SOLAR ENERGY SYSTEM (ASES)

A solar collection system used to capture solar energy, convert it to electrical energy or thermal power, and supply electrical or thermal power for on-site use only. An accessory solar energy system consists of one or more free-standing ground- or roof-mounted solar arrays or modules or solar-related equipment and is intended to primarily reduce on-site consumption of utility-supplied power or fuels. An ACES shall be located on the same lot as the principal building it serves.

GLARE

The effect produced by light with an intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

PHOTOVOLTAIC (PV)

A semiconductor based device that converts light directly into electricity.

PRINCIPAL SOLAR ENERGY SYSTEM (PSES)

A solar collection system principally used to capture solar energy, convert it to electrical energy or thermal power, and supply electrical or thermal power for off-site use only. Principal solar energy systems consist of one or more free-standing ground- or roof-mounted solar collector devices, solar-related equipment, and other accessory structures and buildings including light reflectors, concentrators, heat exchangers, substations, electrical infrastructure, transmission lines, and other appurtenant structures, occupying at least four acres of land.

SOLAR ARRAY

Two or more solar modules with purpose of harvesting solar energy.

SOLAR CELL

The smallest basic solar electric device which generates electricity when exposed to light.

SOLAR EASEMENT

A right, expressed as an easement, restriction, covenant, or condition contained in any deed, contract, or other written instrument executed by or on behalf of any landowner for the purpose of assuring adequate access to direct sunlight for solar energy systems.

SOLAR ENERGY

Radiant energy (direct, diffuse, and/or reflective) received from the sun.

SOLAR MODULE

Two or more solar cells with the purpose of harvesting solar energy.

SOLAR PANEL

That part or portion of a solar energy system containing one or more receptive cells or modules, the purpose of which is to convert solar energy for use in space heating or cooling, water heating, and/or production of electricity.

SOLAR PHOTOVOLTAIC (PV) SYSTEM

A solar collection system consisting of one or more building- and/or ground-mounted systems, solar photovoltaic cells, panels or arrays and solar-related equipment that rely upon solar radiation as an energy source for collection, inversion, storage and distribution of solar energy for electricity generation. A solar PV system is a generation system with a nameplate capacity of not greater than 50 kilowatts if installed at a residential service or not larger than 3,000 kilowatts at other customer service locations and does not produce excess on-site energy greater than currently permitted by Pennsylvania Public Utility Commission guidelines.

SOLAR SHINGLE

Solar panels that are integrated into the building roof and act as a building material.

SOLAR-RELATED EQUIPMENT

Items including a solar photovoltaic cell, solar module, solar panel, solar array, solar hot air or water collector device panels, lines, pumps, batteries, mounting brackets, framing, foundations or other structures used for or intended to be used for collection of solar energy.

THIN-FILM SOLAR PANEL

Solar panels made by spreading silicon and other solar-producing materials in a very thin layer directly onto a substrate.

Regulations for accessory solar energy systems (ASES).

(1)

Where permitted. ASES shall be permitted in all zoning districts as an accessory use to any lawfully permitted principal use on the same lot upon issuance of the permit pursuant to the requirements of this section and other applicable requirements of this Zoning Ordinance.

(2)

Compliance with industry standards. ASES layout, design, installation, and ongoing maintenance shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI) or Underwriters Laboratories (UL), and shall comply with the PA Uniform Construction Code as enforced by Exeter Township, regulations adopted by the Pennsylvania Department of Labor and Industry, and with all other applicable fire and life safety requirements. The manufacturer specifications for the key components of the system shall be submitted as part of the permit application.

(3)

Installers. ASES installers must demonstrate they are listed as a certified installer on the PA Department of Environmental Protection's (DEP) approved solar installer list (accessible at https://www.dep.pa.gov/Citizens/Go Green PA/Pages/default.aspx) or are electrical contractors with license and insurance requirements accepted by Exeter Township.

(4)

Maintain in good working order. Upon completion of installation, the ASES shall be maintained in good working order in accordance with standards of Exeter Township and any other codes under which the ASES was constructed as listed under § 390-59.1D(2). Failure of the property owner to maintain the ASES in good working order is grounds for Exeter Township to exercise any power granted to it under law or equity to remedy the property owner's failure.

(5)

Underground requirements. All on-site utility, transmission lines, and plumbing shall be placed underground to the extent feasible.

(6)

Utility notification. The owner of an ASES shall provide Exeter Township written confirmation that the public utility company to which the ASES will be connected has been informed of the customer's intent to install a grid connected system. Off-grid systems shall be exempt from this requirement.

(7)

Signage. The display of advertising is prohibited except for reasonable identification of the manufacturer of the system. Said information shall be depicted within an area no more than 36 square inches in size.

(8)

Glare.

(a)

All ASES shall be placed such that concentrated solar radiation or glare does not project onto nearby structures or roadways.

(b)

The applicant has the burden of proving that any glare produced does not have significant adverse impact on neighboring or adjacent uses either through siting or mitigation.

(9)

Decommissioning.

(a)

Each ASES and all solar-related equipment shall be removed within six months of the date when the use has been discontinued or abandoned by system owner and/or operator, or upon termination of the useful life of same.

(b)

The ASES shall be presumed to be discontinued or abandoned if no electricity is generated by such solar collector for a period of 12 continuous months.

(c)

The ASES owner shall, within 15 days of Exeter Township's written request, provide information concerning the amount of energy generated by the ASES in the preceding 12 months.

(10)

Permit requirements.

(a)

Building permit applications shall document compliance with this section and shall be accompanied by detailed drawings to scale showing the location of the system on the building or property, including property and setback lines. Permits shall be kept on the premises where the ASES is constructed.

(b)

The building permit shall be revoked if the ASES, whether new or pre-existing, is moved or otherwise altered, either intentionally or by natural forces, in a manner which causes the ASES not to be in conformity with this section.

(c)

The ASES must be properly maintained and be kept free from all hazards, including, but not limited to, faulty wiring, loose fastenings, or unsafe conditions, and shall not be detrimental to public health, safety, or the community's general welfare. In the event of a violation of any of the foregoing provisions, the Zoning Officer shall give written notice specifying the violation to the owner of the ASES to conform or to remove the ASES.

(d)

Prior to the issuance of a zoning/building permit, applicants must acknowledge in writing that the issuing of said permit does not create the right to prohibit the development on or growth of any trees or vegetation on adjoining properties.

(e)

Routine maintenance or like kind replacements do not require a permit.

(11)

Roof-mounted and wall-mounted accessory solar energy systems.

(a)

Location.

[1]

A roof-mounted or wall-mounted ASES may be located on a principal or accessory building. Roof-mounted solar panels may be located on front, rear or side-facing roofs as viewed from any adjacent street:

(b)

Setback.

[1]

Wall-mounted ASES shall comply with the setbacks for principal and accessory structures in the underlying zoning districts.

[2]

Solar panels shall not extend beyond any portion of the roof edge.

(c)

Height.

[1]

For ASES installed on a sloped roof, the highest point of the system shall not exceed the highest point of the roof to which it is attached.

[2]

For ASES installed on a sloped roof that faces the front yard of a lot, the system must be installed at the same angle as the roof on which it is installed with a maximum distance, measured perpendicular to the roof, of 18 inches between the roof and highest edge or surface of the system.

[3]

For ASES installed on a flat roof of a building that conforms to the building height requirement of the underlying zoning district, the highest point of the system shall be permitted to extend up to six feet above the roof to which it is attached but shall not exceed the maximum permitted building height of the underlying zoning district.

(d)

Code compliance. For roof- and wall-mounted systems, the applicant shall provide evidence that the plans comply with the Uniform Construction Code and the building and fire codes adopted by Exeter Township and that the roof or wall is capable of holding the load imposed on the structure. Applications for roof- and wall-mounted ASES shall be accompanied by plans stamped by an structural engineer licensed by the Commonwealth of Pennsylvania that demonstrate the structural sufficiency of the structure to hold the weight of the ASES.

(e)

Nonconformance.

[1]

If a roof-mounted or wall-mounted ASES is to be installed on any building or structure that is nonconforming because its height violates the height restrictions of the zoning district in which it is located, the ASES shall be permitted so long as the ASES does not extend above the peak or highest point of the roof to which it is mounted and so long as it complies with the other provisions of this section. This provision does not apply to nonconforming flat roofs where a roof-mounted ASES would make the structure more nonconforming.

[2]

If a roof-mounted or wall-mounted ASES is to be installed on a building or structure on a nonconforming lot that does not meet the minimum setbacks required and/or exceeds the lot coverage limits for the zoning district in which it is located, the ASES shall be permitted so long as there is no expansion of any setback or lot coverage nonconformity and so long as it complies with the other provisions of this section.

(f)

Fire safety.

[1]

Proper access from all roof edges, along roof ridgelines and from roof hips and valleys shall be provided so as not to impede firefighter safety, to ensure firefighters may access the roof in a quick and safe manner and to allow available space for firefighters to penetrate the roof to create ventilation.

[2]

A solar utility rapid shutdown switch, or disconnect, is required and shall be mounted on the outside of a building within five feet of the utility meter. The disconnect shall have proper labeling.

(12)

Ground-mounted accessory solar energy systems.

(a)

Setbacks.

[1]

The minimum yard and building setbacks from side and rear property lines shall be equivalent to the accessory structure setback in the underlying zoning district.

[2]

A ground-mounted ASES is permitted based on the requirements for accessory uses or structures in the property's zoning district.

(b)

Height.

[1]

Freestanding ground-mounted ASES shall not exceed the maximum accessory structure height in the underlying zoning district.

[2]

A ground-mounted ASES may exceed the applicable maximum accessory structure height if it will cover an impervious surface parking area. Height may not exceed the height of the primary structure that the parking area serves. Minimum height of the parking canopy must allow clearance for emergency service and service vehicles.

(c)

Coverage.

[1]

The area beneath the ground-mounted ASES is considered pervious cover. However, use of impervious construction materials under the system shall cause the area to be considered impervious and subject to the impervious surfaces limitations for the underlying zoning district.

[2]

The area containing the ground-mounted ASES shall be considered impervious of it is composed entirely of thin-film solar panels.

[a]

If a ground-mounted ASES is composed entirely of thin-film solar panels, the panels must be placed atop a geomembrane liner.

[3]

The total surface area of the arrays of ground-mounted ASES on the property shall not exceed more than 15% of the lot area.

[4]

If the impervious area created by the ground-mounted ASES construction material and supporting structures, excluding freestanding solar panel surface area, is greater than 500 square feet, the applicant shall submit a stormwater management plan that demonstrates compliance with the municipal stormwater management regulations.

(d)

Safety/warning signage. Appropriate safety/warning signage concerning voltage shall be placed at ground-mounted electrical devices, equipment, and structures. All electrical control devices associated with the ASES shall be locked to prevent unauthorized access or entry.

(e)

Location restrictions. Ground-mounted ASES shall not be placed within any legal easement or right-of-way location, or be placed within any stormwater conveyance system or in any other manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system.

(f)

Nonconformance. If a ground-mounted ASES is to be installed on a lot containing a structure that is nonconforming because the required minimum setbacks are exceeded, the proposed system shall be permitted so long as the system does not encroach into the established setback for the lot. If a ground-mounted ASES is to be installed on a lot that is nonconforming because it violates zoning district requirements other than setbacks, then a variance must be obtained for the proposed installation.

(g)

Fire safety. A solar utility rapid shutdown switch, or disconnect, is required and shall be mounted on the outside of a building within five feet of the utility meter. The disconnect shall have proper labeling.

Regulations for principal solar energy systems (PSES).

(1)

Exemptions. PSES constructed prior to the effective date of this section shall not be required to meet the requirements of this section. Any physical modification to an existing PSES, whether or not existing prior to the effective date of this section, that materially alters the PSES shall require approval under this section.

(2)

Where permitted. PSES shall be permitted by conditional use in the RC, R, AP, LI, FI and GI Zoning Districts.

(3)

Compliance with industry standards. The PSES layout, design, and installation shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI) or Underwriters Laboratories (UL), and shall comply with the PA Uniform Construction Code as enforced by Exeter Township, regulations adopted by the Pennsylvania Department of Labor and Industry, and with all other applicable fire and life safety requirements. The manufacturer specifications for the key components of the system shall be submitted as part of the permit application.

(4)

Installers. PSES installers must demonstrate they are listed as a certified installer on the PA Department of Environmental Protection's (DEP) approved solar installer list (accessible at https://www.dep.pa.gov/Citizens/Go Green PA/Pages/default.aspx) OR are electrical contractors with license and insurance requirements accepted by Exeter Township.

(5)

Maintain in good working order. Upon completion of installation, the PSES shall be maintained in good working order in accordance with standards of Exeter Township and any other codes under which the PSES was constructed as listed under § 390-59.1E(3). Failure of the owner to maintain the PSES in good working order is grounds for Exeter Township to exercise any power granted to it under law or equity to remedy the property owner's failure.

(6)

Underground requirements. All on-site transmission and plumbing lines shall be placed underground to the extent feasible.

(7)

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

(8)

Signage. 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.

(9)

Glare.

(a)

All PSES shall be placed such that concentrated solar radiation or glare does not project onto nearby structures or roadways.

(b)

The applicant has the burden of proving that any glare produced does not have significant adverse impact on neighboring or adjacent uses either through siting or mitigation.

(10)

Noise study. Noise shall not exceed the limits stated in Chapter 257, as amended.

(11)

Tree and landscaping removal. Tree removal is governed by Chapter 348, as amended.

(12)

Contact information. The PSES owner and/or operator shall maintain a phone number and identify a person responsible for the public to contact with inquiries and complaints throughout the life of the project. The PSES owner and/or operator shall make reasonable efforts to respond to the public's inquiries and complaints. The PSES owner/and or operator shall provide to Exeter Township this contact information and shall ensure that it is kept up to date through the life of the project.

(13)

Decommissioning.

(a)

The PSES owner is required to notify Exeter Township immediately upon cessation or abandonment of the operation. The PSES shall be presumed to be discontinued or abandoned if no electricity is generated by such system for a period of 12 continuous months.

(b)

The PSES owner shall then have 12 months in which to dismantle and remove the PSES including all solar-related equipment or appurtenances related thereto, including, but not limited to, buildings, cabling, electrical components, roads, foundations, and other associated facilities from the property. The owner shall also restore the land to its original condition, including forestry plantings of the same type/variety and density as the original. If the owner fails to dismantle and/or remove the PSES and restore the land within the established time frames, Exeter Township may complete the decommissioning and land restoration at the owner's expense.

(14)

Permit requirements.

(a)

Building permit applications shall document compliance with this section and shall be accompanied by detailed drawings to scale showing the location of the PSES on the property, including, at a minimum, setbacks and property lines. Permits shall be kept on the premises where the PSES is constructed.

(b)

PSES shall comply with Exeter Township's zoning and subdivision and land development requirements. The installation of PSES shall be in compliance with all applicable permit requirements, codes, and regulations.

(c)

The PSES owner and/or operator shall repair, maintain and replace the PSES and related solar equipment during the term of the permit in a manner consistent with industry standards as needed to keep the PSES in good repair and operating condition.

(d)

Prior to the issuance of a building permit, PSES applicants must acknowledge in writing that the issuing of said permit shall not and does not create the right to prohibit the development on or growth of any trees or vegetation on adjoining properties.

(e)

Routine maintenance or like-kind replacements do not require a permit.

(15)

Ground-mounted principal solar energy systems.

(a)

Lot size: at least four acres in size.

(b)

Setbacks.

[1]

PSES shall comply with the setbacks for principal structures in the underlying zoning district; and

[2]

Shall be placed a minimum of 20 feet from adjacent residential districts or structures. If the setback requirements from residential districts or structures required by the underlying zoning district exceed 20 feet, the stricter requirement shall apply.

(c)

Height. Ground-mounted PSES shall comply with the accessory building height restrictions for the underlying zoning district.

(d)

Coverage.

[1]

The area beneath the ground-mounted PSES is considered pervious cover. However, use of impervious construction materials under the system shall cause the area to be considered impervious and subject to the impervious surfaces limitations for the underlying zoning district.

[2]

The area containing the ground-mounted PSES shall be considered impervious if it is composed entirely of thin-film solar panels.

[a]

If a ground-mounted PSES is composed entirely of thin-film solar panels, the panels must be placed atop a geomembrane liner.

[3]

The PSES shall not exceed the maximum lot coverage requirements of the underlying zoning district.

[4]

If the impervious area created by the PSES construction material and supporting structures, excluding freestanding solar panel surface area, is greater than 500 square feet, the applicant shall submit a stormwater management plan that demonstrates compliance with the municipal stormwater management regulations.

[5]

PSES owners are encouraged to use low-maintenance and low-growing vegetative surfaces under the system as a best management practice for stormwater management.

(e)

Screening. Ground-mounted PSES shall be screened from adjoining residential uses or zones according to the standards found in §§ 390-31 and 390-34 of the Exeter Township Zoning Ordinance.

(f)

Agricultural Zoning Districts. In Agricultural Zoning Districts (RC, R, AP), no more than 50% of the entire area for development shall consist of Class I and Class II prime agricultural soils.

(g)

Location restrictions. Ground-mounted PSES shall not be placed within any legal easement or right-of-way location, or be placed within any stormwater conveyance system or in any other manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system.

(h)

Security.

[1]

All ground-mounted PSES shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate and shall comply with Exeter Township subdivision and land development requirements.

[2]

A clearly visible warning sign informing individuals of potential voltage hazards shall be placed at the base of all pad-mounted transformers, substations, and on the fence surrounding the PSES.

(i)

Access.

[1]

At a minimum, a twenty-foot-wide access road must be provided from a state or Township roadway into the site.

[2]

Access to the PSES shall comply with the municipal access requirements in the Subdivision and Land Development Ordinance.[1]

[1]

Editor's Note: See Ch. 330, Subdivision and Land Development.

(j)

Lighting. The ground-mounted PSES shall not be artificially lighted except to the extent required for safety or applicable federal, state, or local authority.

(k)

Earth disturbance. If a ground-mounted PSES is removed, any earth disturbance resulting from the removal must be graded and reseeded [see § 390-59.1E(13)].

(16)

Inspection, safety, and removal.

(a)

The Township reserves the right to inspect a solar PV system for building or fire code compliance and safety.

