Ferguson Township Centre County
City Zoning Code

Intent. It is the intent of this section to preserve the natural functions of floodplains, to protect life and property from the hazards of flooding, to protect the waters of the Township and to minimize the financial burdens which floods impose upon the community. These purposes shall be advanced by preventing certain uses and structures from locating in floodplains while allowing others which will not 1) impede the flow of floodwaters, 2) present the hazard of pollution, erosion and sedimentation of floodplains and watercourses, 3) result in increased surface runoff and downstream flooding, and 4) impede the recharge of aquifers.

Permitted Uses. Floodplains may be only used for the following, provided such uses and structures do not conflict with the limitations of Subsection 3C, below:

Use Limitations. Uses permitted in § 27-701, Subsection 3B are limited as follows:

Zoning Permit. Prior to the issuance of any zoning permit, the Zoning Administrator shall review the application for the permit to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended[2]); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended[3]); the Pennsylvania Clean Streams Act (Act 1937-394, as amended[4]); and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made.

Land Development Plan Review. Any applicant for a zoning permit who is engaging in land development (as that term is defined in Chapter 22, Subdivision and Land Development) within a floodplain or 100 feet therefrom shall submit, along with the application, a land development plan as required in Part 10 of this chapter.

Conditional Use. Local alluvial soils, while not always displaying all of the characteristics common to alluvial soils, may be subject to periodic inundation or flooding. For this reason they shall be considered an integral part of the floodplain network. However, they may be exempted from the provisions of this section when it is determined that, by use of proper engineering and conservation practices, such conditional use will not have the effect of nullifying the intent of this section and they are not within a watercourse, drainageway channel or stream, or within the floodplain area of the Flood Insurance Rate Map for Ferguson Township as prepared by the Federal Insurance Administration. A conditional use may be a use as permitted by the existing Township zoning district, where the soils are found as previously listed and a floodplain does not exist.

Wetlands. Areas subject to periodic inundation by floodwaters and/or occurring without flooding shall include:

Floodways. No activity, land development, structure, building or obstruction shall be permitted within an identified floodway portion of the floodplain district.

Use Buffer. A land buffer remaining in its natural condition shall be not less than 100 feet separating the permitted use from the edge of the top of the bank of the watercourse. The 100-foot distance is to start from the outermost edge of the watercourse measured in a perpendicular direction to the approved use. A fifty-foot land buffer remaining in its natural condition shall be provided between the permitted use and the edge of the floodplain as defined by FEMA.

Variances.

Abrogation and Greater Restrictions. This section supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive.

Intent. It is the intent of this section to control the following purposes: 1) to limit erosion and sedimentation, 2) to prevent an increase in the possibilities of landslides and soil subsidence, 3) to maintain adequate foliage cover on hillsides and 4) to protect streams from increases in sediment and pollution.

Permitted Uses. Steep slopes may be used as permitted by the district regulations within which they are located, subject to the additional requirements below.

Principles of Development. Where it is necessary to use steep slopes (25% or greater) to permit development of a lot, all such proposals shall, in addition to other applicable regulations of this chapter, be in accordance with the following principles of development. All development on steep slopes shall:

Land Development Plan Review. All applications for zoning permits for lot, uses and structures located, in whole or in part, on land with steep slopes shall submit, along with the application, a land development plan as required in the Township Subdivision and Land Development Ordinance.[1]A land development plan is not required for residential dwellings when a zoning permit is issued for lot, uses and structures that are not located directly on the steep sloped portions of the lot and are not within 50 feet of the steep slopes on the lot.

All outdoor storage of fuel, raw materials and products, except finished products for retail sale to the public, for a commercial or industrial use, in any commercial, industrial or village district, shall be completely screened from view from any public right-of-way and residential district by a sight-obscuring evergreen planting, fence or wall. Secondary fuel containment shall be constructed as necessary.

All discarded organic rubbish or garbage stored outdoors shall be placed in watertight, vermin-proof containers.

All trash dumpsters, compactors and other refuse storage containers, other than those for single-family detached homes and other curbside collection, must be completely screened from view on all sides. The screening to be installed must be sight-obscuring and shall be installed at the height of the dumpster/refuse container. The permitted screening materials are as follows: a fence, evergreen plantings in combination with deciduous shrubs or a wall. Plants installed for screening are required to be the height of the dumpster/refuse container at the time of planting. Refuse storage containers other than those for single-family detached homes and other curbside collection shall not be permitted in the front yard of any property.

