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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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).

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.

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

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.

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.

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

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

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

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

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

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.

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

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

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

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

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.

The sale of farm products is subject to:

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

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

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

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

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.

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

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.

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.

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.

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.

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:

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

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

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.

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.

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.

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.

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

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

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.

A building is constructed or a new use established.

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

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

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:

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.

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

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

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

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

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.

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:

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.

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.

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.

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

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.

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

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.

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.

Calculation of parking spaces required with shared parking.

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.

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.

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:

General provisions.

Required stacking spaces.

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

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).

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.

Occupations requiring customers coming to the home may:

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).

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

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

There shall be no external storage of equipment.

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

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

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.

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

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.

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

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).

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

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

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.

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

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

A zoning permit shall be required.

Neighbor impact letters must be submitted.

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.

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

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

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.

Approved stormwater detention and retention basins.

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

The minimum lot area of the applicable zoning district; or

The summation of the following:

The minimum lot width of the applicable zoning district; or

The summation of the following:

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

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

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

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.

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

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.

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:

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

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

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.

Retaining walls.

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.

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.

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.

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

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

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

To encourage the preservation of historic settings and landscapes;

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

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

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

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

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:

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.

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.

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.

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

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.

Standards for rehabilitation:

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.

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:

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.

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:

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:

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.

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.

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.

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

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

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

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

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;

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

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;

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

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

No night landings shall be permitted;

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

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.

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.

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.

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.

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.

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.

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.

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

Description of the proposal:

Describe the environment:

Environmental impact of the proposed action:

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.

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.

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?

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.

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.

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

Methods.

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.

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:

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.

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

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.

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 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.

General requirements.

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.

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.

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

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.

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.

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

Visual appearance; lighting; powerlines.

Setbacks. The following setbacks and separation requirements shall apply:

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.

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.

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.

Safety.

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.

Decommissioning; removal.

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

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

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.

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.

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.

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.

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.

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

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.

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.

Glare.

Decommissioning.

Permit requirements.

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

Ground-mounted accessory solar energy systems.

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.

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

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.

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.

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.

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

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.

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.

Glare.

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

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

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.

Decommissioning.

Permit requirements.

Ground-mounted principal solar energy systems.

Inspection, safety, and removal.

A ten-acre minimum tract size is required.

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.

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

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

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.

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

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

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.

Buffer yard requirements:

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

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:

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:

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

Management, maintenance and ownership of open space.

Maintenance standard.

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

Special events such as parades, inaugurations, etc.

Municipal use.

Seasonal use.

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.

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).

Types of accommodations:

Parking:

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.

Licensing procedure.

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.

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

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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:

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

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.

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:

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:

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.

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.

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:

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.

Fence fabric.

Fence installation.

Posts (fence and gate).

The methane shall constitute at least 60% of the fuel source used to generate electricity.

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.

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.

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.

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.

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.

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.

No sign shall be erected or located so as to prevent free ingress to or egress from any window, door, or fire escape.

No sign that emits smoke, vapors or particulates, sound, or odor shall be permitted.

No portion of any sign shall project over a lot line.

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.

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.

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.

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.

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.

No vulgar, indecent or obscene signs may be displayed in any manner.

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.

All sign provisions of this chapter shall apply to the use of silos, smokestacks, water towers and other similar structures as signs.

Signs on mobile stands, which can be moved from place to place, and vehicular signs or signs affixed to other moveable structure are prohibited.

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.

Portable signs are prohibited.

Vehicular signs are prohibited.

Temporary signs other than those recognized by this chapter are prohibited.

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.

Search lights, pennants, spinners, banners and streamers are prohibited, except as otherwise stated in this chapter.

Electronic signs shall only be permitted pursuant to Subsection D below.

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.

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.

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.

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.

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.

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.

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.

V-type or back-to-back freestanding signs. Two signs are permitted in a V-type or back-to-back orientation, provided that:

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.

Off-premises signs must comply with all provisions of § 390-69D above.

Off-premises electronic signs may not contain any flashing, scrolling or moving lights, text or graphics, or any full-motion video.

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.

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.

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.

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.

At no point on the electronic sign shall the luminance exceed 340cd/m² after sunset.

Off-premises electronic signs may not be located in the Neighborhood Commercial Zoning District or the Restricted Office Commercial District.

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.

Demonstrating compliance with § 390-96H;

Demonstrating compliance with the provisions of this § 390-69;

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;

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

Establishing that the proposed freestanding sign will not will not create a public health, welfare or safety concern.

Off-premises freestanding signs greater than 300 square feet shall not be permitted.

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.

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.

Additional entrances, when required, shall be placed on the side or rear of the historic resource to avoid disruption of the front facade.

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.

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.

An application for adaptive reuse shall be accompanied by the following information:

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:

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:

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:

Area and bulk standards.

The applicant shall comply with § 390-90 (pertaining to conditional use applications).

The applicant shall establish that the use complies with the area, yard and height requirements set forth in § 390-25.

The applicant shall establish that the use complies with the performance standards, as set forth in § 390-35.

The applicant shall establish that the use complies with the design standards set forth in § 390-34.

The undefined use shall be serviced by public sanitary sewage facilities and public water supply facilities.

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.

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.

The applicant shall establish that it complies with all state, federal or other regulations pertaining to the proposed use.

The applicant shall establish that the proposed use does not adversely affect the public health, safety or welfare.

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.

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.

No more than two live-in employees or supervisors shall reside in a group home.

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.

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.

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.

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.

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.

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.

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.

An applicant shall establish compliance with Exeter Township Code § 390-96H.

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.

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:

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

An applicant shall establish compliance with Exeter Township Code § 390-96H.

All accesses must secure the appropriate highway occupancy permit (state, township).

The clear sight triangle found in Chapter 390, § 390-43, of the Exeter Township Zoning Ordinance, "Corner lot restrictions," must be considered and maintained.

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."

All accesses must secure the appropriate highway occupancy permit (state, township).

The clear sight triangle found in Chapter 390, § 390-43, of the Exeter Township Zoning Ordinance, "Corner lot restrictions," must be considered and maintained.

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."

Not have a drive-through service;

Not have outdoor seating areas;

Not have outdoor vending machines;

Prohibit the administering of, or the consumption of medical marijuana on the premises; and

Not offer direct or home delivery service.

All accesses must secure the appropriate highway occupancy permit (state, township).

The clear sight triangle found in Chapter 390, § 390-43, of the Exeter Township Zoning Ordinance, "Corner lot restrictions," must be considered and maintained.

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."

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:

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.

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.

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.

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.

Principal or accessory use. WCFs may be considered either principal or accessory uses.

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.

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.

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.

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.

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).

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

Wireless support structures and related equipment. Wireless support structures and related equipment shall comply with the requirements of § 390-71.8K.

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.

Timing of municipal action.