(b)

If upon inspection the Township determines that a fire code or building code violation exists, or that the system otherwise poses a safety hazard to persons or property, the Township may order the property owner to repair or remove the system within a reasonable time. Such an order shall be in writing, shall offer the option to repair, shall specify the code violation or safety hazard found, and shall notify the property owner of his or her right to appeal to the Board of Supervisors within 30 days of receipt of the notice.

(c)

If a property owner fails to repair or remove a solar PV system as ordered, and any appeal rights have been exhausted, the Township may enter the property; remove the system; charge the property owner for all costs and expenses associated with removal, including, but not limited to, reasonable legal fees and consultant fees; and/or or pursue other legal action to have the system removed at the property owner's expense.

(d)

In addition to any other available remedies, any unpaid costs resulting from the Township's removal of a vacated, abandoned, or decommissioned solar PV system shall constitute a lien upon the property against which the costs were charged. The Township shall have the right to institute appropriate action for the recovery of such cost, including, but not limited to, filing of municipal claims pursuant to 53 P.S. § 7107 et seq., for the cost of such work, 6% interest per annum on unpaid amounts, a penalty of 5% of the amount due, and any and all legal fees and costs incurred by the Township in connection with the removal work, the demand for payment, and the filing of the Township's claim.

§ 390-60 Open space/conservation development.

Open space/conservation development shall be a use permitted by right in R, RC, SR0, SR1, SR2, SR3 and UR Zoning Districts. Conventional residential subdivision of lands in excess of 10 acres shall be permitted only by conditional use. Conventional residential subdivision of land less then 10 acres in size shall be a use permitted by right.

The following requirements are applicable to open space/conservation development in the above-mentioned zoning districts.

(1)

A ten-acre minimum tract size is required.

(2)

Public sanitary sewage disposal and public water supply is required or an alternative means provided if designed, constructed, owned, maintained and accepted by the municipal authority and/or public utility.

(3)

A maximum impervious coverage of 35% is permitted as applied to the gross tract area.

(4)

A minimum of 50% of the lot area shall be provided as open common space as follows:

(a)

One hundred percent of environmentally sensitive lands [see Subsection B(6)(a)] shall be included within the common open space.

(b)

Open space acreage requirement of the Subdivision and Land Development Ordinance shall be provided in addition to the fifty-percent common open space requirements unless a fee in lieu of open space option specifically for the Subdivision and Land Development Ordinance open space requirement is pursued.

(5)

Residential unit type permitted shall be in accord with unit type or unit types permitted within the respective residential zoning district in which the open space/conservation development is proposed.

(a)

Estate lots, meeting the following standards, shall be permitted:

[1]

A minimum size of five acres of which a maximum of one acre may be developed with a single-family detached dwelling and customary accessory uses. Only the undeveloped portion of the estate lot may be used to meet the open space requirement of Subsection B(4).

[2]

The one acre of the estate lot that may be developed shall include any portion of the site not left in its natural state or used for agricultural purposes: all dwellings, accessory building and structure, paved areas, lawns and gardens, etc.

[3]

The developed area of the lot shall meet the setback standards of the applicable zoning district.

[4]

Estate lots shall be restricted by permanent easement against further subdivision.

[5]

Dwellings on estate lots shall be counted toward the maximum density permitted on a tract.

[6]

Dwellings shall not encroach on environmentally sensitive area, and should not infringe upon scenic views from exterior roads or from the housing.

(6)

The number of residential dwelling units permitted shall be determined as follows:

(a)

Total acreage associated with environmentally sensitive lands prevalent on the tract, specifically areas associated with watercourses, ponds, wetlands, one-hundred-year floodplains, steep slopes in excess of 25%, and total acreage required for utility/water/sewer rights-of-way and/or easements, and on-site sewage disposal and/or water supply facilities, shall be subtracted from the gross tract area to arrive at the total buildable area. An additional 10% of the remaining acreage shall be subtracted for street rights-of-way.

(b)

Acreage associated with the total buildable area of the tract shall be divided by the by the minimum lot size requirements of the respective residential unit type within the respective residential zoning district in which open space/conservation development is proposed to arrive at the total number of dwelling units permitted.

(c)

A site analysis plan shall be required as part of the preliminary plan submission. The site analysis plan shall provide the following information on existing site conditions:

[1]

Topography;

[2]

Soils and geology;

[3]

Watercourses, ponds, streams;

[4]

Wetlands;

[5]

One-hundred-year floodplain;

[6]

Steep slopes of 15% to 25%;

[7]

Steep slopes over 25%;

[8]

Woodlands;

[9]

Streets and rights-of-way;

[10]

Utility rights-of-way and easements; and structures, buildings, utilities and land use.

(d)

The site analysis plan shall include the following plan notes:

[1]

Gross tract area;

[2]

Area of environmentally sensitive lands; and

[3]

Total buildable area.

(7)

Area and bulk regulations for an open space/conservation development shall be provided in accord with the following:

(a)

Minimum lot size requirements.

[1]

Minimum lot size provided per residential dwelling unit shall be established by the developer in accord with respective residential dwelling type, architectural style and the minimum front yard, side yard and rear yard setback requirements of Subsection B(7)(b).

[2]

Provision of an individual lot per residential dwelling unit is not required for condominium developments. However, minimum front yard, side yard and rear yard setback requirements shall be met as if individual lots had been created. Minimum side yard and rear yard setbacks function as minimum separation distances between residential dwelling units.

[3]

Individual lots and/or side yard and rear yard setbacks shall not encroach upon common open space acreage.

(b)

Minimum front yard, side yard and rear yard setback requirements:

[1]

A minimum front yard setback of 30 feet is required.

[2]

A minimum side yard setback of 10 feet is required.

[3]

A minimum rear yard setback of 40 feet is required.

(c)

Other setback requirements. All buildings shall be set back a minimum distance of 100 feet from all tract boundaries.

(d)

One hundred percent of all dwelling units shall each have a minimum of 25 feet of lot line that directly abuts upon the common open space area. At least 50% of the lot line shall abut the open space.

(e)

The area devoted to common open space shall be comprised of areas not less than 50 feet in width and shall not contain less than one contiguous acre of land. In addition, there shall be at least one designated common area within the development containing no less than 30% of the required open space.

(f)

All residential dwelling units shall obtain vehicular access from streets proposed as part of the open space/conservation development. No proposed residential dwelling unit shall obtain direct vehicular access from existing municipal and/or state roads.

(8)

Streets shall be designed and constructed in accord with public road standards of the municipality regardless if streets are to be public or private. Curbs, sidewalks, streetlights and street trees shall be provided in accord with municipal standards.

(9)

Buffer yard requirements:

(a)

A thirty-foot wide buffer yard shall be provided along the front, side and rear tract boundaries.

(b)

Common open space proposed that is situated either between existing municipal and/or state roads and proposed residential dwelling units or between existing developed lands and proposed residential dwelling units does not negate the buffer yard requirement to screen residential dwelling units from adjoining roads or existing development.

(c)

The buffer yard shall be measured from the street right-of-way line in those circumstances that the tract and/or individual lot abuts upon a public or private street. The buffer yard shall be measured from the side and rear property line if the side or rear property line does not coincide with a public or private street.

(d)

The buffer yard is required even if boundary or street right-of-way corresponds with lands or streets within an adjoining municipality.

(e)

If a district boundary is coincident with the center line of a public and/or private street the buffer yard shall be measured from the street right-of-way line.

(f)

The buffer yard may be coterminous with the required yards and in case of conflict, the larger yard requirements shall apply.

(g)

A thirty-foot wide buffer yard shall contain a minimum fifteen-foot wide planting strip that extends the full length of the buffer yard along all boundary lines or street right-of-way lines as required. This planting strip shall be landscaped in accord with this chapter. The fifteen-foot wide planting strip may meander within the thirty-foot wide buffer yard. The entire width of the buffer yard may be utilized for plant material if so desired.

(h)

In all buffer yards, the area not within the fifteen-foot wide planting strip shall be planted with grass sod or ground cover and shall be maintained and kept clean of all debris, rubbish, weeds and tall grass, except as specifically regulated otherwise by this chapter.

(i)

No structure, manufacturing or processing activity, or material storage shall be permitted within the thirty-foot wide buffer yard. Off-street parking and access drives may extend within the thirty-foot wide buffer yard by 15 feet unless otherwise prohibited by other regulatory requirements of this chapter.

(j)

All buffer yard landscape planting requirements shall be in accord with regulations contained herein.

(k)

Quantity and characteristics of plant material required shall be determined as follows:

[1]

For the determination of quantity of plant material to be utilized consider three rows of plant material, with plant material staggered 10 feet on center in each row with each row five feet apart.

[2]

A combination of separation distances may be utilized depending upon the plant material selected by the owner. The quantity and characteristics of required plant material shall be required as a minimum regardless of the desired plant spacing. Increased spacing between plant materials may precipitate the need to expand the width of the planting strip in order to accommodate the plant materials.

[3]

The buffer shall consist of a minimum 20% deciduous trees and shrubs, 10% flowering trees and shrubs and 70% evergreen trees and shrubs. The 70% of the buffer comprised of evergreen trees and shrubs shall be equally divided among the evergreen species selected.

[4]

No more than 40% of the plant material may be shrubs except as otherwise permitted.

[5]

Deciduous and evergreen hedge plant material may be incorporated within the buffer yard.

(l)

Plant material may be arranged in a more natural configuration within the buffer yard.

(m)

The use of earthen berms as part of the buffer yard is strongly encouraged. Earthen berms may undulate both horizontally and vertically to achieve a natural effect.

(n)

The buffer yard planting shall be maintained permanently and any plant material which is determined not to be living, diseased, or in poor condition shall be replaced within 30 days of notification, season permitting.

(o)

The buffer yard planting may be broken at points of vehicular or pedestrian access.

(p)

The buffer yard shall not obscure required sight distance requirements.

(10)

Use of common open space shall be in accord with the following:

(a)

Woodland preserve, game preserve, wildlife sanctuary, or other similar conservation use;

(b)

Agricultural uses, including horticulture and raising of crops. No structures or retail sales are allowed on the property. Intensive agricultural uses, including concentrated animal feeding operations are specifically prohibited;

(c)

Stables, paddocks and pastureland for grazing of horses solely for noncommercial recreational purposes to be used exclusively by residents of the development and their guests. All other types of farm animals are specifically prohibited. Equestrian facilities shall be permitted but may not consume more than 50% of the minimum required common open space acreage;

(d)

Conservation of land in its natural state such as woodlands, meadows and/or fallow fields;

(e)

Forestry with established best management practices for selective harvesting and sustained-yield forestry;

(f)

Neighborhood open space uses such as village greens, commons, picnic areas, community gardens and similar low-impact passive recreational uses;

(g)

Water supply and sewage disposal systems, including alternate sites and stormwater management provisions (excluding easements for drainage, access, sewer or water lines) designed, landscaped, and available for use as an integral part of the common open space acreage;

(h)

Active noncommercial and non-municipally owned recreation areas, such as ball fields, playgrounds, tot lots, ball courts, or bikeways and their associated acreage may be attributable toward the 50% common open space requirement;

(i)

Underground utility rights-of-way or easements proposed in conjunction with the open space/conservation development. Area associated with rights-of-way or easements for existing underground utilities or existing overhead utilities are excluded from open space area requirements.

(11)

The designated open space land and associated facilities may be held in common ownership by a homeowners' association. The association shall be formed and operated under the following provisions:

(a)

The developer shall provide the Township with a description of the association, proof of incorporation of the association, a copy of its bylaws and satisfactory proof of adoption thereof, a copy of the declaration of covenants, easements or restrictions or similar document(s) regulating the use of the property and setting forth methods for maintaining the open space.

(b)

The association shall be organized by the developer and operated with financial subsidization from the developer before the sale of any lots within the development.

(c)

Membership in the association shall be mandatory for all purchasers of homes therein and their successors. The conditions and timing of transferring control of the association from developer to the homeowners shall be identified.

(d)

The association shall be responsible for maintenance and insurance on open space owned by the association, enforceable by liens place by the homeowners' association. Maintenance obligations also may be enforced by the Township, which may place liens to recover its costs. Any governmental body with jurisdiction in the area where the development is located may place liens on the owners of the open space to collect unpaid taxes.

(e)

The members of the association shall share equitably the costs of maintaining open space owned by the association. Shares shall be defined within the association bylaws or declaration. Association dues shall be structured to provide for both annual operating costs and to cover projected long-range costs relating to the repair of any capital facilities (which shall be deposited in a sinking fund reserved for just such purposes).

(f)

In the event of a proposed transfer, within the methods here permitted, of open space by the homeowners' association, or of the assumption of maintenance of such land by the Township, notice of such action shall be given to all members of the association.

(g)

The association shall have or hire adequate staff to administer common facilities and to properly and continually maintain the open space.

(h)

The homeowners' association may lease open space lands to any other qualified person or corporation for operation and maintenance of such lands, but such a lease agreement shall provide:

[1]

That the residents of the development shall at all times have access to the open space lands contained therein (except that access to land that is actively farmed shall be limited to times of the year when the fields are fallow);

[2]

That the open space lands to be leased shall be maintained for the purposes set forth in this chapter; and

[3]

That the operation of open space facilities may be for the benefit of the residents only, or may be open to the residents of the Township, at the election of the developer and/or homeowners' association, as the case may be.

(12)

Covenants and restrictions shall be established in accord with the following requirements. The following information shall be provided within any covenants and/or association documents. Ownership, administration, maintenance and use provisions associated with any and all commonly held amenities and facilities of a subdivision and/or land development shall be identified within a homeowner's association document, condominium association document or management association document. This information shall be submitted to the municipality for review and approval in conjunction with subdivision and/or land development plan submission. The document shall contain the following information at a minimum:

(a)

Declaration of covenants.

[1]

The declaration of covenants, grants of easement, conditions and restrictions shall state the requirement of mandatory membership for all residents of a development in a residents' association, if such an association is to be created for ownership, administration and maintenance of any and all commonly held amenities and facilities.

[2]

Declaration of covenants shall include, but shall not be limited to, the following:

[a]

Parties to the declaration.

[b]

Effective date of declaration.

[c]

Definition of terms used in the declaration.

[d]

Establishment of an association (if applicable).

[e]

Property rights of the landowner and of individual owners of property in any and all lands included within the limits of the subdivision or land development.

[f]

Title to commonly held amenities and facilities including open space and recreational areas and infrastructure.

[g]

Covenants, restrictions and use provisions associated with the commonly held amenities and facilities, including open space and recreational areas and infrastructure.

[h]

Membership and voting rights of developer and of residents and/or property owners in the association, if applicable.

[i]

Rights of tenants or lessees.

[j]

Covenant for maintenance agreement for all commonly held amenities and facilities, including open space and recreational areas and infrastructure.

[k]

Responsibility of owners of property concerning maintenance of individual property.

[l]

Assessments for maintenance and special assessments.

[m]

Collection of maintenance and special assessments.

[n]

Exemptions from assessment.

[o]

Architectural controls.

[p]

Party wall agreements, where applicable.

[q]

Exterior maintenance, including necessary enforcement of maintenance provisions.

[r]

Stage developments, including rights of all owners of property in all developed areas.

[s]

Number of occupants in an apartment unit and in townhouse unit based on number of bedrooms in the dwelling unit.

[t]

Rights and responsibilities of the municipality.

(b)

Articles, certificates and bylaws of association, including:

[1]

Name of association.

[2]

Organizational outline of association.

[3]

Date, time and place for association meetings.

[4]

Means of notification of meetings.

[5]

Constitution of quorum for a meeting.

[6]

Method of election and terms of office for officers.

[7]

Board of Directors of association.

[8]

Powers, duties and responsibilities of officers and of the board of directors of association.

[9]

Date, time and place of meetings of board of directors.

[10]

Record of association and of board of directors and means of public access to the records.

[11]

Levying and collecting of assessments called for in declaration of covenants, conditions and restrictions.

[12]

Membership and voting rights of developer and residents in association.

[13]

Copies of any and all other restrictions which will run with the land and will become covenants in the deeds of the lots.

(c)

Ownership, maintenance, use provisions and use restrictions associated with the common open space shall be identified.

(13)

Utilities shall be designed and constructed in accord with requirements of the applicable authority. All utilities shall be underground.

(14)

Management, maintenance and ownership of open space.

(a)

The developer shall provide written agreements, satisfactory to the Board of Supervisors, for the perpetual preservation of the open space.

(b)

The developer shall make arrangements, provisions or agreements to ensure that the common open space shall continue to be adequately managed and maintained.

(c)

The developer shall have the following options for ownership, management, and maintenance of the common open space:

[1]

Retain ownership and responsibility for the management and maintenance.

[2]

Dedicate the land to a homeowners' association that includes all of the residents of the development.

[3]

Convey the land to a land trust or similar nonprofit organization whose purpose is to hold property in perpetuity for preservation purposes. Endowments for ongoing maintenance and other ownership expenses, if required, shall be the sole responsibility of the developer.

(15)

Maintenance standard.

(a)

The ultimate owner of the open space shall be responsible for raising all monies required for operations, maintenance or physical improvements to the open space through annual dues, special assessments, etc. The homeowners' association shall be authorized under its bylaws to place liens on the property of residents who fall delinquent in payment of such dues, assessments, etc.

(b)

In the event that the association or any successor organization shall, at any time after establishment of a development containing undivided open space, fail to maintain the undivided open space in reasonable order and condition in accordance with the development plan, the Township may serve written notice upon the owner of record, setting forth the manner in which the owner of record has failed to maintain the undivided open space in reasonable condition.

(c)

Failure to adequately maintain the undivided open space in reasonable order and condition constitutes a violation of this chapter. The Township is hereby authorized to give notice, by personal service or by United States mail, to the owner or occupant, as the case may be, of any violation, directing the owner to remedy the same within 20 days.

(d)

Should any bill or bills for maintenance of undivided open space by the Township be unpaid by November 1 of each year, a late fee of 15% shall be added to such bills and a lien shall be filed against the premises in the same manner as other municipal claims.

§ 390-61 Resubdivision.

A resubdivision within 10 years of a previous subdivision is discouraged and shall be carefully reviewed in accordance with SALDO to assure that all appropriate standards set forth in this chapter are maintained.

§ 390-62 Portable toilets.

All buildings and uses generating sewage shall be connected to public sewers if they are within 150 feet of said public sewers, or to approved, permitted and functioning on-site septic treatment systems if beyond 150 feet of public sewers.