To provide a competitive and wide range of communications services.

To encourage the shared use of existing communication towers, buildings and structures.

To ensure compliance with federal and state regulations.

To promote the health, safety and welfare of Township residents and businesses with respect to wireless communications facilities.

To address modern and developing technologies including, but not limited to, distributed antenna systems, data collection units, cable Wi-Fi and other communications facilities.

To establish procedures for design, siting, construction, installation, maintenance and removal of both tower-based and non-tower-based wireless communications facilities in the Township, including facilities both inside and outside of the public rights-of-way.

To protect Township residents and businesses from potential adverse impacts of wireless communications facilities and preserve, to the extent permitted under law, the visual character of established communities and the natural beauty of the landscape.

Standard of Care. Any tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety, and safety-related codes including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

Wind. Any tower-based WCF structures shall be designed to withstand the effects of wind according to the standard designed by the ANSI as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry (ANSFEINTIA-222-E Code, as amended).

Zoning Districts. All tower-based WCF constructed outside the ROW shall be permitted as a conditional use in the Rural Agricultural (RA), Agricultural Research (AR), Rural Residential (RR), General Commercial (C), Forest/Game Lands (FG), Traditional Town Development (TTD), Industrial (I) and Light, Industry, Research and Development (IRD) Zoning Districts by the Board of Supervisors.

Standards for Conditional Use. Any tower-based WCF outside of the ROW shall be permitted by conditional use in the zoning districts designated in § 27-710, Subsection 2C. All conditional uses shall be reviewed with the standards and criteria of this section. In granting a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards as necessary to implement the purposes of this section and the Pennsylvania MPC.[1]

Public Safety Communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Maintenance. The following maintenance requirements shall apply:

Radio Frequency Emissions. No tower-based WCF may, by itself or in conjunction with other WCF, generate radio frequency emissions in excess of the standards and regulations of the Federal Communications Commission (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. The applicant shall provide, upon request, a statement from a qualified licensed and professional registered engineer that the non-ionizing electromagnetic radiation (NIER) emitted from the tower-based WCF, when measured in conjunction with the emissions from all communications antenna on the tower, does not result in an exposure at any point on or outside such facility which exceeds the lowest applicable exposure standards established by the FCC or the ANSI.

Historic Buildings or Districts. No tower-based WCF may be located on or within 200 feet of a site that is listed on an historic register, a site listed for inclusion on the historic register, or in an officially designated state or federal historic district.

Identification. All tower-based WCF shall post a notice in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency, subject to approval by the Township. The notice shall not exceed two square feet in gross surface area and shall maintain the contact party.

Lighting. Tower-based WCF shall not be artificially lighted, except as required by the Federal Aviation Administration and as may be approved by the Township. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. No flag shall be located on the structure that requires lighting.

Appearance. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color as determined by the Board of Supervisors during the public hearing to harmonize with the surroundings.

Noise. Tower-based WCF shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and Chapter 10, Part 3, of the Ferguson Township Code of Ordinances, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

Aviation Safety. Tower-based WCF shall comply with all federal and state laws and regulations concerning aviation safety.

Retention of Experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.

Timing of Approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Township, the Township shall notify the applicant, in writing, of any information that may be required to complete such application. All complete applications for tower-based WCF shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF, and the Township shall advise the applicant, in writing, of its decision. If additional information is requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the 150-day review period.

Nonconforming Uses. Nonconforming tower-based WCF which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of this section. Co-location of facilities may be permitted on nonconforming structures in accordance with standards established in the Pennsylvania Wireless Broadband Collocation Act.

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

Application Fees. The Township may assess appropriate and reasonable application fees directly related to the Township's actual costs in reviewing and processing the application for approval of a tower-based WCF, as well as related inspection, monitoring and related costs.

Tower Setbacks and Location. A tower-based WCF located outside of the ROW shall comply with the following:

Sole Use on a Lot. A tower-based WCF is permitted as the sole use on a lot subject to the minimum lot size complying with the requirements of this chapter.

Combined with Another Use. A tower-based WCF may be permitted on a property with an existing use or on a vacant parcel in combination with another agricultural, industrial, commercial, or municipal use, subject to the following conditions:

Notice. Upon receipt of a letter of a complete application by the Township for a tower-based WCF, the applicant shall mail notice thereof to the owner or owners of every property within 500 radial feet of the parcel or property of the proposed facility. The applicant shall provide the Township with evidence that the notice was mailed out to applicable property owners.

Design and Construction.

Surrounding Environs. A soil report complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA/TIA-222-G Manual, as amended, shall be submitted to the Township to document and verify design specifications of the foundation for the tower-based WCF.

Fence/Screen.

Accessory Equipment.

Access Road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. The vehicular access to the tower-based WCF and communications facility building shall meet the applicable municipal street standards for private streets and/or driveway standards. Where applicable, the WCF owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility.

Inspection. The Township reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this section and any other provisions found within the Township Code of Ordinances or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

For the purposes of this section, the regulations shall only apply to non-tower-based wireless communications facilities that are not regulated by the Pennsylvania Wireless Broadband Collocation Act or the Small Wireless Facilities Deployment Act (Act 50), except where noted or where otherwise permitted by law.

The following regulations shall apply to all non-tower-based wireless communications facilities located outside the right-of-way, that do not substantially change the physical dimensions of the wireless support structure to which they are attached, as defined above:

The following regulations shall apply to all non-tower-based wireless communications facilities located outside the right-of-way that substantially change the wireless support structure to which they are attached:

Development Regulations. Non-tower-based WCF shall be co-located on existing structures, such as existing building or tower-based WCF, subject to the following conditions:

Design Regulations.

Removal, Replacement, and Modification.

Inspection. The Township reserves the right to inspect any WCF to ensure compliance with the provisions of this section and any other provisions found within the Township Code of Ordinances or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Penalties. Any person violating any provision of this section shall be subject, upon finding by a Magisterial District Judge, to a penalty not exceeding $500, for each and every offense, together with attorneys' fees and costs. A separate and distinct violation shall be deemed to be committed each day on which a violation occurs or continues to occur. In addition to an action to enforce any penalty imposed by this section and any other remedy at law or in equity, the Township may apply to a federal district court for an injunction or other appropriate relief at law or in equity to enforce compliance with or restrain violation of any provision of this section.

Determination of Violation. In the event a determination is made that a person has violated any provision of this section, such person shall be provided written notice of the determination and the reasons therefor. Except in the case of an emergency, the person shall have 30 days to cure the violation. If the nature of the violation is such that it cannot be fully cured within such time period, the Township may, in its reasonable judgment, extend the time period to cure, provided that person has commenced to cure and is diligently pursuing its efforts to cure. If the violation has not been cured within the time allowed, the Township may take any and all actions authorized by this section and/or federal and/or Pennsylvania law and regulations.

Police Powers. The Township, by granting any permit or taking any other action pursuant to this section, does not waive, reduce, lessen, or impair the lawful police powers vested in the Township under applicable federal, state, and local laws and regulations.

Severability. If any section, subsection, sentence, clause, phrase, or word of this section is for any reason held illegal or invalid by any court of competent jurisdiction, such provision shall be deemed a separate, distinct, and independent provision, and such holding shall not render the remainder of this section invalid.

A small wind energy system shall be permitted as an accessory use on any lot of at least one acre in size located in the RA or RR Zoning Districts, subject to compliance with the following provisions:

Tower heights of not more than 80 feet shall be allowed on parcels between one and two acres. Properties over two and up to five acres may have tower heights up to and including 140 feet. For property sizes of five acres or more, there is no limitation on tower height except as imposed by FAA regulations, provided that evidence is provided that the proposed height does not exceed the height recommended by the manufacturer or distributor of the system.

Setbacks for the system tower shall be no closer to the property line than the height of the system and, no part of the system, including guy wires anchors, may extend closer than 10 feet to the property boundary. Additionally, the outer and innermost guy wires must be marked and clearly visible to a height of six feet above the guy wire anchors.

Permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for determination that the manner of installation conforms to the National Electrical Code. This information may be supplied by the manufacturer.