Portable toilets shall be allowed only as follows:

(1)

At construction sites for the use of workers while on site.

(2)

Special events such as parades, inaugurations, etc.

(3)

Municipal use.

(4)

Seasonal use.

§ 390-63 Bed-and-breakfast.

The bed-and-breakfast shall remain incidental and secondary to the principal use of the buildings as a dwelling.

The operator of a bed-and-breakfast shall reside in the dwelling house of said facility. Nonresident employees shall be restricted to two in addition to the resident members of the family.

A maximum of six bedrooms shall be devoted to the bed-and-breakfast use.

Exterior and interior alterations shall be limited to those customarily associated with residential use or those which may be required by the Pennsylvania Department of Labor and Industry or for safety reasons as required by another government agency. Fire escapes, external stairways, or additional external doors shall be located either to the side or rear of the residence.

There shall be no separate cooking facilities in any guest room. Food served to guests on the premises shall be limited to breakfast and eating facilities shall be open only to guests.

When located within 100 feet of residential use, active outdoor recreation amenities, such as a swimming pool or tennis court, shall be limited to the hours of 9:00 a.m. to 10:00 p.m.

Where an on-lot sewage disposal system is to be used, the application for the use shall be accompanied by a valid Exeter Township Sewage Enforcement Officer permit verifying that the existing or proposed sewage system can accommodate the maximum potential usage and that an appropriate site for a replacement system is available should the existing system fail.

Signs associated with the bed-and-breakfast facility shall be in accordance with § 390-69.

Bed-and-breakfast facilities shall provide overnight lodging accommodations not to exceed 14 consecutive nights per patron.

§ 390-63.1 Short-term lodging facilities.

[Added 4-27-2020 by Ord. No. 831]

Intent and purpose. This section is established to protect and promote the public health, safety, and welfare of the Township's residents, and to establish the rights and obligations of owners (defined below) and transient visitors (defined below) to maintain and improve the quality of life of the Township's inhabitants and visitors. Unregulated use of properties by transient visitors can adversely affect the peace and quiet of neighboring permanent residents. The Exeter Township Board of Supervisors establishes this section to ensure safe, healthy, and nondiscriminatory housing arrangements for transient visitors through a regular licensing and inspection program.

Definitions. As used in this section, the following terms shall have the meanings indicated:

BEDROOM

A room or space designed to be used for sleeping purposes with two means of egress (one of which may be a window acceptable under the building code) and in close proximity to a bathroom. Space used for eating, cooking, bathrooms, toilet rooms, closets, halls, storage or utility rooms and similar uses are not considered bedrooms. Space used or intended for general and informal everyday use such as a living room, den, sitting room or similar is not to be considered a bedroom.

DAY GUEST

A visitor, only during the day, to the short-term lodging facility property, but not constituting an occupant.

OCCUPANT

A person staying at the short-term lodging facility overnight. A person located on the short-term lodging facility premises shall be deemed an occupant unless established otherwise by the owner, person in charge or tenant.

OWNER

The individual, individuals, entity, or entities holding legal title to a particular property, as indicated by the Berks County Board of Assessment records.

RENT or RENTAL

An arrangement whereby one or more persons obtains permission to occupy a property or portion thereof for a specific period of time, regardless of whether compensation or other consideration is passed by a transient visitor to the owner or an agent of the owner.

SHORT-TERM LODGING

The occupancy of a property or portion thereof for temporary rental by transient visitors.

SHORT-TERM LODGING FACILITY

A property or portion thereof licensed pursuant to this section for the purpose of short-term lodging. "Short-term lodging facility" does not include a hotel or bed-and-breakfast as such terms are used and defined in the Exeter Township Zoning Code.

SHORT-TERM LODGING LICENSE

A license issued by the Zoning Officer, or the Zoning Officer's designee, pursuant to this section, which permits an owner to use a particular property or portion thereof as a short-term lodging facility.

TRANSIENT VISITOR

An individual who rents a short-term lodging facility.

ZONING HEARING BOARD

The board created and organized in Exeter Township's Codified Zoning Ordinance § 390-94 and further identified and defined in Exeter Township's Codified Zoning Ordinances §§ 390-95 through 390-99.

ZONING OFFICER

The individual appointed by the Exeter Township Board of Supervisors with the duties and powers identified in Exeter Township's Codified Zoning Ordinance § 390-82.

Restrictions on rentals by transient visitors; types of short-term lodging facilities.

(1)

Limitation of time. No property may be used as a short-term lodging facility for more than 90 days per calendar year, a "calendar year" being January 1 through December 31.

(2)

Applicable Zoning Districts. Short-term lodging shall only be permitted in the following Zoning Districts, as defined in Chapter 390 of the Township of Exeter Code of Ordinances: Rural Conservation (RC) (§ 390-11), Agricultural Preservation (AP) (§ 390-12), and Rural (R) District (§ 390-13).

(3)

Types of accommodations:

(a)

Specific bedroom accommodation. The owner may rent up to two bedrooms of a property to transient visitors for a period of not less than 36 hours and not more than 30 consecutive days. Under this arrangement, the owner must occupy the property during the rental period.

(b)

Entire unit accommodation. An owner may rent the entirety of a property to transient visitors for a period of not less than 36 hours and not more than seven consecutive days. Under this type of arrangement, the owner may, but is not required to, remain on the property during the rental period.

(4)

Parking:

(a)

Outdoor parking for occupants and day guests shall be limited to available parking areas on the short-term lodging facility. In no event shall parking for short-term rental tenants include spaces in any public street right-of-way or on any lawns or vegetated areas. A maximum of one car per bedroom is permitted for any short-term lodging facility.

(b)

Overnight occupancy of recreational vehicles, camper trailers and tents at the property where the short-term lodging facility is located shall not be allowed. Outdoor overnight sleeping of occupants or day guests of the short-term rental is prohibited.

Annual license term; fee and occupancy limit; inspection.

(1)

Short-term lodging license required. Before providing any short-term lodging, an owner must obtain and keep current a short-term lodging license for any property available for rent.

(2)

Licensing procedure.

(a)

Upon application in such form as will be developed by the Township for a short-term lodging license or renewal thereof, the owner shall pay to the Township an annual license and inspection fee as established by the Township and identified on the Fee Schedule. A short-term lodging license shall not be transferred or sold, must be renewed annually, and expires automatically upon any conveyance of the licensed property.

(b)

Each short-term lodging license will identify the property address, state how many transient visitors are permitted for short-term lodging, identify the type of accommodation requested (either specific bedroom accommodation or entire unit accommodation), and require the owner to submit proof of the following:

[1]

An accurately drawn floor plan showing details for all floors of the property and any attached structures, and include the number and location of all bedrooms, bathrooms, windows, interior and exterior doorways, smoke alarms, and carbon monoxide detectors;

[2]

In the case of short-term lodging where the owner rents a specific bedroom accommodation, the floor plan must clearly designate bedrooms to be used for short-term lodging; and

[3]

Satisfaction of the performance standards contained in this section.

(3)

Annual inspection. The Zoning Officer, or the Zoning Officer's designee, shall conduct an annual inspection to confirm compliance with the obligations of this section. The owner of the short-term lodging facility is responsible for scheduling the inspection and paying the fee. Failure to do so will result in revocation of the short-term lodging license.

Performance standards. A short-term lodging facility shall meet all of the following standards:

(1)

The property shall remain as a single-household living unit with common housekeeping, kitchen and laundry facilities.

(2)

Occupancy of a short-term lodging facility shall be limited to no more than:

(a)

Two persons per bedroom, plus four additional persons; or

(b)

A maximum of 14 occupants, whichever is less.

(3)

The maximum number of day guests allowed at any one time, in addition to the occupants, shall be 75% for the maximum permitted occupancy of the short-term rental.

(4)

The property conforms with the off-street parking requirements as outlined in § 390-37Q of the Township of Exeter Code of Ordinances based on the applicable Zoning District.

(5)

The owner must maintain an up-to-date ledger detailing the length of stay and the number of transient visitors using the short-term lodging facility, and present the ledger to the Zoning Officer, or the Zoning Officer's designee, upon request.

(6)

The current Exeter Township Code of Ordinances shall determine the maximum occupancy of the short-term lodging facility and, in the case where the owner rents as a specific bedroom accommodation, the number of individuals permitted in each designated bedroom.

(7)

Nothing in this section shall allow the owner to make the short-term lodging facility available for use by a transient visitor for nonresidential purposes, such as, but not limited to, the lease or use of the property as reception space, party space, and/or meeting space.

(8)

The short-term lodging facility shall be designated as one of the two types of accommodations set forth in § 390-63.1C(2) for the entire duration of the annual short-term lodging license unless a new short-term lodging license is obtained and a new fee paid. A short-term lodging facility may not change or mix the type of accommodation during a licensed period.

(9)

The number of bedrooms permitted for a short-term lodging facility shall not exceed the number of bedrooms approved for the dwelling unit on the sewage permit issued for such property. Where there is no sewage permit on record, the short-term lodging facility shall be limited to three bedrooms unless proof is provided to the Sewage Enforcement Officer that the septic system is adequate to handle additional flows. Any short-term lodging facility advertising more than four bedrooms shall provide proof that the septic system is adequate to handle such flows by having the system approved by the Sewage Enforcement Officer, or by providing a septic permit previously issued by a Sewage Enforcement Officer. If a sewage system malfunction occurs, short-term lodging of the dwelling unit shall be discontinued until the malfunction is corrected in accordance with Township and Pennsylvania Department of Environmental Protection requirements.

(10)

The short-term lodging facility shall not adversely affect the character of the neighborhood, short-term lodging shall not generate any additional noise, odor, or other effects that unreasonably interfere with other residents' quiet enjoyment of their properties.

(11)

The owner shall be responsible for the safety and welfare of all transient visitors, for preserving the peace and quiet of the surrounding community, and for maintaining the short-term lodging facility in accordance with all laws, regulations, and ordinances, including, but not limited to, any conduct which would qualify as a prohibited act within the meaning of Chapter 257 concerning noise, Chapter 261 concerning nuisances, and Chapter 278 concerning peace and good order.

(12)

The owner of the short-term lodging facility must apply for and keep current a Township of Exeter business privilege tax license.

(13)

The owner shall sign a certification agreeing to comply with all anti-discrimination laws and regulations under all applicable local, state, and federal laws and regulations.

(14)

All short-term lodging facilities shall have a clearly visible and legible notice posted within the dwelling unit on or adjacent to the front door containing the following information:

(a)

The name of the owner of the unit or the person in charge and a telephone number at which that party can be reached on a twenty-four-hour basis.

(b)

The 911 address of the property.

(c)

The maximum number of occupants permitted to stay in the dwelling unit and the maximum number of day guests permitted at any one time.

(d)

The maximum number of all vehicles allowed to be on the property and the requirement that all guest parking must be parked in the available parking areas on the property and not in or along any private, community or public street right-of-way or on any lawn or vegetated area on the property.

(e)

The trash pickup day and notification that trash and refuse shall not be left or stored on the exterior of the property.

(f)

Notification that an occupant or day guest may be cited and fined for creating a disturbance or for violating other provisions of the Exeter Township Code, including parking and occupancy limits.

(g)

Notification that short-term rental occupants and day guests are required to make the dwelling unit available for inspection by the Zoning Officer upon request.

(15)

All short-term lodging facilities shall be equipped with the following:

(a)

Smoke detectors in each bedroom;

(b)

Smoke detectors outside each bedroom in common hallways;

(c)

Smoke detectors on each floor;

(d)

GFI outlets for outlets located within six feet of water source;

(e)

Aluminum or metal exhaust from dryer;

(f)

Carbon monoxide detector if open flame (oil or gas) furnace, gas or wood fireplace, or wood-burning stove;

(g)

Carbon monoxide detector if garage is attached;

(h)

Fire extinguisher in kitchen conspicuously located;

(i)

Stairs (indoor and outdoor) in good condition;

(j)

Swimming pools, hot tubs and spas must meet the barrier requirements as indicated in the 2009 International Residential Code.

(k)

Any other occupancy requirements which may be added by ordinance revision by the Board of Supervisors.

Disciplinary actions; grounds for suspension, revocation, or nonrenewal of license.

(1)

General. The Zoning Officer, or the Zoning Officer's designee, is empowered to take administrative disciplinary action against an owner as set forth in this section upon finding a violation of any provision of this section. Nothing in this section shall limit the right, power or jurisdiction of the Township to proceed against the owner or any transient visitor under any other law or regulation.

(2)

Disciplinary actions. The following constitute the disciplinary actions available to the Zoning Officer, or the Zoning Officer's designee, in his or her discretion, under this section:

(a)

Formal warning. Formal written notification may be issued in the event of at least one violation of this section. Upon satisfactory remediation of such violation(s) and any conditions imposed by the Zoning Officer, or the Zoning Officer's designee, the formal warning shall be removed when the owner applies for a renewal of the short-term lodging license.

(b)

Suspension. A short-term lodging license may be suspended in the event of at least one violation of this section. Suspension results in the immediate loss of the privilege to rent the short-term lodging facility for the period of time set by the Zoning Officer, or the Zoning Officer's designee, not to exceed one year from the date of suspension. The owner, after the expiration of the suspension period, may apply for a short-term lodging license renewal. A determination of whether to renew the short-term lodging license shall depend on the satisfactory remediation of the violation(s) that resulted in the suspension, as well as compliance of all other requirements set forth in this section. Upon suspension, the owner shall take immediate steps to evict, and disallow any further use by, all transient visitors at the short-term lodging facility through the end of the suspension period and until such time as the short-term lodging license has been reinstated.

(c)

Revocation. A short-term lodging license may be revoked in the event of at least one violation of this section. Revocation results in the immediate loss of the privilege to rent the short-term lodging facility for any period of time in excess of one year or for a second or subsequent suspension of the short-term lodging license for the same property, as may be determined by the Zoning Officer, or the Zoning Officer's designee. Upon revocation, the owner shall take immediate steps to evict, and disallow any further use by, all transient visitors at the short-term lodging facility through the end of the revocation period and until such time as the short-term lodging license has been reinstated.

(d)

Reinstatement. A short-term lodging license may be reinstated from suspension or revocation if the owner of a short-term lodging facility satisfactorily remediates all violation(s) that led to the suspension or revocation of the short-term lodging license, pays for a new license fee, and demonstrates compliance with all other requirements set forth in this section.

(e)

Nonrenewal. The Zoning Officer, or the Zoning Officer's designee, may deny an application for short-term lodging license renewal and/or reinstatement due to the failure of the owner to comply with the requirements of this section or for a failure to satisfactorily remediate any previously noted violation(s) leading to the suspension and/or revocation of the short-term lodging license.

(3)

Criteria for taking disciplinary action. The Zoning Officer, or the Zoning Officer's designee, when taking disciplinary action against an owner, shall consider the following factors:

(a)

The effect of the violation(s) on the health, safety and welfare of the transient visitors and/or any other residents of the property;

(b)

The effect of the violation(s) on nearby property owners;

(c)

The history of any prior violation(s) of this section and any other provision of the Exeter Township Code of Ordinances; and

(d)

The actions taken by the owner to satisfactorily remediate any past or current violation(s) and to prevent future violation(s).

(4)

Reasonable conditions. In addition to the disciplinary actions set forth above, the Zoning Officer, or the Zoning Officer's designee, may impose any reasonable conditions related to fulfilling the purposes of this section and remediating any violations of this section.

(5)

Search warrant. Upon a showing of probable cause that a violation of this section, or any other violation of the Exeter Township Code of Ordinances, has occurred, the Zoning Officer, or the Zoning Officer's designee, may apply to the Magisterial District Judge having jurisdiction in the Township for a search warrant to enter and inspect the short-term lodging facility.

Procedure for notification.

(1)

Form of notification. Following a determination by the Zoning Officer, or the Zoning Officer's designee, that grounds for a formal warning, nonrenewal, suspension or revocation of a short-term lodging license exist, written notification shall be made, addressed to the owner, containing the following information:

(a)

The address and owner of the involved short-term lodging facility;

(b)

A description of the violation(s) found to exist therein;

(c)

If applicable, a statement that the short-term lodging license has been suspended or revoked, along with the effective date of such suspension or revocation, and the length of the suspension and/or revocation; and

(d)

In the event of a suspension or revocation, a statement that the owner is prohibited from allowing the use of the short-term lodging facility by transient visitors during the suspension or revocation period.

§ 390-64 Yard sales.

Yard sales shall be governed by the following:

Four yard sales are permitted per household in any calendar year.

The maximum duration of any yard sale shall be three consecutive calendar days.

Any individual, group, or corporation posting advertisements within the Township shall remove from the Township right-of-way all signs, flyers, posters, and bulletins no later than the date after the yard sale. Should the yard sale not be held, all signs, flyers, posters, and bulletins advertising the yard sale shall be removed no later than the scheduled last day of the yard sale.

§ 390-65 Tank farms.

The following shall apply to tank farms:

No materials or wastes shall be deposited upon a lot in such a form or manner that it may be transported off by natural causes or forces.

No substance which can i) contaminate groundwater or surface water; ii) render groundwater or surface water undesirable as a source of water supply or recreation; or iii) destroy aquatic life shall be allowed to enter any groundwater or surface water.

Tank farms shall be subject to all applicable regulations of the Pennsylvania Department of Environmental Protection.

Fencing.

(1)

Fencing design. Fencing shall serve as a structural barrier for the protection of physical assets and personnel. Fencing shall be used to channel authorized vehicle and pedestrian traffic to specific gate locations at the facility.

(2)

Fence fabric.

(a)

The fence fabric shall be made of a heavy metal fabric appropriate to the service it is in; it should be clad with a protective coating of zinc, aluminum or aluminum alloy. The fence fabric shall withstand a breaking load sufficient to protect the fence from breaching under normally expected stress. Mesh openings in the fabric shall be no larger than two inches.

(b)

The fence fabric shall have a minimum height of seven feet.

(3)

Fence installation.

(a)

In areas where the fence is over hard surfaces (soil or pavement), the bottom of the fence fabric shall be no more than two inches above the surface.

(b)

In areas where the fence is over soft surfaces (soil, gravel or sand) the bottom of the fence fabric shall be below the soft surface to account for erosion. If this installation does not provide adequate protection, the bottom of the fence shall be anchored to the ground and shall have a bottom rail or support wire.

(c)

In areas where the fence crosses uneven grades (streams, culverts or hills) the fence fabric will be extended with additional fence fabric or grating to deter penetration.