Permit applications for small wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with the Uniform Building Code and certified by a licensed professional engineer shall also be submitted. This analysis may be supplied by the manufacturer.

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

Small wind energy systems shall comply with all applicable state construction and electrical codes. The owner/operator of the small wind energy system must also obtain any permits required by other federal, state and local agencies/departments prior to erecting the system.

Decibel levels for the system shall not exceed 60 decibels (dBA) measured at the property line, except during short-term events such as utility outages and severe wind storms.

The small wind energy system shall not cause any radio, television, microwave, or navigation interference. If a signal disturbance problem is identified, the owner shall correct the problem within 90 days of being notified of the problem.

The system owner/operator shall make all reasonable efforts to minimize and/or eliminate shadow flicker to occupied buildings on immediately adjacent properties. The applicant is responsible for identifying problem areas where shadow flicker will interfere with existing or future residences and describe proposed mitigation measures including, but not limited to, a change in siting of the wind energy conversion system, a change in the operation of the wind energy conversion system, or grading or landscaping mitigation measures.

The small wind energy system shall maintain a galvanized neutral finish or be painted to conform to the surrounding environment to minimize adverse effects. No small wind energy system shall have any signage, writing, pictures, or decorations placed on it at any time other than warning, equipment, and ownership information. No small wind energy system shall have any flags, streamers, banners, or other decorative items that extend from any part of the system, placed on it at any time.

A small wind energy system shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.

The small wind energy system shall have an automatic overspeed control to render the system inoperable when winds are blowing in excess of the speeds for which the system is designed, and a manually operable method to render the system inoperable in the event of a structural or mechanical failure of any part of the system.

All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access. The tower shall be designed and installed so as not to provide step bolts, a ladder, rungs, or other publicly accessible means of climbing the tower, for a minimum height of eight feet above the ground elevation.

All electrical wires associated with a small wind energy system shall be located underground when practicable. All wires not located underground including, but not limited to, wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box and the grounding wires, shall be contained within an appropriate conduit suitable for same.

No portion of the small wind energy system blade shall extend within 20 feet of the ground.

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 inter connected customer-owned generator. Off-grid systems shall be exempt from this requirement.

When application is made for approval of a small wind energy system, notified in written form to the owners of all properties adjacent and within 200 feet of the lot on which the system is to be constructed.

A meteorological tower shall be permitted under the same standards, permit requirements, and procedures as a small wind energy system.

A small wind energy system that is out-of-service for a continuous twelve-month period will be deemed to have been abandoned. Nonfunction or lack of operation may be proven by reports from the interconnected utility. The owner/operator shall make available to the Zoning Administrator all reports to and from the purchaser of energy from the small wind energy system if requested.

If the small wind energy system is determined to be abandoned, the owner of the small wind energy system shall remove the wind generator from the tower at the owner's sole expense within three months of notice of abandonment. The owner is solely responsible for removal of the system and all costs, financial or otherwise, of system removal.

It is unlawful for any person to construct, install, or operate a small wind energy system that is not in compliance with this section or any condition contained in a building permit issued pursuant to this section. Small wind energy systems installed prior to adoption of this section are exempt.

Whether the applicant is handicapped or disabled within the meaning of the Federal Fair Housing Act Amendments or the Americans with Disabilities Act.

The degree to which the accommodation sought is related to the handicap or disability of the applicant.

A description of hardship, if any, that the applicant will incur absent provisions of the reasonable accommodation requested.

The extent to which the requested accommodation is necessary to afford the applicant an opportunity equal to a nonhandicapped or nondisabled person to use and enjoy the dwelling in question.

The extent to which the proposed accommodation may impact other landowners in the immediate vicinity.

The extent to which the requested accommodation would impose financial and administrative burdens upon Ferguson Township.

The extent to which the requested accommodation would impose an undue hardship upon Ferguson Township.

The extent to which the accommodation would require a fundamental alteration in the nature of Ferguson Township's regulatory policies, objectives and regulations.

The extent to which the requested accommodation would result in a subsidy, privilege, or benefit not available to nonhandicapped or nondisabled persons.

The permanency of the requested accommodation and the conditions under which such accommodation will be removed, terminated or discontinued when they are no longer needed to provide handicapped or disabled persons equal opportunity to use and enjoy the dwelling in question.