(d)

Fence installations shall not disrupt the flow of water.

(e)

There shall be no gaps in the fence line that would allow an individual unauthorized access.

(f)

A top rail shall be installed on the top of the fence.

(g)

Fencing fabric shall be stretched taut.

(h)

Fencing installation hardware shall be of sufficient strength for the application and shall be resistant to environmental conditions and individual tampering.

(i)

The fence shall have a three-strand barbed wire top guard facing outward from the facility at a 45° angle. The barbed wire strands in the top guard shall be spaced six inches apart. The arms supporting the barbed wire top guard shall withstand a weight of 250 pounds applied at the outer strand of barbed wire. The overall height of the fence with the barbed wire shall be a minimum of eight feet.

(4)

Posts (fence and gate).

(a)

Fence line posts shall be spaced equidistantly with no more than 10 feet between posts.

(b)

Fence posts shall withstand a breaking load sufficient for the service it is being placed in (but not less than 1,000 pounds).

(c)

The diameter of the post holes shall be at least four times the largest cross section of the post.

(d)

The depth of the post holes shall be a minimum of 36 inches.

(e)

After the post has been set plumb and is in alignment, the post hole shall be filled with concrete. The exposed surface of the concrete shall be crowned in order to shed water.

(f)

Terminal posts shall be braced diagonally to the nearest line posts. The angle between the brace and the ground shall be no more than 50°.

(g)

Post tops shall consist of ornamental tops or combination tops with barbed wire supporting arms as required for the fence service.

§ 390-66 Apartments and townhouses.

The following shall apply to apartments and townhouses.

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

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

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

The maximum height of any building shall not exceed 45 feet.

The minimum building setback line shall be 25 feet.

The maximum length of an apartment building or a row of townhouses shall be 160 feet.

No more than four continuous townhouses shall have the same front setback and the variations in front setback shall be at least two feet.

No more than six townhouses shall be in a continuous row.

The minimum width of a townhouse shall be 18 feet.

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

No townhouse shall be located within 50 feet of a dwelling which is not in the same row of townhouses.

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

No more than 35% of the total area of the development shall be paved.

Exterior storage areas for trash and rubbish shall be completely screened from view on three sides, and all trash and rubbish shall be contained in verminproof containers.

No less than 20% of the total area of the development shall be permanently set aside for noncommercial common open space purposes, such as parks, recreation or conservation of natural features. The common open space areas shall be suitable for the designated purpose and contain no structure or parking facility except as related to and incidental to open space uses. Common open space areas may be reserved for private use or dedicated to the Township, if acceptable to the Township. For land which is not dedicated to the Township, a written agreement satisfactory to and approved by the Township Supervisors shall be made for the perpetual preservation and maintenance of the undedicated common open space areas.

Off-street parking spaces shall be provided in accordance with § 390-37Q.

All dead-end parking lots shall provide adequate areas into which cars parked in the end stall of the lots may back.

Common parking areas and access drives shall be located a minimum of 20 feet from all structures and from the exterior of lot lines of the development.

Entrance and exitways to parking areas shall have a minimum width of 12 feet for each lane of traffic entering or leaving the areas.

Parking areas shall not be designed or located to require cars to back into collector or arterial streets (as defined in the Township Subdivision and Land Development Ordinance) in order to leave the parking areas.

No more than 15 parking spaces shall be permitted in a continuous row without being interrupted by landscaping.

Entrances and exits from common parking areas shall be located a minimum of 50 feet from the point of intersection of the nearest street curblines.

§ 390-67 Electric power production.

The following shall apply to electric power production.

All generating stations, fuel storage facilities and yards, and electric substations shall be enclosed by a fence with a minimum height of eight feet.

All fuel stored within tanks is subject to § 390-65, Tank farms.

All federal, state and supplemental requirements as specified in this chapter pertaining to environmental regulations and performance standards shall be satisfied. It shall be the burden of the applicant to provide the Township with written proof that all said permits have been obtained from the various federal and state agencies having jurisdiction over the facility.

A screen buffer shall be provided between the facility and any residentially used or zoned property.

Area, yard and height regulations.

Electric Power Production
		Maximum Permitted
Building heights (except for stack)		80 feet
Building lot coverage		65%
		Minimum Requirements
Lot size		5 acres
Building setback		100 feet
Lot width
	At street line	300 feet
	At building setback line	300 feet
Open area		30%
Side yard
	Total	150 feet
	One side	75 feet
Rear yard		50 feet
Improvement setback		20 feet
Distance between highway access points		100 feet

§ 390-68 Cogeneration electric power production.

The following shall apply to cogeneration electric power production:

All generating stations, fuel storage facilities and yards, and electric substations shall be enclosed by a fence with a minimum height of eight feet.

All fuel stored within tanks is subject to § 390-65, Tank farms.

When the cogeneration facility is intended as an accessory use to an existing or proposed sanitary landfill on a site, and is intended to utilize methane generated on site as the source of fuel, the following conditions shall be met:

(1)

The methane shall constitute at least 60% of the fuel source used to generate electricity.

(2)

It shall be demonstrated that there is a net environmental benefit within the reading area air basin (as defined by EPA) in the operation of the cogeneration facility over not operating the facility.

A screen buffer shall be provided between the facility and any residentially used or zoned property.

Area, yard and height regulations.

Cogeneration Electric Power Production
		Maximum Permitted
Building heights (except for stack)		80 feet
Building lot coverage		65%
		Minimum Requirements
Lot size		5 acres
Building setback		100 feet
Lot width
	At street line	300 feet
	At building setback line	300 feet
Open area		30%
Side yard
	Total	150 feet
	One side	75 feet
Rear yard		50 feet
Improvement setback		20 feet
Distance between highway access points		100 feet

No access point shall be permitted to U.S. Route 422. All access points shall be to a road which intersects U.S. Route 422 at a traffic light.

The land on which all improvements are made shall be aesthetically improved so as to complement the neighborhood wherein they are constructed, and a landscaping plan shall be submitted in accordance therewith unto the Township for approval.

§ 390-69 Regulations for signs.

[Amended 6-13-2011 by Ord. No. 713]

Purpose and intent. The purpose and intent of this section is to regulate the potentially deleterious impact of signs on the Township; to improve the appearance of the Route 422 Corridor; to insure the compatibility of signs with adjacent and nearby land uses; to limit the aesthetic impact that a multitude of clustered signs has on the Township; and to limit and reduce the traffic safety problems that are caused by signs that distract a driver's attention away from the roadway.

General regulations. All signs shall comply with the following regulations:

(1)

Except in the case of traffic control signs, school warning signs, time and/or temperature signs and electronic signs erected pursuant to Subsection D below, signs shall not contain moving parts nor use flashing or intermittent illumination, and the source of light shall be steady and stationary.

(2)

No sign shall be placed in such a position, or have such a source of illumination, that it will cause any danger to pedestrians or vehicular traffic.

(3)

At all street intersections, no sign, except traffic control signs, school warning signs, and similar signs as provided for by other portions of this chapter shall be permitted within a clear sight triangle. Such triangles shall be established from a distance of 75 feet from the point of intersection of the center lines of the intersection streets, except that a clear sight triangle of 150 feet shall be provided for all intersections with or of arterial highways. In addition, sight distance shall meet the requirements of PennDOT Publication 201, Engineering and Traffic Studies, Section 201.6.16.

(4)

No sign, other than traffic control signs, school warning signs, and similar signs shall be erected within the right-of-way lines of any street or extend over any street right-of-way.

(5)

No sign shall be utilized in a manner that produces a noxious glare at or beyond the boundaries of the lot on which it is located. No direct beams of light shall be directed toward adjacent properties or public roads, and all light sources shall be shielded from adjoining properties, streets, and public roads.

(6)

No sign shall be erected or located so as to prevent free ingress to or egress from any window, door, or fire escape.

(7)

No sign that emits smoke, vapors or particulates, sound, or odor shall be permitted.

(8)

No portion of any sign shall project over a lot line.

(9)

The area immediately surrounding each sign shall be kept in a clean, sanitary, and healthful condition. No accumulations of loose paper, bottles, cans, garbage, or similar items shall be permitted.

(10)

Every sign shall be constructed of durable material and kept in good condition. Peeling paint shall be removed and replaced; broken letters or other parts shall be repaired or replaced; broken lights shall be replaced; and similar maintenance tasks shall be performed when necessary. Any sign that becomes dilapidated or which creates a hazard to the public health, safety or welfare shall be removed at the expense of the owner or lessee. All signs shall be installed in compliance with building and electrical codes as adopted by the Township.

(11)

Height — freestanding signs. The height of any part of a freestanding sign in the RC, AP, R, SR0, SR1, SR2, SR3, and UR Zoning Districts shall not exceed 10 feet, as measured from the edge of the cartway nearest the sign to the highest part of the sign. The height of a freestanding sign in the HC Highway Commercial, SCC Shopping Center Commercial, LI Light Industrial or GI General Industrial Zoning Districts shall not exceed 30 feet, as measured from the edge of the cartway nearest the sign to the highest part of the sign.

(12)

Height — building sign. No portion of a sign, which is attached to a building, or which projects from a building, shall extend more than five feet vertically above the height of the building.

(13)

No building sign shall project more than 12 inches from the building facade to which it is attached, except that building signs may project from the front of a building perpendicularly to the front of the building a distance of not more than four feet, provided that such signs are entirely located underneath a roof overhang or similar architectural feature, such signs are no more than 12 square feet in area on any one side, and all portions of all such signs are at least eight feet above the ground.

(14)

No vulgar, indecent or obscene signs may be displayed in any manner.

(15)

No signs shall be permitted which are posted, stapled, or otherwise permanently attached to public utility poles or trees within a street right-of-way.

(16)

All sign provisions of this chapter shall apply to the use of silos, smokestacks, water towers and other similar structures as signs.

(17)

Signs on mobile stands, which can be moved from place to place, and vehicular signs or signs affixed to other moveable structure are prohibited.

(18)

With the exception of traffic control signs, signs which make use of words such as "stop," "look," "one-way," "danger, "yield," or any similar words, phrases, symbols, lights or characters, in such a manner as to interfere with, mislead, or confuse traffic, are prohibited.

(19)

Portable signs are prohibited.

(20)

Vehicular signs are prohibited.

(21)

Temporary signs other than those recognized by this chapter are prohibited.

(22)

Signs are prohibited on public property or public rights-of-way, unless erected by a governmental body or otherwise permitted by the Code Enforcement Officer and bearing no commercial advertising.

(23)

Search lights, pennants, spinners, banners and streamers are prohibited, except as otherwise stated in this chapter.

(24)

Electronic signs shall only be permitted pursuant to Subsection D below.

(25)

All signs must comply with Exeter Township Ordinance No. 612 (i.e., the Outdoor Lighting Ordinance), as may be amended from time to time.[1] The provisions of the Outdoor Lighting Ordinance are expressly incorporated into this provision as if the same were set forth at length.

[1]

Editor's Note: See Ch. 235, Lighting, Outdoor.

(26)

The provisions of the Tree Ordinance, as may be amended from time to time,[2] are expressly incorporated into this provision as if the same were set forth at length.

[2]

Editor's Note: See Ch. 348, Trees.

(27)

A sign permit applicant must obtain all necessary outside agency approvals prior to erection of a sign, including, but not limited to, approval from the Pennsylvania Department of Transportation, as may be required.

Specific sign regulations. All signs shall comply with the corresponding requirements and regulations set forth on Table 390-69 (Signs).[3]

[3]

Editor's Note: Table 390-69 is included at the end of this chapter.

Additional criteria for off-premises freestanding signs. In addition to the above criteria and the criteria set forth on Table 390-69, the following criteria shall apply to off-premises freestanding signs:

(1)

Off-premises freestanding signs may only be erected and maintained in the HC Highway Commercial, SCC Shopping Center Commercial, LI Light Industrial, or GI General Industrial Zoning Districts [noting, however, that off-premises freestanding signs shall not be permitted along Business Route 422 (a.k.a. Perkiomen Avenue) between East Neversink Road and the western Township boundary line with St. Lawrence Borough to the northwest] in compliance with this section.

(2)

One off-premises freestanding sign shall be allowed for each street, highway or driveway having frontage on any one property. Off-premises freestanding signs may be permitted in a back-to-back configuration or a V-type configuration pursuant to the provisions of this section. Each off-premises freestanding sign in a V-shaped or back-to-back sign is permitted to be up to or equal to 300 square feet in size, noting that such signs shall require special exception approval pursuant to § 390-69F herein.

(3)

All such signs shall be set back a minimum of 300 feet from any other off-premises freestanding sign and 600 feet from any V-type or back-to-back orientated off-premises freestanding sign. With respect to any off-premises freestanding signs proposed to be located on a limited access highway, as designated by the Pennsylvania Department of Transportation, such signs shall be setback a minimum of 500 feet from any other off-premises freestanding sign and 600 feet from any V-type or back-to-back orientated off-premises freestanding sign.

(4)

Setback from residential dwelling unit. Except as governed by a greater setback required in § 390-69, all off-premises freestanding signs must be set back a minimum of 150 feet from the boundary of any residential zoning district and from the boundary of any property on which a residential dwelling unit is situated.

(5)

V-type or back-to-back freestanding signs. Two signs are permitted in a V-type or back-to-back orientation, provided that:

(a)

Such signs be set back a minimum of 600 feet from any other freestanding sign;

(b)

With respect to V-type signs, the signs shall be at least five feet apart at the closest point, and the interior angles shall not be greater than 30°. The size and shape of the signs should not deviate from each other, and they shall utilize the same support structure; and

(c)

With respect to back-to-back signs, the signs shall be parallel and directly opposite from each other and shall not be spaced more than 15 feet apart. The size and shape of the signs should not deviate from each other, and they shall utilize the same support structure.

Additional criteria for off-premises electronic signs. In addition to the above criteria and the criteria set forth on Table 390-69,[4] the following criteria shall apply to off-premises electronic signs:

(1)

Off-premises electronic signs may only be erected and maintained in the HC Highway Commercial, SCC Shopping Center Commercial, LI Light Industrial, or GI General Industrial Zoning Districts [noting, however, on-premises electronic signs shall also be permitted in the NC Neighborhood Commercial Zoning District and that off-premises electronic signs shall not be permitted along Business Route 422 (a.k.a. Perkiomen Avenue) between East Neversink Road and the western Township boundary line with St. Lawrence Borough to the northwest] in compliance with this section.

(2)

Off-premises signs must comply with all provisions of § 390-69D above.

(3)

Off-premises electronic signs may not contain any flashing, scrolling or moving lights, text or graphics, or any full-motion video.

(4)

Change interval. Off-premises electronic signs must provide a minimum change interval of at least 15 seconds. A "change interval" is defined as the time period in which the display of an electronic sign must remain static and during which the display may not transition to display another advertisement.

(5)

Transition interval. Off-premises electronic signs must provide a maximum transition interval of one second. The "transition interval" is defined as the time period in which the display of an electronic sign transitions to another display.

(6)

Setback from residential dwelling unit. All off-premises electronic signs must be set back a minimum of 300 feet from any residential zoning district and from the boundary of any property on which a residential dwelling unit is situated.

(7)

Off-premises electronic signs must comply with Exeter Township Ordinance No. 612 (i.e., the Outdoor Lighting Ordinance adopted on January 23, 2006, as may be amended from time to time).[5] Off-premises electronic signs may not operate before sunrise or after 11:00 p.m., consistent with outdoor lighting ordinance No. 612.

[5]

Editor's Note: See Ch. 235, Lighting, Outdoor.

(8)

At no point on the electronic sign shall the luminance exceed 340cd/m² after sunset.

(9)

Off-premises electronic signs may not be located in the Neighborhood Commercial Zoning District or the Restricted Office Commercial District.

(10)

Off-premises electronic signs must be set back at least 500 feet from all street intersections, measured from the point of intersection of the center lines of the intersecting streets, nor may electronic signs be permitted in any area where they impinge upon the clear sight triangle of any street intersection.

[4]

Editor's Note: Table 390-69 is included at the end of this chapter.

Special exception criteria. In addition to the above criteria and the criteria set forth on Table 390-69, an off-premises freestanding sign or an off-premises electronic sign, greater than 32 square feet and equal to or less than 300 square feet, shall be permitted only by special exception, upon an applicant:

(1)

Demonstrating compliance with § 390-96H;

(2)

Demonstrating compliance with the provisions of this § 390-69;

(3)

Establishing that the proposed sign is set back a minimum of 300 feet from the boundary of any residential zoning district and from the boundary of any property on which a residential dwelling unit is situated;

(4)

Establishing that the proposed freestanding sign will be set back at least 500 feet from all street intersections, measured from the point of intersection of the center lines of the intersecting streets, that the freestanding sign does not impinge upon the clear sight triangle for the intersection, and that the freestanding sign will not cause any danger to pedestrians or vehicular traffic; and

(5)

Establishing that the proposed freestanding sign will not will not create a public health, welfare or safety concern.

(6)

Off-premises freestanding signs greater than 300 square feet shall not be permitted.

§ 390-70 Adaptive reuse standards.

[Amended 10-9-2017 by Ord. No. 778]

The adaptive reuse of an existing historic resource shall be permitted in all zoning districts and overlay districts when in accordance with the standards set forth below:

General criteria.

(1)

The adaptive reuse of an historic resource shall comply with the use requirements of the applicable zoning district. Area and bulk, parking, and lighting requirements of the Township ordinances may be modified through the variance process by the Zoning Hearing Board. The Zoning Hearing Board, in reviewing an application for relief from such requirements, shall, in conjunction with the requirements under § 390-96G, give favorable consideration where the applicant has demonstrated sensitive restoration, including preservation of facades, rehabilitation using material and design authentic and appropriate to the architecture, and preservation of the building mass as it appears from all public rights-of-way.

(a)

Additionally, in residential subdivisions and/or land developments proposing and implementing the restoration, maintenance, and adaptive reuse of an historic resource, the minimum lot area shall be reduced to allow the lot on which the historic resource is located as one additional lot (with the resulting minimum lot area being the average of the number of lots otherwise allowed in the district plus the historic resources lot).

(2)

Every effort shall be made to maintain or restore the historic resource to its original architectural style and bulk. Additions shall complement the existing architectural style and bulk of the historic resource and require approval of the Board of Supervisors upon recommendation by the Planning Commission.

(3)

Additional entrances, when required, shall be placed on the side or rear of the historic resource to avoid disruption of the front facade.

(4)

Removal or alteration of distinctive stylistic and architectural features of the historic resource that contribute to the character of the surrounding neighborhood or the historic value of the historic resource shall not be permitted without the approval of the Board of Supervisors, upon consideration of the recommendation of the Planning Commission.

(5)

Deteriorated architectural features that contribute to the character of the neighborhood or historical value of the historic resource shall be repaired rather than replaced. In the event that the applicant can demonstrate that the replacement is necessary, the new material shall match the material being replaced in composition, color, design, texture, and other visual qualities.

(6)

An application for adaptive reuse shall be accompanied by the following information:

(a)

A floor plan and proposed revisions and modifications to the interior and exterior of the existing historic resource(s); and

(b)

Information required by §§ 390-90, 390-96H, and 390-96G, Variances, as it applies to the proposed adaptive reuse.

Adaptive reuse standards. The following standards and criteria shall govern the design and review procedures for the adaptive reuse of existing historic resources for which conditional use approval is sought in accordance with the base or overlay zone of this chapter:

(1)

Permitted/by right adaptive reuse opportunities. In addition to the uses permitted by right, special exception, or conditional use in the base or overlay zoning district, the following uses shall be permitted by right for adaptive reuse:

(a)

Single-family detached dwelling (including single farm dwelling).

(b)

Home occupation.

(c)

Retail sales subject to the following:

[1]

No more than 10% of the floor area devoted to retail sales shall be permitted on display outside of a building;

[2]

Drive-through sales are not permitted;

[3]

Vehicle fueling operations are not permitted; and

[4]

Adult bookstores are not permitted.

(d)

Banks, savings and loan associations, finance companies, and similar types of businesses subject to the restriction that drive-through services are not permitted.

(e)

Business, professional, or governmental offices or studios.

(f)

Multiple- and single-family residential use above a business/professional office or retail use ("dual use") subject to the following:

[1]

Each dwelling unit shall contain at least 500 square feet of indoor living space and shall include a kitchen and a private bathroom; and

[2]

When an on-lot sewage disposal system is to be used, the applicant shall demonstrate that the existing or proposed sewage system can accommodate the maximum potential usage and that an appropriate site for a replacement system is available should the system fail.

(g)

Municipal use.

(h)

No-impact home based business subject to § 390-39.

(i)

Bed-and-breakfast, subject to § 390-63.

(j)

With the exception of residential zoning districts, restaurants, taverns, and similar types of establishments subject to the following:

[1]

Cabarets are not permitted;

[2]

Drive-through restaurants are not permitted; and

[3]

(k)

Gallery, museum, or other cultural studio, provided that off-street parking shall be required in an amount equal to half of the permitted occupancy rate, and no bus loading or drop off shall be permitted in residential zoning districts, except that bus loading or drop off may be permitted by conditional use where the applicant can establish sufficient space on the property for the parking of the buses and that the frequency and character of the use is not detrimental to the character of the neighborhood.

(l)

Accessory uses and structures to the above permitted uses, when on the same lot as the permitted use, per §§ 390-29 and 390-30.

(2)

Uses permitted by special exception. The following uses are permitted when special exceptions are granted by the Zoning Hearing Board in accordance with § 390-96H:

(a)

Churches or similar places of worship or assembly;

(b)

State-licensed day-care center, and nursery school;

(c)

Fire company; and

(d)

Accessory uses and structures to the above-permitted uses when on the same lot as the permitted use per §§ 390-29 and 390-30.

(3)

Uses permitted by conditional use. The following uses are permitted when a conditional use is approved by the Board of Supervisors in accordance with § 390-90:

(a)

Hotels subject to the following:

[1]

There shall be no cooking facilities or laundry facilities in any guest room as would require fire suppression systems by the Department of Agriculture;

[2]

Overnight lodging accommodations shall not exceed 30 consecutive nights per patron; and

[3]

(b)

Within the AP, R, RC, SR0, SR1, SR2, SR3, UR, LI, and GI Zoning Districts, uses allowed within the NC Neighborhood Commercial Zoning District are permitted by conditional use.

(c)

Within residential zoning districts, restaurants, taverns, and similar types of establishments subject to the following:

[1]

Cabarets are not permitted;

[2]

Drive-through restaurants are not permitted;

[3]

[4]

There shall be sufficient parking to accommodate the use as required by § 390-37.

(4)

Area and bulk standards.

(a)

The area and bulk standards for the base zoning district shall apply to the adaptive reuse of existing structures. Modification to area and bulk standards may be granted by the Zoning Hearing Board by variance, after review and recommendation by the Planning Commission and the Board of Supervisors, taking into consideration the factors listed in Subsection A(1).

(b)

Lot coverage. Relief of up to an additional 10% may be granted by the Board of Supervisors by conditional use from the maximum permitted lot coverage (including buildings, paving and other impervious surfaces) permitted in the base zoning district, provided that stormwater management requirements are met, and there are no other adverse effects on the surrounding neighborhood without requiring a variance from the Zoning Hearing Board.

§ 390-71 Farmers markets.

The following shall apply to farmers markets:

A farmers market shall be permitted as an accessory, temporary use in any zoning district.

An applicant seeking to operate a farmers market (with the exception of the Township of Exeter as an applicant) must obtain a zoning permit from the Township Zoning Officer prior to such use. The permit application must include: the name, address, telephone number and emergency contact number of the individual(s) who shall be responsible for managing the farmers market; the name, address, and telephone number of each vendor; the type of commodity offered by each vendor; a plan that depicts the location of each vendor stall; and the proposed hours of operation of the farmers market. In the event that the applicant is not the legal or equitable owner of the property on which a farmers market is proposed, the applicant must submit written approval for such use on the property from the legal owner of the property.

A farmers market may not be permitted to operate for more than two days in succession, at any one time. An applicant may submit a single zoning permit application in order to utilize a property as a farmers market for multiple, discrete dates within a single calendar year.

In the event that a farmers market will operate for more than a single day on a property, the applicant shall ensure that: vendor stalls and vendor goods are removed overnight; or vendor stalls are adequately secured against theft, vandalism, and inclement weather.

Each vendor space in a farmers market must be at least 10 feet in width.

Parking. Two parking spaces shall be required for each 10 feet in width of vendor space. In the event that the farmers market is located on a property that has a principal use with days or hours of operation that do not overlap with the days or hours of operation of the farmers market, any parking spaces serving the principal use may be counted toward the required number of parking spaces for the farmers market. In the event that the farmers market is located on a property that has a principal use with hours of operation that overlap with the hours of operation of the farmers market, shared parking may be permitted only if the applicant can demonstrate that the parking provided will be sufficient for each use.

No vendor stall shall be situated such that it interferes with any clear sight triangle.

In the event that a farmers market will include more than 10 vendors, the applicant must provide event security and adequate traffic controls, as approved by the Township Board of Supervisors.

§ 390-71.1 Boarding kennel (short-term).

The following regulations shall apply to boarding kennels (short-term):

To the extent required by the Pennsylvania Dog Law,[1] the operator must possess a current, valid Pennsylvania Department of Agriculture kennel license.

[1]

Editor's Note: See 3 P.S. § 459-101 et seq.

Noise control. The facility shall comply with all provisions of the Exeter Township Noise Ordinance, as amended.[2]

[2]

Editor's Note: See Ch. 257, Noise.

Odor control. The facility shall comply with the provisions of the environmental protection standards (§ 390-35).

Rodent control. The facility shall be kept rodent-free (see Vector Control Ordinance, as amended[3]).

[3]

Editor's Note: See Ch. 354, Vector Control.

Animal waste (fecal matter) shall be collected and properly disposed of daily (see Animal Control Ordinance, as amended[4]).

[4]

Editor's Note: See Ch. 116, Animals.

Outdoor exercise area, if utilized, must be completely enclosed with a six-foot high (minimum) fence; fence gate(s) must be locked at all times; the fenced area shall not encroach into any required yard area (i.e., the required minimum front yard, rear yard or side yard) of the property on which the kennel is located.

Overnight stays are prohibited.

§ 390-71.2 Undefined or other land uses.

Other types of land uses, not specifically identified, regulated or recognized within this chapter of the Code, may evolve or become commonly acceptable as a reasonable use within the Township. It is the purpose of this section to provide for all reasonable and appropriate land uses and to establish a mechanism for the inclusion of such land uses within the Township.

All undefined or other reasonable land uses that are not otherwise regulated by this Code shall be permitted by conditional use within the GI General Industrial Zoning District.

Unless otherwise permitted by the Board of Supervisors as part of the conditional use application and proceedings, the following requirements shall apply to all undefined or other reasonable land uses which are not recognized by this Code:

(1)

The applicant shall comply with § 390-90 (pertaining to conditional use applications).

(2)

The applicant shall establish that the use complies with the area, yard and height requirements set forth in § 390-25.

(3)

The applicant shall establish that the use complies with the performance standards, as set forth in § 390-35.

(4)

The applicant shall establish that the use complies with the design standards set forth in § 390-34.

(5)

The undefined use shall be serviced by public sanitary sewage facilities and public water supply facilities.

(6)

Together with its conditional use application, the applicant shall submit to the Township a request for inclusion of an undefined or other reasonable land use that is not recognized as part of this Code, with illustrations and complete documentation that fully describes the land use activity and the manner in which it differs from the permitted uses defined or permitted by this Code.

(7)

The applicant shall provide evidence that the undefined use shall comply with all provisions established within this Code. This may include the submission of a grading plan, utility plan, landscaping plan, architectural renderings, traffic impact study and/or environmental impact assessment report. Prior to the submission of the conditional use application, the applicant shall consult with the Township Engineer and Zoning Officer to initially discuss the supplemental documentation that may be required as part of the application.

(8)

The applicant shall establish that it complies with all state, federal or other regulations pertaining to the proposed use.

(9)

The applicant shall establish that the proposed use does not adversely affect the public health, safety or welfare.

§ 390-71.3 Group homes.

[Amended 6-13-2011 by Ord. No. 713]

A group home is permitted by special exception in only the R Rural, LI Light Industrial and RC Rural Conservation Zoning Districts.

Unless otherwise specified by this Code, all group homes shall be located on approved lots which comply with all applicable dimensional requirements, the performance standards, the design standards, and the area, yard and height regulations, which are further specified by the appropriate zoning district to which the group home is located.

All group homes shall comply with the following general standards and requirements, which the applicant bears the burden of establishing in pursuing its special exception application:

(1)

A site plan or land development plan shall be accurately prepared for a proposed group home. The site plan or land development plan shall show the location and the dimensions of the group home, off-street parking areas, private entrances, walkways, fencing and landscaping. These plans shall show the dimensions, intended use and square footage of each room and storage area within the group home.

(2)

One off-street parking space shall be provided per employee, computed on the basis of the estimated maximum number of employees that could be present at any given time, plus one space for every four residents within the group home. Garage space shall not be used in calculating off-street parking.

(3)

No more than two live-in employees or supervisors shall reside in a group home.

(4)

The residential exterior appearance of the structure and premises shall be maintained. No external alterations, additions, or changes to the exterior of the structure are permitted, except as may be required by the Pennsylvania Department of Welfare or other governmental agency, or as may be needed for safety reasons or to accommodate the physically handicapped. When the group home use is abandoned, the dwelling shall be restored to its prior dwelling unit status.

(5)

There shall be no more than one kitchen or cooking facility (with the exception of facilities existing as of the date of this chapter that contain more than one kitchen or cooking facility). Meals shall be served to employees, residents and visitors only. No separate cooking facilities are permitted for any occupant.

(6)

The applicant shall provide documentation to the Township Code Enforcement Officer, Sewage Enforcement Officer and Zoning Officer that the group home complies with all sewer, water, building, fire, plumbing, heating, electrical and similar facilities, and that the same meets the applicable standards established by the Exeter Township Code and by the Commonwealth of Pennsylvania.

(7)

The applicant shall provide documentation to the Code Enforcement Officer and Zoning Officer that the group home has been licensed as a group home by the Pennsylvania Department of Public Welfare and shall meet all current DPW regulations, including those standards governing indoor space and applicable state and local building and fire safety codes. The applicant shall maintain a current and valid license as a group home from DPW.

(8)

Although live-in supervision is not mandatory, the applicant shall provide evidence and documentation to the Township that it will provide the residents of the group home with the physical safety and emotional support that is required. Immediate contact with a manager or supervisor of the agency or operator of the group home shall be available 24 hours per day, seven days per week, to the authorized representatives of the Township. The applicant shall further provide evidence to establish that its proposed group home, its facilities and its operation will neither cause a direct threat to the public health, safety or welfare, nor constitute a direct threat to the safety of the nearby residents or properties.

(9)

No group home shall have more than 14 residents at any given time period, not including the live-in supervisors and employees. As a reasonable accommodation as set forth in the Federal Fair Housing Amendments Act, 42 U.S.C.A. § 3601 et seq., and in order to enable persons with handicaps equal access to housing, the Zoning Hearing Board may grant a reasonable accommodation, as defined in this chapter, from this provision.

(10)

An emergency management plan must be developed in the event of a catastrophic event resulting from flooding, fire, snow, ice, earthquake, utility outage or other catastrophic event. The emergency management plan should be submitted to the Township Emergency Management Coordinator for review and consideration prior to the issuance of the use and occupancy permit. The owner and operator of the group home shall provide a copy of the emergency management plan to the social workers and tenants of the group home.

(11)

An applicant shall establish compliance with Exeter Township Code § 390-96H.

As part of the special exception application, the Zoning Hearing Board may impose conditions as deemed necessary or appropriate.

§ 390-71.4 Correctional facility and group institution.

[Amended 6-13-2011 by Ord. No. 713]

A correctional facility or a group institution is permitted by special exception in the LI Light Industrial Zoning District.

Unless otherwise specified by this Code, all correctional facilities and group institutions shall be located on approved lots that comply with all applicable dimensional requirements, the performance standards, the design standards, and the area, yard and height regulations for the LI Light Industrial Zoning District.

All correctional facilities and group institutions shall comply with the following general standards and requirements, which the applicant bears the burden of establishing in pursuing its special exception application:

(1)

A site plan or land development plan shall be accurately prepared for the proposed use. The site plan or land development plan shall show the location and the dimensions of the correctional facility or group institution, off-street parking areas, private entrances, walkways, fencing and landscaping.

(2)

No correctional facility or group institution shall be located within one mile of an existing correctional facility, group institution, institutional use, or state licensed day-care center, nor shall an applicant be permitted to apply for special exception relief for a correctional facility or group institution within one mile of another correctional facility or group institution, be it existing or proposed. Another use or facility shall be deemed "existing" if such uses or facilities are/were in existence or operation at the time of the special exception application; if such uses or facilities have been granted special exception or other zoning approval at the time of the special exception application; if such uses or facilities have obtained preliminary subdivision or land development approval at any time prior to the Zoning Hearing Board's decision on the special exception application; or if such uses or facilities have obtained a zoning permit or building permit from the Township at the time of landowner's special exception application. In instances where an applicant has filed a special exception application for a correctional facility or group institution at a time when an application is pending for another correctional facility or group institution within one mile of the proposed correctional facility or group institution, then the filing date and time for the applications shall control and the earlier-filed application shall be considered "existing" for purposes of this section. The one-mile separation shall be measured:

(a)

From the property line of the property upon which the correctional facility or group institution is proposed and the property line of the property on which any of the aforementioned use(s) and/or application are located; or

(b)

Between the proposed correctional facility or group institution and the nearest building or structure in which such aforementioned use(s) and/or application exist; whichever is applicable and/or whichever results in the greater separation distance.

(3)

No correctional facility or group institution shall be constructed within 250 feet of a residence or residentially zoned property, nor within 1,000 feet of a school, church, playground, park (inclusive of the portion of the property at tax parcel number 43-5344-05-09-4012 on which the Ida B. Mascaro Park has been planned), camp, community center, child-care facility or other area where minor children assemble or congregate. This setback shall be measured, on the one hand, from the location of the building, structure, or other component of a correctional facility or group institution that will house persons, or any administrative offices thereof, and, on the other hand, the property line of the property on which is situated the aforementioned uses (i.e., the property lines of the residence, residentially zoned property, school, church, playground, park, camp, community center, child-care facility or other area where minor children assemble or congregate).

(4)

All correctional facility or group institution buildings, structures, or other component thereof shall be set back from the property line of the property a minimum of 50 feet.

(5)

One off-street parking space shall be provided per employee, computed on the basis of the estimated maximum number of employees that could be present at any given time, plus one space for every 2.5 persons residing within the correctional facility or group institution.

(6)

The Zoning Hearing Board shall attach to any approval conditions ensuring appropriate security measures, including, but not limited to, fencing or other barriers, cameras, lighting, guards, sign-in and sign-out sheets, curfews for residents, patrolling of the property, the use of guard dogs, sirens and direct alarms with the Police Department.

(7)

The applicant shall provide notice of any incidents at the correctional facility involving escapes, attempted escapes, physical altercations resulting in hospitalization, or improper releases of inmates or juvenile residents, to all Township residents and landowners seeking to receive the same, such as through AlertPA or a similar, Township-approved, notification system. Such notices shall be issued within 24 hours of the correctional facility becoming aware of the same.

(8)

The design, construction and operations of the correctional facility shall be supported by expert study as to every aspect of the facility. The implementation of the conclusions of those studies shall be subject to the review and approval of the Township through the special exception process.

(9)

The applicant shall provide documentation to the Township Code Enforcement Officer, Sewage Enforcement Officer and Zoning Officer that the correctional facility or group institution complies with all sewer, water, building, fire, plumbing, heating, electrical and similar facilities, and that the same meets the applicable standards established by the Exeter Township Code and by the Commonwealth of Pennsylvania.

(10)

The applicant shall provide documentation to the Code Enforcement Officer and Zoning Officer that the correctional facility or group institution has been licensed by the appropriate federal and/or Pennsylvania agencies ("the agencies") and shall meet all current regulations of the agencies, including those standards governing indoor space and applicable state and local building and fire safety codes. The applicant shall maintain a current and valid license from the agencies, as applicable.

(11)

The applicant shall provide evidence that a manager or supervisor of the agency or operator of the correctional facility or group institution shall be available 24 hours per day, seven days per week. Likewise, immediate, emergency contact with the agency or operator of the correctional facility or group institution shall be available to the authorized representatives of the Township.