The extent to which the requested accommodation will increase the value of the lot during and after its occupancy by applicant.

Provide lot owners and business owners/operators with flexibility in satisfying their on-site energy needs.

Reduce overall energy demands within the community and to promote energy efficiency.

Integrate alternative energy systems seamlessly into the community's neighborhoods and landscapes without diminishing quality of life in the neighborhoods.

This section applies to building-mounted and ground-mounted systems installed and constructed after the effective date of the section.

Solar PV systems constructed prior to the effective date of this section are not required to meet the requirements of this section.

Any upgrade, modification or structural change that materially alters the size or placement of an existing solar PV system shall comply with the provisions of this section.

Building-mounted and ground-mounted systems are permitted in all zoning districts as an accessory use to any lawfully permitted principal use on the same lot upon issuance of the proper permit pursuant to this section and upon compliance with all requirements of this section and as elsewhere specified in this section.

Building-integrated systems, as defined by this section, are not considered an accessory use and are not subject to the requirements of this section.

Building-mounted systems are permitted to face any rear, side and front yard or any unregulated yard area as defined in this section. Building-mounted systems may only be mounted on lawfully permitted principal or accessory structures.

Ground-mounted systems are permitted based on the requirements for accessory uses or structures in the property's zoning district.

The solar PV system must be constructed to comply with the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999, as amended, and any regulations adopted by the Pennsylvania Department of Labor and Industry as they relate to the UCC, except where an applicable industry standard has been approved by the Pennsylvania Department of Labor and Industry under its regulatory authority.

All wiring must comply with the National Electrical Code, most recent edition, as amended and adopted by the Commonwealth of Pennsylvania. For ground-mounted systems, all exterior electrical lines must be buried below the surface of the ground where possible or be placed in conduit.

The solar PV system must be constructed to comply with the most recent fire code as amended and adopted by the Commonwealth of Pennsylvania.

Ground-Mounted Systems. Ground-mounted systems are subject to the accessory use or structure setback requirements in the zoning district in which the system is to be constructed. The required setbacks are measured from the lot line to the nearest part of the system. No part of the ground-mounted system shall extend into the required setbacks due to a tracking system or other adjustment of solar PV-related equipment or parts.

Notwithstanding the height limitations of the zoning district:

Notwithstanding the height limitations of the zoning district:

Building-mounted systems on a sloped roof shall not be required to be screened.

Building-mounted systems mounted on a flat roof shall not be raised to a height greater than three feet from the roof surface.

The surface area of any ground-mounted system, regardless of the mounted angle of any portion of the system, is considered impervious surface and shall be calculated as part of the lot coverage limitations for the zoning district. If the ground-mounted system is mounted above existing impervious surface, it shall not be calculated as part of the lot coverage limitations for the zoning district.

Building-Mounted Systems.

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

No signage or graphic content may be displayed on the solar PV system except the manufacturer's badge, safety information and equipment specification information. Said information shall be depicted within an area no more than 36 square inches in size.

All solar PV systems are subject to compliance with applicable performance standards detailed elsewhere in this chapter.

The Centre Region Code Administration reserves the right to inspect a solar PV system for building or fire code compliance and safety.

If, upon inspection, the Centre Region Code Administration determines that a fire code or building code violation exists, or that the system poses a safety hazard to persons or property, the Township may order the lot owner to repair or remove the system within a reasonable time. Such an order shall be in writing, shall offer the option to repair, shall specify the code violation or safety hazard found and shall notify the lot owner of his or her right to appeal such determination.

If a lot owner fails to repair or remove a solar PV system as ordered and any appeal rights have been exhausted, the Township may enter the lot, remove the system and charge the lot owner and or facility owner and operator for all costs and expenses of removal, including reasonable attorney's fees or pursue other legal action to have the system removed at the lot owner's expense.

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

Before any construction or installation on any solar PV system shall commence, a permit issued by the Township shall be obtained to document compliance with this section.

When the land involved lies wholly or partly within a zoning district qualifies as a solar energy project, the buffering and screening shall be clearly marked on the site plan and shall include a detailed list of the materials to be used, plant species, height or size at the time of planting, and mature height or size.