(12)

The applicant shall further provide evidence to establish that its proposed correctional facility or group institution, its facilities and its operation will neither cause a threat to the public health, safety or welfare, nor constitute a threat to the safety of the nearby residents or properties. The applicant shall, as a condition of any special exception approval for a correctional facility, be required to supply the Township Chief of Police, within three days of the admission, transfer or release of any individual inmate into or from the correctional facility, with the name, physical description, sentence and list of offenses for which the inmate has been convicted. This requirement shall not apply to inmates or juvenile residents adjudicated of violent offenses that are not expected to be housed within the correctional facility for fewer than five days. With respect to correctional facilities that provide housing for juveniles adjudicated of violent offenses, the applicant shall provide the Township Chief of Police, within three days of admission, transfer or release of any juvenile into or from such correctional facility, with a list of the offenses for which the juvenile has been adjudicated, noting that the aforesaid list of offenses shall not include personal or identifying information and shall comply with all applicable privacy laws. The applicant shall further be required, as a condition of any special exception approval for said use, to maintain a photograph of each current inmate or juvenile resident of a correctional facility, which may be supplied to the Chief of Police in the event of an emergency or other incident requiring police intervention.

(13)

The applicant must develop an emergency management plan, subject to the annual review and approval of the Township, in the event of a catastrophic event resulting from flooding, fire, snow, ice, earthquake, utility outage or other catastrophic event. The emergency management plan should be submitted to the Township Police Chief, Zoning Officer and Emergency Management Coordinator for review and consideration prior to the issuance of the use and occupancy permit and biannually (every other year) on or before January 31 of such year.

(14)

An applicant shall establish compliance with Exeter Township Code § 390-96H.

As part of the special exception application, the Zoning Hearing Board may impose conditions as deemed necessary or appropriate.

§ 390-71.5 Medical marijuana grower/processor facility.

[Added 2-25-2019 by Ord. No. 823]

A medical marijuana grower/processor facility which grows medical marijuana must be owned and operated by a grower/processor legally registered in the Commonwealth and possess a current valid medical marijuana permit from the DOH.

A medical marijuana grower/processor may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the DOH. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

The floor area of a medical marijuana grower/processor facility shall include sufficient space for production, secure storage of marijuana seed, related finished product cultivation, and marijuana related materials and equipment used in production and cultivation or for required laboratory testing.

There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from any facility where medical marijuana growing, processing or testing occurs.

Marijuana remnants and byproducts shall be secured and properly disposed of in accordance with the DOH policy and shall not be placed within any unsecure exterior refuse containers.

The grower/processor shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is prohibited at medical marijuana grower/processor facilities.

All external lighting serving a medical marijuana grower/processor facility must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties, and must also be in accordance with Chapter 235 of the Code of the Township of Exeter, "Lighting, Outdoor."

Parking requirements will follow the parking schedule found in Chapter 390, Section 37 of the Exeter Township Zoning Ordinance, "Off-Street Parking."

A buffer planting is required where a medical marijuana grower/processor facility adjoins a residential use or district, in accordance with Chapter 390, § 390-31, of the Exeter Township Zoning Ordinance, "Landscaping/screening."

Entrances and driveways to a medical marijuana grower/processor facility must be designed to accommodate the anticipated vehicles used to service the facility.

(1)

All accesses must secure the appropriate highway occupancy permit (state, township).

(2)

The clear sight triangle found in Chapter 390, § 390-43, of the Exeter Township Zoning Ordinance, "Corner lot restrictions," must be considered and maintained.

(3)

The driveway must be designed and improved to the standards expressly described in Chapter 330, § 330-36, of the Exeter Township Subdivision and Land Development Ordinance, "Driveways," and Chapter 390, § 390-38, of the Exeter Township Zoning Ordinance, "Driveways."

Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed it should be from within a secure environment.

§ 390-71.6 Medical marijuana delivery vehicle office.

[Added 2-25-2019 by Ord. No. 823]

A traffic impact study is required where the office is operated, and shall be prepared in accordance with Chapter 330, § 330-47, of the Exeter Township Subdivision and Land Development Ordinance, "Traffic studies."

Parking requirements will follow the parking schedule found in Chapter 390, § 390-37, of the Exeter Township Zoning Ordinance, "Off-street parking."

All external lighting serving a medical marijuana delivery vehicle office must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties, and must also be in accordance with Chapter 235 of the Code of the Township of Exeter, "Lighting, Outdoor."

A buffer planting is required where a medical marijuana delivery vehicle office adjoins a residential use or district, in accordance with Chapter 390, § 390-31, of the Exeter Township Zoning Ordinance, "Landscaping/screening."

Entrances and driveways to a medical marijuana delivery vehicle office must be designed to accommodate the anticipated vehicles used to enter and exit the premises.

(1)

All accesses must secure the appropriate highway occupancy permit (state, township).

(2)

The clear sight triangle found in Chapter 390, § 390-43, of the Exeter Township Zoning Ordinance, "Corner lot restrictions," must be considered and maintained.

(3)

If for some reason a medical marijuana product is to be temporarily stored at a medical marijuana delivery vehicle office facility, the facility must be secured to the same level as a medical marijuana grower/producer facility and dispensary.

Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed it should be from within a secure environment.

§ 390-71.7 Medical marijuana dispensary.

[Added 2-25-2019 by Ord. No. 823]

A medical marijuana dispensary must be legally registered in the Commonwealth and possess a current valid medical marijuana permit from the DOH.

A medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed, permanent, and secure building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

A medical marijuana dispensary may not operate on the same site as a facility used for growing and processing medical marijuana.

Medical marijuana dispensaries shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing medical marijuana.

Permitted hours of operation of a dispensary shall be 8:00 a.m. to 8:00 p.m. (of the same calendar day).

A medical marijuana dispensary shall be a maximum of 3,000 gross square feet, of which no more than 500 square feet shall be used for secure storage of product, and shall have an interior customer waiting area equal to a minimum of 25% of the gross floor area.

A medical marijuana dispensary shall:

(1)

Not have a drive-through service;

(2)

Not have outdoor seating areas;

(3)

Not have outdoor vending machines;

(4)

Prohibit the administering of, or the consumption of medical marijuana on the premises; and

(5)

Not offer direct or home delivery service.

A medical marijuana dispensary may dispense only medical marijuana to certified patients and caregivers and shall comply with all lawful, applicable health regulations.

A medical marijuana dispensary may not be located within 1,000 feet of the property line of a public, private or parochial school or a day-care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of municipality in which it is located.

A medical marijuana dispensary shall be a minimum distance of 1,000 feet from the next nearest medical marijuana facility. This does not include complementing or supporting businesses covered by different definitions. This distance shall be measured in a straight line from the closest exterior walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted, regardless of municipality in which it is located. This separation distance does not apply to the distance between the grower/processor or academic clinical research centers and the specific dispensary they serve, or with which they partner.

Any medical marijuana dispensary lawfully operating shall not be rendered in violation of these provisions by the subsequent location of a public, private or parochial school or a day-care center.

All external lighting serving a medical marijuana dispensary must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties, and must also be in accordance with Chapter 235 of the Code of the Township of Exeter, "Lighting, Outdoor."

Parking requirements will follow the parking schedule found in Chapter 390, § 390-37, of the Exeter Township Zoning Ordinance, "Off-street parking," as listed for medical, dental and paramedical offices.

A buffer planting is required where a medical marijuana dispensary adjoins a residential use or district, in accordance with Chapter 390, § 390-31, of the Exeter Township Zoning Ordinance, "Landscaping/screening."

Entrances and driveways to a medical marijuana dispensary must be designed to accommodate the anticipated vehicles used to service the facility.

(1)

All accesses must secure the appropriate highway occupancy permit (state, township).

(2)

The clear sight triangle found in Chapter 390, § 390-43, of the Exeter Township Zoning Ordinance, "Corner lot restrictions," must be considered and maintained.

(3)

The driveway must be designed and improved to the standards expressly described in Chapter 330, § 330-36, of the Exeter Township Subdivision and Land Development Ordinance, "Driveways," and Chapter 390, § 390-36, of the Exeter Township Zoning Ordinance, "Driveways."

Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed it should be from within a secure environment.

§ 390-71.8 Telecommunications.

[Added 7-13-2020 by Ord. No. 833]

Purpose.

(1)

The purpose of this section is to establish general guidelines for the siting and operation of wireless communications facilities. The goals of this section are to:

(a)

Protect residential areas and land uses from potential adverse impacts of wireless communications facilities;

(b)

Encourage the location of tower-based wireless communications facilities in nonresidential areas;

(c)

Minimize the total number of tower-based wireless communications facilities throughout the community;

(d)

Strongly encourage collocation on existing tower sites as a primary option rather than the construction of additional single-use towers;

(e)

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact to the community is minimal;

(f)

Encourage developers and owners of wireless communications facilities to configure them in a way that minimizes the adverse visual impact of WCFs through careful design, siting, landscape screening, and innovative camouflaging techniques;

(g)

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;

(h)

Consider the public safety effects of WCFs; and

(i)

Minimize potential damage to adjacent properties from tower failure through engineering and careful siting of wireless communications facilities.

(2)

In furtherance of these goals, the Township of Exeter shall give due consideration to Township of Exeter's Comprehensive Plan, Zoning Map, existing land uses, and environmentally sensitive areas in approving sites for the location of wireless communications facilities.

Definitions. As used in this chapter, the following terms shall have the meanings set forth below:

ANTENNA

An apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of wireless service and any commingled information services

BACKHAUL NETWORK

The lines that connect a provider's towers/cell sites to one or more cellular telephone, switching offices, and/or long distance providers, or the public switched telephone network.

BASE STATION

A wireless support structure or wireless communications facility at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower-based WCF as defined herein or any equipment associated with a tower-based WCF.

(1)

The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

(2)

The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).

(3)

The term includes any structure other than a tower-based WCF that, at the time the relevant application is filed with the Township, supports or houses equipment described in Subsections (1) and (2) of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another Township regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

(4)

The term does not include any structure that, at the time the relevant application is filed with the Township under this section, does not support or house equipment described in Subsections (1) and (2) of this definition.

COLLOCATION or COLLOCATED

The mounting of one or more WCFs, including antennas, on a pre-existing structure, or modifying a structure for the purpose of mounting or installing a WCF on that structure.

DEPLOYMENT or DEPLOY

The placement, construction, or modification of a WCF.

DISTRIBUTED ANTENNA SYSTEMS (DAS)

A network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.

ELIGIBLE FACILITIES REQUEST

Any request for modification of an existing wireless support structure that does not substantially change the physical dimensions of the wireless support structure and that involves A) collocation of a new antenna, WCF, or related equipment; B) removal of an antenna, WCF, or related equipment; or C) replacement of an antenna, WCF, or related equipment.

ELIGIBLE SUPPORT STRUCTURE

Any base station, tower-based WCF, or wireless support structure that has been previously approved to support a WCF, provided that it is existing at the time the relevant application is filed with the state or local government under this section.

FAA

The Federal Aviation Administration.

FCC

The Federal Communications Commission.

HEIGHT OF A TOWER-BASED WCF

The vertical distance measured from the ground level, including any base pad, to the highest point on a tower-based wireless communications facility, including the tower and any antennas mounted on the tower and any other appurtenances.

MONOPOLE

A wireless support structure that consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connecting appurtenances.

NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)

Wireless communications facilities collocated on existing structures, such as, but not limited to, existing towers, buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signal poles, flag poles, and other similar structures that do not require the installation of a new support structure solely for the purpose of supporting the non-tower WCF.

PRE-EXISTING TOWERS and PRE-EXISTING ANTENNAS

Any tower or antenna for which a building permit or zoning permit has been properly issued prior to the effective date of this chapter, including permitted towers or antennas that have not yet been constructed, so long as such approval is current and not expired.

RELATED EQUIPMENT

Any piece of equipment related to, incidental to, or necessary for, the operation of a wireless communications facility, including, but not limited to, generators, equipment shelters, equipment cabinets, ice bridges, and fuel sources.

RIGHT-OF-WAY (ROW)

The surface of and space above and below any real property in which the federal, state or Township government has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, and any unrestricted public or utility easements established, dedicated, platted, improved, or devoted for utility purposes. The phrase "in the ROW(s)" means in, on, over, along, above, and/or under the right-of-way.

SMALL WIRELESS COMMUNICATIONS FACILITY (SMALL WCF)

(1)

Wireless communications facilities meeting the definition of "small wireless facilities" in 47 CFR § 1.6002(1):

(a)

The facilities:

[1]

Are mounted on structures 50 feet or less in height including their antennas as defined in 47 CFR § 1.1320(d); or

[2]

Are mounted on structures no more than 10% taller than other adjacent structures; or

[3]

Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is greater;

(b)

Each antenna associated with the deployment, excluding associated antenna equipment [as defined in the definition of "antenna" in 47 CFR § 1.1320(d)], is no more than three cubic feet in volume;

(c)

All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume;

(d)

The facilities do not require antenna structure registration under 47 CFR Part 17;

(e)

The facilities are not located on tribal lands, as defined under 36 CFR 800.16(x); and

(f)

The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).

(2)

Small WCFs must meet all building height requirements of the underlying zoning district and the requirements for small WCFs described in this chapter, unless preempted by state or federal law.

STEALTH TECHNOLOGY

Camouflaging methods applied to wireless communications facilities, antennas, and other facilities that render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted WCFs, WCFs painted to match the existing structure, and facilities constructed to resemble trees, shrubs, and light poles.

SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGE

A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

(1)

For towers and eligible support structures outside the public ROWs, it increases the height of the tower or eligible support structure by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than 10 feet, whichever is greater.

(a)

Changes in height should be measured from the original wireless support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.

(2)

For towers outside the public ROWs, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;

(3)

For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public ROWs and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;

(4)

It entails any excavation or deployment outside the current site;

(5)

It would defeat the concealment elements of the eligible support structure; or

(6)

It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in 47 CFR 1.6100(b)(7)(i) through (iv).

TOWER

Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio, or similar communications purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes the structure and any support thereto. The term does not include any structure designed and constructed primarily to support one or more small WCFs.

TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)

A wireless communication facility requiring the construction of a tower for support, including, but not limited to, self-supporting lattice towers, guyed towers, and monopoles. The term "tower-based wireless communications facility" shall include the tower, antenna, and all related equipment. The term "tower-based wireless communications facility" shall not include WCFs that qualify as small WCFs.

WBCA

Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.).

WIRELESS

Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.

WIRELESS COMMUNICATIONS FACILITY (WCF)

The antennas, nodes, transmission lines, control boxes, poles, conduits, ducts, pedestals, electronics, and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services. DAS antenna sites are wireless communications facilities.

WIRELESS SUPPORT STRUCTURE

A pole, tower, base station, or other structure, whether or not it supports an existing WCF, that is used or to be used for the provision of wireless service (whether on its own or comingled with other types of services).

Applicability.

(1)

All new antennas, DAS, non-tower WCFs, tower-based WCFs, towers, and wireless support structures in the Township of Exeter shall be subject to these regulations.

(2)

Pre-existing antennas, DAS, non-tower WCFs, tower-based WCFs, towers, and wireless support structures shall not be subject to these regulations, other than the requirements of § 390-71.8D(6) and (7). All pre-existing antennas, DAS, non-tower WCFs, tower-based WCFs, towers, and wireless support structures that do not meet the requirements of this section, as amended, shall be considered pre-existing, nonconforming uses, and/or structures, as applicable. Any modification, repair, or replacement of a pre-existing antenna, DAS, non-tower WCF, tower-based WCF, tower or wireless support structure must comply with these regulations.

(3)

The following uses are not governed by the provisions of this section, but are governed by other sections of Chapter 390 and all other applicable ordinances, regulations, and statutes: antennas used for amateur radio communications ("ham radio antennas"); structures erected solely to mount ham radio antennas; and satellite dishes less than 40 inches in diameter and used solely for personal, residential use.

General requirements for all WCFs.

(1)

Principal or accessory use. WCFs may be considered either principal or accessory uses.

(2)

Lot size. For purposes of determining whether the installation of a WCF complies with district development regulations, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the WCF may be located on leased parcels within such lot.

(3)

Inventory of existing sites. Each applicant seeking to erect a tower shall provide to the Zoning Officer an inventory of its existing towers that are either within the jurisdiction of the Township of Exeter or within one mile of the border thereof, including specific information about the location, height, and design of each existing tower. The Zoning Officer may share such information with other applicants applying for approvals or permits under this chapter or other organizations seeking to locate WCFs within the jurisdiction of the Township of Exeter; provided, however, that the Zoning Officer is not, by sharing such information, disclosing any confidential information or in any way representing or warranting that such sites are available or suitable.

(4)

Lighting. Towers shall not be artificially lighted, unless required by the FAA, the Township of Exeter, or other applicable authority. If lighting is required, the lighting alternatives and design chosen will be specified by the Township of Exeter and conform to FAA regulations and other chapters of the Township Code.

(5)

Eligible facilities request. WCF applicants proposing an eligible facilities request or the collocation of a small WCF that falls under the WBCA shall be required only to obtain a building permit from the Township Zoning Officer, and shall not be required to meet the height limitations or bulk and area requirements of the underlying zoning district. In order to be considered for such permit, the WCF Applicant must submit a permit application to the Township in accordance with applicable permit policies and procedures, subject to the applicable requirements of federal law and the WBCA.

(6)

Wind. All WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222-G, as amended).

(7)

Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a WCF. A current schedule of applicable fees is available on the Township's website and in the Township's offices.

(8)

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

(9)

Public safety communications. WCF shall not interfere with public safety communications or the reception of broadband, television, radio, or other communication services enjoyed by occupants of nearby properties.

(10)

Radio frequency emissions. A WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. Applicants for WCFs must demonstrate that the proposed WCFs meet this requirement.

(11)

State or federal requirements. All WCFs, towers, and wireless support structures must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate WCFs or wireless support structures. If changes to such state or federal standards or regulations mandate modifications of the then-existing WCFs, towers, or wireless support structures, then the owners and/or operators of the WCFs and wireless support structures governed by this chapter shall bring such WCFs and wireless support structures into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring WCFs, towers, and wireless support structures into compliance with such revised standards and regulations shall constitute grounds for the removal of the WCF, tower, and/or wireless support structure at the owner's expense.

(12)

Building codes/safety standards. To ensure the structural integrity of towers and wireless support structures, the owner a tower or wireless support structure shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers and/or wireless support structures that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Township of Exeter concludes that a tower or wireless support structure fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower or wireless support structure, the owner shall have 30 days to bring such tower or wireless support structure into compliance with such standards. Failure to bring such tower or wireless support structure into compliance within said 30 days shall constitute grounds for the removal of the tower or wireless support structure at the owner's expense.

(13)

Measurement. For purposes of measurement, tower and wireless support structure setbacks and separation distances shall be calculated and applied to facilities located in the Township of Exeter irrespective of municipal and county jurisdiction boundaries.

(14)

Not essential services. To the extent not preempted by state or federal law, WCFs and wireless support structures shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities.

(15)

Public notice. For purposes of this section, any applicant proposing the installation of a WCF requiring a conditional use or variance request shall be required to issue public notice, as defined by the Municipalities Planning Code, and individual notice, as defined in this chapter, to all abutting property owners and all owners of parcels that are located within a five-hundred-foot radius from the proposed WCF, in addition to any notice otherwise required by law.

(16)

Indemnification. The owner and operator of a WCF shall, at the owner and operator's sole cost and expense, enter into an agreement to indemnify, defend, and hold harmless the Township, its elected and appointed officials, employees, and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by, or connected with any act or omission of the owner or operator and their respective officers, agents, employees, or contractors arising out of, but not limited to, the construction, installation, operation, maintenance, or removal of the WCF. The owner and operator shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance, or removal of a WCF. The obligation to indemnify, hold harmless, and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, expert fees, court costs, and all other costs of indemnification.

(17)

Signs. All WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF or at the WCF site shall be those required by the FCC, or any other federal or state agency.

(18)

Wireless support structures and related equipment. Wireless support structures and related equipment shall comply with the requirements of § 390-71.8K.

(19)

Multiple antenna/tower/WCF plan. The Township of Exeter encourages the users of antennas, towers, and WCFs to submit a single application for approval of multiple antenna, tower, and/or WCF sites. Applications for approval of multiple sites shall be given priority in the review process.

(20)

Timing of municipal action.

(a)

Applications for all permits required by this section and any other applicable Township Code section shall be reviewed within the following timeframes, unless 1) the applicant and Township agree to a different time period or 2) circumstances make compliance with the following time periods objectively unreasonable:

[1]

To collocate a small WCF on an existing wireless support structure: 60 days.

[2]

To collocate a non-tower WCF that is not a small WCF on an existing wireless support structure: 90 days.

[3]

To deploy a small WCF on a new wireless support structure: 90 days.

[4]

To deploy a tower-based WCF on a new tower: 150 days.

(b)

Batching of applications for small WCFs. The time periods detailed in this section apply even if a single application seeks authorization to deploy multiple small WCFs, provided that the application seeks authorization for only one type of deployment, e.g., the collocation of small WCFs on existing wireless support structures, or the deployment of small WCFs on new wireless support structures. In the event that a single application seeks authorization for a mix between those deployments described in §§ 390-71.8(D)(20)(a)[1] and [3], the time period for review for the application shall be 90 days, unless such a time period is unreasonable.

(c)

Tolling periods.

[1]

If the Township determines that an application to deploy small WCFs is materially incomplete, the Township shall notify the applicant of the deficiencies, with citations to the rule or regulation that requires submission of the missing information or documentation, within 10 days of receipt of the application. The shot clock for review of the application restarts at zero on the date on which the applicant submits the information or documents identified by the Township in the notice of deficiency.

[2]

For all other initial applications, the tolling period is the number of days from the day after the date the Township notifies the applicant in writing of the material deficiencies, with citations to the rule or regulation that requires submission of the missing information or documentation, until the date when the applicant submits the missing information or documents identified in the written notice of deficiency. This tolling period shall not apply unless the Township notifies the applicant of the material deficiencies on or before the 30th day after the date that the application was submitted.

[3]

For resubmitted applications following a notice of deficiency, the tolling period is the number of days from the day after the date the Township notifies the applicant in writing that the applicant's supplemental submission failed to render the application complete until the date when the applicant submits all of the information and documentation identified by the Township, provided that the Township notifies the applicant that the application remains deficient on or before the 10th day after the date when the applicant makes the supplemental submission.

Non-tower wireless communications facilities.

(1)

The following regulations shall apply to all non-tower WCFs:

(a)

Permitted in all zoning districts subject to regulations. Non-tower WCFs may be collocated, modified, or replaced on wireless support structures in all zoning districts, provided the collocation, modification, or replacement does not result in a substantial change to the wireless support structure, subject to the restrictions and conditions prescribed below, applicable law, and permitting by the Township.

(b)

Conditional use authorization in all zoning districts. The collocation, modification, or replacement of a non-tower WCF that substantially changes an existing wireless support structure or expands an equipment compound shall be permitted only upon conditional use approval of the Board of Supervisors.

(c)

Placement in ROWs. Non-tower WCFs are not permitted in the ROWs in the zoning districts identified in Article IV of this chapter, Conservation and Residential Zoning Districts. Non-tower WCFs may be collocated in the ROWs in the zoning districts identified in Article V of this chapter, Commercial and Industrial Zoning Districts, upon conditional use approval.

(d)

Height limitations. Except as described in § 390-71.8D(5), and to the extent not preempted by state or federal law, the deployment of a non-tower WCF shall require compliance with the height limitations and bulk and area requirements of the underlying zoning district.

(e)

Prohibited on certain structures. Non-tower WCFs shall not be located on single-family detached residences, single-family attached residences, or any residential accessory structure.

(f)

Historic resources. Non-tower WCFs shall not be located on a property, building, or structure that is a) listed on the National or Pennsylvania Registers of Historic Places, or is eligible to be so listed, or b) listed on any official inventory of historic resources maintained by the Township, unless the owner is entitled to such installation by federal rules and regulations.

(g)

Insurance. The owner and operator of a non-tower WCF shall provide the Township with a certificate of insurance that includes the Township as an additional insured, and that evidences general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the non-tower WCFs.

(h)

Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

[1]

Non-tower WCFs shall be fully automated and unattended on a daily basis, and shall be visited only for maintenance or emergency repair.

[2]

Maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security.

[3]

Maintenance activities shall utilize the best available technology for preventing failures and accidents.

(i)

Reservation of rights. In accordance with applicable law, the Township reserves the right to deny an application for the construction or placement of any non-tower WCF for numerous factors, which include but are not limited to visual impact, design, and safety standards.

(j)

Engineer seal and signature. All plans and drawings for a non-tower WCF shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.

(2)

The following additional regulations shall apply to non-tower WCFs located outside of ROWs:

(a)

Development regulations. Non-tower WCFs shall be collocated on wireless support structures, and shall be subject to the following conditions:

[1]

The applicant for a non-tower WCF must submit documentation that justifies the total height of the proposed non-tower WCF as mounted on the wireless support structure.

[2]

If related equipment is proposed to be located in a separate building or structure, the building or structure shall comply with all applicable area and bulk requirements set forth in the underlying zoning district.

[3]

An opaque security fence, not chain-link, and at least eight feet in height shall surround any related equipment housed in a separate building or structure, and landscaping shall be installed around the fencing, to provide four-season screening from all abutting properties. Vehicular access to the non-tower WCFs and related equipment shall not interfere with the parking or vehicular circulation of the site's principal use.

(b)

Design regulations. Non-tower WCFs, to the extent technically feasible, shall employ stealth technology and shall be treated to match the wireless support structure to which they are attached, in order to minimize aesthetic impact. Aesthetic standards specific to the different types of non-tower WCFs are available on the Township's website and in the Township's offices. Satellite dishes and antennas used for the purpose of receiving television, phone, and/or internet connections at a private residence or business only shall be exempt from the design regulations enumerated herein.

(c)

Removal, replacement, and modification. The removal, replacement, and modification of non-tower WCFs and/or related equipment, for the purpose of upgrading or repairing the non-tower WCF and/or related equipment, shall be permitted, provided that a) such repair or upgrade does not substantially change the non-tower WCF or the number of antennas, b) the change in the equipment does not affect the non-tower WCF's compliance with Section 390-71.8K, and c) any required permits are obtained from the Township.

(d)

Inspection. The Township reserves the right to inspect non-tower WCFs to ensure compliance with the provisions noted herein, and with any other provision in Township Code or federal or state law. The Township and/or its agents shall have the authority to enter the property upon which a non-tower WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

(3)

The following additional regulations apply to non-tower WCFs in ROWs:

(a)

Collocation. Non-tower WCFs that are not small WCFs shall be collocated on existing wireless support structures or replacement wireless support structures that are constructed to support WCFs and perform the function of an existing wireless support structure. Such collocation or deployment on a replacement wireless support structure is only permitted in the Commercial and Industrial Zoning Districts upon conditional use approval. The replacement wireless support structure must be decommissioned and removed following the completion of construction. The replacement wireless support structures must be located as close as feasible to the to-be-removed wireless support structure and must comply with all other regulations applicable to the type of wireless support structure that was replaced.

(b)

Design requirements. Non-tower WCFs shall meet the following design conditions:

[1]

All related equipment components located above the surface grade shall be no greater than three feet in height.

[2]

All related equipment employed shall be the smallest and least visibly intrusive equipment feasible.

[3]

Antennas and all related equipment shall be treated to match the supporting structure, and non-tower WCFs and related equipment shall be painted, or otherwise coated, to be visually compatible with the wireless support structure on which they are mounted.

(c)

Time, place, and manner. The Township shall determine the time, place, and manner of construction, maintenance, repair, and/or removal of all non-tower WCFs in ROWs, based on public safety, traffic management, physical burden on the right-of-way, and related considerations, in the sole discretion of the Township.

(d)

Equipment location. Non-tower WCFs and related equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROWs, as determined by the Township, in its sole discretion. In addition:

[1]

Ground-mounted equipment, walls, or landscaping shall not be located within 18 inches of the face of the curb, or within that part of an easement extending onto a privately owned lot, without the private landowner's permission as memorialized in a recorded easement.

[2]

Ground-mounted equipment that cannot be installed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features, to the satisfaction of the Township.

[3]

Graffiti on a wireless support structure, non-tower WCF, or related equipment shall be removed at the sole expense of the owner within 10 business days of the date of notice from the Township of the existence of the graffiti.

[4]

All underground vaults shall be reviewed and approved by the Township.

[5]

Replacement wireless support structures shall not be located in front of any building entrance or exit.

(4)

Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a non-tower WCF in the right-of-way shall, at his or her own expense, temporarily or permanently remove, relocate, change, or alter the position of any non-tower WCF when the Township determines that such removal, relocation, change, or alteration is reasonably necessary to construct, repair, maintain, or install a Township or other public improvement in the right-of-way; conduct operations of the Township; to conduct the operations of another government entity, in the right-of-way; vacate a roadway; establish or release a utility or other easement; or address an emergency as determined by the Township.

Tower-based wireless communications facilities.

(1)

The following regulations shall apply to all tower-based wireless communications facilities (tower-based WCFs):

(a)

Conditional use approval. Towers are permitted only in the FI-Flex Industrial, LI-Light Industrial, and GI-General Industrial zoning districts by conditional use approval of the Board of Supervisors.

(b)

In addition to proving compliance with all other applicable requirements in this section and § 390-90, to receive conditional use approval, the applicant shall:

[1]

Demonstrate the proposed height of the tower is the minimum height required to operate the tower-based WCF. No applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The applicant shall demonstrate the tower is proposed at the minimum height necessary for the service area.

[2]

Demonstrate that the applicant cannot adequately extend or infill its communications system by the use of antennas and/or non-tower WCFs.

[3]

Demonstrate the proposed tower complies with all state and federal laws and regulations concerning aviation safety.

[4]

Provide a written commitment that it will allow other service providers to collocate on the tower where this is technically and economically feasible.

[5]

For a tower that is located on a property with another principal use, provide documentation that the property owner has granted an easement or lease for the proposed tower, and that vehicular access will be provided to the facility by way of easement from a public road to the tower.

(c)

Engineer inspection, seal, and signature. Prior to the issuance of a permit authorizing construction and erection of a tower-based WCF, a structural engineer licensed in Pennsylvania shall issue to the Township a written certification of the tower's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association. All plans and drawings for a tower and/or tower-based WCF shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.

(d)

Visual appearance. Towers and tower-based WCFs shall employ stealth technology to minimize aesthetic impact. All wireless communications equipment buildings and other accessory facilities shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible.

[1]

The Township may require that equipment cabinets and related equipment that houses electrical transmitters and like components be placed underground, unless determined to be detrimental to the functioning and physical integrity of such equipment.

[2]

The Township may consider whether stealth technology for the proposed tower and/or tower-based WCF promotes the harmonious and orderly development of the zoning district involved; encourages compatibility with the character and type of development existing in the area; benefits neighboring properties by preventing a negative impact on the aesthetic character of the community; preserves woodlands and trees existing at the site to the greatest possible extent; and encourages sound engineering and land development design and construction principles, practices, and techniques.

(e)

Collocation and siting. An application for a tower-based WCF on a new tower shall not be approved unless the antenna and related equipment for the proposed tower-based WCF cannot be accommodated on a pre-existing tower or wireless support structure. The applicant shall demonstrate that he or she has contacted the owners of tall structures, buildings, and towers within a one-quarter-mile radius of the site proposed; sought permission to install a WCF on those structures, buildings, and towers; and was denied for at least one of the following reasons:

[1]

The proposed antennas and related equipment would exceed the structural capacity of the existing building, structure, or tower, and its reinforcement could not be accomplished at a reasonable cost.

[2]

The proposed antennas and related equipment would cause radio frequency interference with other existing equipment located at that existing building, structure, or tower, and the interference could not be prevented at a reasonable cost.

[3]

Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.

[4]

A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.

(f)

Permit required for modifications. To the extent permissible under applicable state and federal law, and subject to the requirements of this chapter, the modification or replacement of an existing tower-based WCF, modification or replacement substantially changes the overall height of a tower or expands the area of a tower compound, shall require conditional use approval. Modification or replacement of an existing tower-based WCF, which modification or replacement does not substantially change the overall height of the tower or expand the area of the tower compound, shall only require applicable zoning and building permits.

(g)

Height. Towers shall be designed at the minimum functional height and shall comply with the height requirements of this chapter, which requirements include the height of the highest-mounted tower-based WCF:

[1]

For a single user or systems, up to 100 feet in height;

[2]

For two users or systems, up to 150 feet in height; and

[3]

For three or more users or systems, up to 200 feet in height.

(h)

Development regulations.

[1]

A tower-based WCF may be permitted as the sole use on a lot. The minimum distance between the base of the tower and any adjoining property line or right-of-way line shall equal not less than the tower-based WCF's total height, including any tower-based WCFs or antennas.

[2]

Towers shall be designed structurally, electrically, and in all respects to accommodate the collocation of additional antennas.

[3]

Towers shall be equipped with a manufacturer-approved anti-climbing device.

[4]

Existing vegetation, trees, and shrubs located within 300 feet of the base of a tower shall be preserved to the maximum extent possible.

[5]

Access road. An access road of at least 20 feet in width, turnaround space, and parking shall be provided to ensure adequate emergency and service access to a tower and its tower-based WCFs. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the owner and operator of the tower or the tower-based WCF shall present documentation to the Township that the property owner has granted an easement for the proposed facility.

[6]

Parking. If deemed necessary by the Township Board of Supervisors, there shall be two off-street parking spaces for each tower.

(i)

Related equipment building. Any building or other structure housing related equipment shall comply with the required bulk and area requirements of the applicable zoning district for an accessory structure.

(j)

Maintenance. The following maintenance requirements shall apply:

[1]

Tower-based WCFs shall be fully automated and unattended on a daily basis, and shall be visited only for maintenance or emergency repair.

[2]

Maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.

[3]

Maintenance activities shall utilize the best available technology for preventing failures and accidents.

(k)

Historic properties and conservancy lands. Tower-based WCFs shall not be located on a property, building, or structure that is a) listed on the National or Pennsylvania Registers of Historic Places, or is eligible to be so listed; b) listed on any official inventory of Historic Resources maintained by the Township, unless the owner is entitled to such installation by federal rules and regulations; or c) under a conservation easement.

(l)

Lighting. Towers and tower-based WCFs shall not be artificially lighted, except as required by law. If lighting is required, the owner shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations, in accordance with lighting requirements in other chapters of the Township Code of Ordinances.

(m)

Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Township Code, as measured at the lot lines, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

(n)

Aviation safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

(o)

Pre-existing nonconforming uses. Pre-existing nonconforming towers and/or tower-based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location, but must comply with all applicable terms and conditions of these regulations that are necessary to protect public health and safety. Collocation on existing nonconforming towers is similarly permitted upon conditional use approval, provided that all safety-oriented requirements of this chapter are met.

(p)

FCC license. The owner or operator of a tower-based WCF shall submit a copy of the owner or operator's current FCC license, including the name, address, and emergency telephone number for the operator of the facility.

(q)

Reservation of rights. In accordance with applicable law, the Township reserves the right to deny an application for the construction or placement of any tower or tower-based WCF for numerous factors, including but not limited to visual impact, design, and safety standards.

(r)

Insurance. The owner and operator of a tower and/or tower-based WCF shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower and/or tower-based WCF.

(s)

Inspection by Township. The Township reserves the right to inspect towers and tower-based WCFs to ensure compliance with the provisions herein and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a tower or tower-based WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

(t)

Annual inspection report. A tower owner shall submit to the Township Engineer proof of an annual inspection of a tower by an independent professional engineer, as required by the ANSI/EIA/TIA-222-G Code. Based upon the results of such an inspection, the Board of Supervisors may require removal or repair of the tower or any WCF located on the tower. In the event the annual inspection referred to above is not submitted to the Township in a timely manner, the landowner, as well as the applicant or other licensed provider of wireless communications service, shall be subject to civil enforcement proceedings, in accordance with Article VIII of this chapter 390, and such other remedies as are provided by law, including but not limited to the cost to the Township to have the tower inspected.

(u)

Fall zone area. Each new tower shall have a fall zone area equivalent to the height of said tower, which area shall be measured from the base of the tower in a 360° radius equal to the height of the same. The applicant shall demonstrate that it has control over the fall zone area, e.g., ownership in fee simple, a leasehold, license, or easement. No residential structures may be located within the fall zone area of a tower.

Small WCFs.

(1)

The following requirements apply only to small WCFs. To the extent that any provision in this § 390-71.8G conflicts with the requirements for non-tower WCFs described in § 390-71.8E, the provisions of § 390-71.8G shall prevail as to small WCFs.

(a)

Location and development standards.

[1]

Collocated small WCFs and small WCFs requiring the installation of a new wireless support structure are permitted by administrative approval from the Township Zoning Officer in all Township zoning districts, subject to the requirements of this § 390-71.8G and all applicable requirements of the Exeter Township Code of Ordinances.

[2]

Small WCFs in the public ROW requiring the installation of a new wireless support structure shall not be located in front of any front facade area, as defined in Small Wireless Communications Facility Design Manual, Section 390-71.8a.[1]

[1]

Editor's Note: The Design Manual is included as an attachment to this chapter.

[3]

All small WCFs shall comply with the applicable requirements of the Americans with Disabilities Act and all Township Code requirements applicable to streets and sidewalks.

(b)

Nonconforming wireless support structures. Small WCFs shall be permitted to collocate upon nonconforming wireless support structures, provided that the entire deployment meets the other requirements of this § 390-71.8G. Collocation of WCF upon existing wireless support structures is encouraged even if the wireless support structures is nonconforming as to use within a zoning district.

(c)

Standard of care. Small WCFs shall be designed, constructed, operated, maintained, repaired, modified, and removed in strict compliance with all current applicable technical, safety, and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, or to the industry standard applicable to the structure. WCFs shall at all times be kept and maintained in good condition, order, and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or damage any property in the Township.

(d)

Historic buildings. No small WCF may be located within 50 feet of or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures list maintained by the Township.

(e)

Wind and ice. Small WCFs shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to the industry standard applicable to the structure.

(f)

Aviation safety. Small WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

(g)

Public safety communications. Small WCFs shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

(h)

Radio frequency emissions. A small WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

(i)

Time, place, and manner. The Township shall determine the time, place, and manner of construction, maintenance, repair, and/or removal of all small WCF in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.

(j)

Related equipment. Small WCF and related equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Township.

(k)

Graffiti. Graffiti on any wireless support structure or on any related equipment shall be removed at the sole expense of the owner within 30 days of notification by the Township.

(l)

Engineer seal and signature. All plans and drawings for a small WCF shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.

(m)

Design standards. Small WCFs in the Township shall comply with the requirements of the Township Small Wireless Communications Facility Design Manual, Section 390-71.8a.[2] A copy of such shall be kept on file at the Township Engineering Office.

[2]

Editor's Note: The Design Manual is included as an attachment to this chapter.

(n)

Relocation or removal of facilities. Within 90 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a small WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change, or alteration is reasonably necessary under the following circumstances:

[1]

The construction, repair, maintenance, or installation of any Township or other public improvement in the ROW;

[2]

The operations of the Township or other governmental entity in the ROW;

[3]

Vacation of a street or road or the release of a utility easement; or

[4]

An emergency as determined by the Township.

(o)

Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a small WCF, as set forth by resolution of the Township. Such fees shall comply with the applicable requirements of the Federal Communications Commission.

(p)

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

Permitted use on Township property. Towers, tower-based WCFs, small WCFs, and non-tower WCFs located on property owned in fee or leased by the Township of Exeter are permitted in all zoning districts by conditional use, provided that a license or a lease authorizing such tower, tower-based WCF, or non-tower WCF has been approved by the Township of Exeter. The Township of Exeter shall abide by all deed restrictions and state law when determining whether to lease or license property owned or leased by the Township of Exeter. Tenants and licensees on Township property shall be required to meet all requirements of this chapter and all other applicable laws and ordinances. Nothing in this § 390-71.8H shall limit the Township of Exeter's rights under § 390-4.

Zoning permits.

(1)

General. The following provisions shall govern the issuance of zoning permits for uses governed by this chapter that do not require conditional use approval:

(a)

Each applicant for a zoning permit shall apply to the Zoning Officer on the Township-issued form, providing the information set forth in § 390-71.8J of this chapter, to the extent applicable; information specific to the type of proposed deployment; and a nonrefundable fee as established by resolution of the Board of Supervisors to reimburse the Township of Exeter for the costs of reviewing the application.

(b)

The Zoning Officer shall review the application and determine if the proposed use complies with § 390-71.8J(2)(d) and (e) of this section and all other requirements in this chapter.

(c)

The Zoning Officer shall respond to each such application within the applicable time period by either approving or denying the application. If the Zoning Officer fails to respond to the applicant within the applicable time period, then the application shall be deemed approved, but only to the extent required by state or federal law. The Zoning Officer shall identify the reasons for any denial in writing by citing to the requirements the application failed to meet and the zoning relief needed to secure a zoning permit.

(d)

If an application for a zoning permit is denied, the applicant shall file an application for a conditional use permit pursuant to § 390-71.8J and/or an application for any variances required. The shot clock time periods described in this chapter apply to the initial application, either for a zoning permit or for a conditional use or variance.

(e)

Each applicant for a zoning permit shall provide a rendering of the existing site of the proposed WCF and the proposed changes to the existing site after construction of the WCF.

(2)

List of administratively approved uses. The Zoning Officer may approve the following uses and issue a zoning permit after conducting an administrative review:

(a)

Any antenna or non-tower WCF which is attached to a wireless support structure may be approved by the Zoning Officer as an accessory use to any commercial, industrial, professional, institutional, or multifamily structure of eight or more dwelling units, provided:

[1]

The antenna or non-tower WCF and related equipment comply with all applicable FCC and FAA regulations;

[2]

The antenna or non-tower WCF and related equipment comply with all applicable building codes; and

[3]

The proposed siting is permitted by this chapter.

(b)

An existing tower may be modified or rebuilt to taller height to accommodate the collocation of additional antennas, subject to the maximum height requirements of the underlying zoning districts, other height requirements of this chapter, and in accordance with state and federal law, and as long as the increase in height is less than 10%, or the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater.

[1]

The height change referred to in § 390-71.8I(2)(b) may only occur one time per tower.

[2]

The additional height referred to in § 390-71.8I(2)(b) shall not require an additional distance separation as set forth in § 390-71.8J. The tower's pre-modification height shall be used to calculate such distance separations.

[3]

The tower's modified or reconstructed height must meet all other height restrictions in this chapter.

[4]

A tower which is being rebuilt to accommodate the co-location of additional antennas or tower-based WCFs may be moved on site within 50 feet of an existing location.

[a]

After the tower is rebuilt to accommodate collocation, only one tower may remain on the site. The decommissioned tower must be removed within 180 days of the receipt of the final building permit for the new tower.

[b]

A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to § 390-71.8J(2)(e). The relocation of a tower hereunder shall in no way be deemed to cause a violation of § 390-71.8J(2)(e), except as described in § 390-71.81(2)(b)[4][c].

[c]

Section 390-71.8I(2)(b)[4][b] does not apply to tower separation distances to residential units or residentially zoned lands established in § 390-71.8J(2)(e); relocated on-site towers must comply with these separation distances.

(c)

Installing small WCFs on new wireless support structures and collocating small WCFs on existing wireless support structures, provided that these deployments meet the requirements for small WCFs set out in this chapter.

Conditional use permits.

(1)

General. The following provisions shall govern the issuance of conditional use permits for uses described in this chapter by the combined Board of Supervisors:

(a)

In granting a conditional use permit, the Board of Supervisors may impose conditions to the extent the Board of Supervisors concludes such conditions are necessary to minimize any adverse effect of the proposed antenna or tower on adjoining properties.

(b)

A licensed professional engineer shall certify any information of an engineering nature submitted by the applicant, whether civil, mechanical, or electrical.

(c)

An applicant for a conditional use permit shall submit the information described in this section and a nonrefundable fee as established by resolution of the governing body to reimburse the Township of Exeter for the reasonable costs of reviewing the application, as more fully described in the fee schedule located on the Township's website and in the Township offices.

(2)

Tower-based WCFs.

(a)

Information required. In addition to any information required for application for conditional use permits pursuant to § 390-90 of the Zoning Ordinance, applicants for a conditional use permit for a tower shall submit the following information:

[1]

A scaled site plan clearly indicating the location, type, and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), classification of the site and all properties within the applicable separation distance set forth in § 390-71.8J(2)(e), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the Zoning Officer to be necessary to assess compliance with this chapter.

[2]

A legal description of the parent tract and leased parcel (if applicable).

[3]

The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.

[4]

The separation distance from other towers described in the inventory of existing sites submitted pursuant to § 390-71.8D(3) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and owner/operator of the existing tower(s), if known.

[5]

A landscape plan showing specific landscape materials.

[6]

Method of fencing and finished color and, if applicable, the method of camouflage and illumination.

[7]

A description of compliance with §§ 390-71.8D(3) through (7), (9), (10) and (13); 390-71.8J(2)(d) and (e); and all applicable federal, state and local laws.

[8]

A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.

[9]

Identification of the entities providing the backhaul network for the tower(s) described in the application and other tower sites owned or operated by the applicant in the municipality.

[10]

A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

[11]

A rendering of the existing site of the proposed tower-based WCF and the proposed changes to the existing site after construction of the tower-based WCF.

(b)

Factors considered in granting conditional use for towers. In addition to any standards for consideration of conditional use permit applications pursuant to § 390-90, the Board of Supervisors shall consider the following factors in determining whether to issue a conditional use permit:

[1]

Height for the proposed tower;

[2]

Proximity of the tower to residential structures and residential district boundaries;

[3]

Nature of uses on adjacent and nearby properties;

[4]

Surrounding topography;

[5]

Surrounding tree coverage and foliage;

[6]

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

[7]

Proposed ingress and egress; and

[8]

Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in § 390-71.8J(2)(c) of this chapter.

(c)

Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Board of Supervisors that no existing tower, wireless support structure, or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antennas or WCF. An applicant shall submit information related to the availability of suitable existing towers, other structures, or alternative technology. Evidence submitted to demonstrate that no existing tower, wireless support structure, or alternative technology can accommodate the applicant's proposed antenna might consist of any of the following:

[1]

No existing towers or wireless support structures are located within the geographic area which meet applicant's engineering requirements.

[2]

Existing towers or wireless support structures are not of sufficient height to meet the applicant's engineering requirements.

[3]

Existing towers or wireless support structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.

[4]

The applicant's proposed antenna or WCF would cause electromagnetic interference with the antennas on the existing towers or wireless support structures, or the antennas on the existing towers or wireless support structures would cause interference with the applicant's approved antenna or WCF.

[5]

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or wireless support structure or to adapt an existing tower or wireless support structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

[6]

The applicant demonstrates that there are other limiting factors that render existing towers and wireless support structures unsuitable.

[7]

The applicant demonstrates that an alternative technology that does not require the use of towers or wireless support structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wire line system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

(d)

Setbacks. Each tower-based WCF shall have a setback equal to its height or the setback requirement of the applicable zoning district, whichever is greater. Guys and accessory buildings must satisfy the minimum zoning district setback requirements.

(e)

Separation. The following separation requirements shall apply to all towers and antennas for which a conditional use or special exception is required:

[1]

Separation from off-site uses/designated areas.

[a]

Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.

[b]

Separation requirements for towers shall comply with the minimum standards established in Table 1.

Table 1
Off-Site Uses/Designated Area	Separation Distance (feet)
Single-family detached dwelling, single-family semidetached dwelling, two-family detached dwelling, mobile home, manufactured home	200
Vacant land zoned for single-family detached dwellings or single-family semidetached dwellings, which is either planned or has unexpired, preliminary subdivision plan approval	200
Vacant unplatted residentially zoned lands	100
Apartment buildings and townhouses	100
Nonresidentially zoned lands or nonresidential uses	None: only yard setbacks apply

(f)

Security fencing. Towers shall be enclosed by opaque, non-chain-link security fencing not less than eight feet in height and shall also be equipped with an appropriate anticlimbing device.

(g)

Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required.

[1]

Landscaping shall be required to screen as much of a newly constructed tower and related equipment as possible. Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view year-round of the tower compound from property used for residences. The Board of Supervisors may permit any combination of existing vegetation, topography, walls, decorative fences, or other features instead of landscaping, if, in the Board's discretion, the approach achieves the aesthetic and screening goals of this chapter. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.

[2]

Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited in large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

Buildings or other equipment storage.

(1)

Non-tower WCFs. The equipment or structure used in association with non-tower WCFs that are not also small WCFs shall comply with the following:

(a)

The cabinet or structure shall not contain more than 250 square feet of gross floor area or be more than 12 feet in height. In addition, for buildings and wireless support structures that are less than 65 feet in height, the related unmanned equipment structure, if over 100 square feet of gross floor area or 12 feet in height, shall be located on the ground or in the wireless support structure and shall not be located on the roof of the building or on top of the wireless support structure.

(b)

If the related equipment structure is located on the roof of a building, the area of the related equipment structure and other equipment shall not occupy more than 10% of the roof area.

(c)

Related equipment buildings or cabinets shall comply with applicable building codes.

(2)

Small WCFs. The related equipment cabinet or structure used in association with small wireless communications facilities shall not exceed the limitations described in the definition of small WCF in § 390-71.8B.

(3)

Tower-based WCFs. The related unmanned equipment structure shall not contain more than 250 square feet of gross floor area or be more than 12 feet in height and shall be located in accordance with the minimum yard requirements of the zoning district in which it is located.

(4)

Modification of building size requirements. The Board of Supervisors may modify the requirements of § 390-71.8K(1) through (3).

Removal of abandoned antennas, WCFs, towers, wireless support structures, and related equipment.

(1)

Any antenna, WCF, tower, and/or related equipment that is not operated for a continuous period of six months shall be considered abandoned and must be removed. This provision does not apply to wireless support structures that have a dual use, e.g., a silo, building, light pole, power line, etc., when the other use of the wireless support structure has not been abandoned; however, the abandoned WCF, antennas, and/or related equipment associated with the wireless support structure shall require removal in accordance with this section. If there are two or more users of a single tower, wireless support structure, and/or related equipment, then this provision shall not become effective until the same are abandoned by all users.

(2)

Should the abandoned antenna, WCF, tower, and/or related equipment not be removed after the six-month period, the Township may notify the record parcel owner and the owner of such antenna, WCF, wireless support structure, tower, and/or related equipment that the Township shall remove the abandoned equipment and/or structures following a ninety-day notice period.

(3)

The owner of the abandoned antenna, WCF, tower, and/or related equipment and the owner of the underlying parcel shall be jointly and severally liable for all costs associated with such removal, including, but not limited to, legal fees incurred.

(4)

Nothing in this section imposes on the Township of Exeter a duty to inspect antenna, WCF, wireless support structure, tower, and/or related equipment to determine whether they are in use.

Nonconforming uses.

(1)

Pre-existing towers. Pre-existing towers shall be allowed to continue their usage as they presently exist. Routine maintenance (excluding replacement with a new tower of like construction and height) shall be permitted on such pre-existing towers.

(2)

Construction other than routine maintenance on a pre-existing tower. Construction other than routine maintenance on a pre-existing tower, including, but not limited to replacement of pre-existing tower with a new tower of like construction and height, significant repairs, and/or substantial changes must comply with the requirements of this chapter.

(3)

Rebuilding damaged or destroyed nonconforming towers, wireless support structures, WCFs, or antennas. Notwithstanding § 390-71.8J, bona fide nonconforming towers, WCFs, or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a conditional use permit and without having to meet the separation requirements specified in § 390-71.8J(2)(e). The type, height, and location of the tower on site shall be of the same type and intensity as the original facility. Building permits to rebuild the facility shall comply with the then-applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower, WCF, or antenna shall be deemed abandoned as specified in § 390-71.8J.

Compliance with Township Code.

(1)

Notwithstanding anything to the contrary in this chapter, each applicant for a building permit, electrical permit, zoning permit, conditional use, or variance under this chapter shall meet any and all requirements of the Township's Subdivision and Land Development Ordinance, and any other applicable Township ordinance or regulation.

Exeter Township City Zoning Code

ARTICLE VI

§ 390-27 Access to structure.

§ 390-28 Erection of more than one principal structure on a lot.

§ 390-29 Residential accessory buildings, structures and uses.

§ 390-30 Nonresidential accessory buildings, structures and uses.

§ 390-31 Landscaping/screening.

§ 390-32 Agricultural use regulations.

§ 390-33 Recreational use regulations.

§ 390-34 Design standards for commercial, industrial, and educational uses.

§ 390-35 Environmental performance standards for uses in all zoning districts.

§ 390-36 Loading areas.

§ 390-37 Off-street parking.

§ 390-38 Driveways.

§ 390-39 No-impact home-based business regulations.

§ 390-40 Home occupation regulations.

§ 390-41 Front yard exceptions.

§ 390-42 Fences, walls and hedges.

§ 390-43 Corner lot restrictions.

§ 390-44 Projections into yards.

§ 390-45 Existing principal and accessory building exceptions.

§ 390-46 Height exceptions.

§ 390-47 Conduct of agricultural activities.

§ 390-48 Steep slope controls.

§ 390-49 Removal of natural resources.

§ 390-50 Standards for public utility uses.

§ 390-51 Historic resource controls.

§ 390-52 Outdoor storage.

§ 390-53 Private airports/heliport.

§ 390-54 Manufactured and industrialized housing foundation requirements.

§ 390-55 Environmental assessment statement.

§ 390-56 Forestry controls/timber harvesting controls.

§ 390-57 Dwelling unit determination.

§ 390-58 Storage of vehicles.

§ 390-59 Energy systems.

§ 390-59.1 Solar energy systems.

§ 390-60 Open space/conservation development.

§ 390-61 Resubdivision.

§ 390-62 Portable toilets.

§ 390-63 Bed-and-breakfast.

§ 390-63.1 Short-term lodging facilities.

§ 390-64 Yard sales.

§ 390-65 Tank farms.

§ 390-66 Apartments and townhouses.

§ 390-67 Electric power production.

§ 390-68 Cogeneration electric power production.

§ 390-69 Regulations for signs.

§ 390-70 Adaptive reuse standards.

§ 390-71 Farmers markets.

§ 390-71.1 Boarding kennel (short-term).

§ 390-71.2 Undefined or other land uses.

§ 390-71.3 Group homes.

§ 390-71.4 Correctional facility and group institution.

§ 390-71.5 Medical marijuana grower/processor facility.

§ 390-71.6 Medical marijuana delivery vehicle office.

§ 390-71.7 Medical marijuana dispensary.

§ 390-71.8 Telecommunications.