When the land involved qualifies as a solar energy project, traffic impact on any road upon which the solar energy project will front shall be included with the plan for the period of construction and post construction. The applicant shall state the actions they intend to take to mitigate the impact of increased traffic to the site.

When the land involved qualifies as a solar energy project, a decommissioning plan, which may include the anticipated life of the project, the estimated cost of decommissioning, how such an estimate was determined, and the manner in which the project will be decommissioned. The applicant shall provide a performance bond or other agreed-upon secured funding sources payable to the Board of Supervisors in a form approved by the Township Solicitor to ensure that performance obligations are satisfied, up to and including the costs for decommissioning, unless the Board of Supervisors specifically waives the requirement in an approval of the special use permit. When a solar energy project is scheduled to be abandoned, the facility owner or operator shall notify the Township, in writing, prior to ceasing operations and shall provide a schedule for implementation of the decommissioning plan. If any solar energy project is not operated for a continuous period of one year, or if the work called for in the decommissioning plan fails to progress in a timely manner, the Board of Supervisors may take any necessary action to compel the physical removal of the solar energy project in compliance with the decommissioning plan after written notice is provided to the project owner by certified mail. The project owner shall have 30 days from the date of the letter to provide a written explanation of the inactivity and to request a delay in action by the Board of Supervisors.

Accessory Keeping of Livestock, Noncommercial. Accessory keeping of livestock as an accessory use, subject to the following regulations:

Beekeeping.

Permitting Process for Accessory Livestock. Applicants proposing the noncommercial keeping of livestock and/or beekeeping must submit a zoning permit application identifying the following:

Verification that the applicant is familiar with the requirements set forth in this chapter.

Provide a wide range of quality, workforce housing for households with an income of 80% to 120% of area median income (AMI) in high opportunity neighborhoods, those with superior access to quality schools, services, amenities and transportation;

To support the Centre Region Comprehensive Plan's goal of providing a wide range of sound, affordable and accessible housing consistent with the fair share needs of each municipality in the Centre Region;

Provide criteria for workforce housing including, but not limited to, design, construction, phasing, and location within a development;

To facilitate and encourage development and redevelopment that includes a range of housing opportunities through a variety of residential types, forms of ownership, home sale prices and rental rates;

To work in partnership and support local, state, and federal programs to create additional housing opportunities;

Responsibly allocate resources to increase housing opportunities for families and individuals facing the greatest disparities;

Ensure the opportunity of workforce housing for employees of businesses that are located in or will be located in the Township;

To ensure affordable homeownership, is defined as a mortgage payment and housing expenses (principal, interest, taxes, insurance, and condominium or association fees, if any) costing no more than 30% of a family's gross month income, per the Department of Housing and Urban Development (HUD) definition; and

Effectively enforce and administer the provisions of the Workforce Housing Program.

Article VI, Zoning.

These regulations are enacted under the authority of the Pennsylvania Human Relations Act (Act of October 27, 1995, P.L. 744, as amended),[1] which guarantees fair housing.

Posting of the fair housing practices notice is required pursuant to the Pennsylvania Human Relations Act.

Ten or more residential dwelling units;

Renovation of a residential structure that results in 10 or more additional residential dwelling units within five years; and

Conversion of a nonresidential property to a residential property that results in 10 or more residential dwelling units within five years.

The permit application must include a Workforce Housing Program option selection.

Calculation of Workforce Units. To calculate the minimum number of workforce units required in any land development listed in Subsection 4, Applicability, the total number of proposed units shall be multiplied by 10%.

Workforce units may be built on-site, paid fee-in-lieu, or built off-site.

Accommodations.

Ferguson Township's Option to Purchase.

Limitations.

Except for household income, asset limitations and the primary residency requirement as set forth herein, occupancy of any workforce unit shall not be limited by any conditions that are not otherwise applicable to all units within the covered project;

Execution of a workforce housing development agreement shall be a condition of approval of a land development plan, or general master plan.

Concurrence by the designated administrator of the Workforce Housing Program that the workforce housing is being provided within the development or phase;

The location(s), zoning designation(s) and ownership of the development or phase;

The number and type of workforce housing dwelling units that will be provided and the calculations used to determine the number of units provided;

If a fee-in-lieu is proposed for the development or phase, in whole or part, the fee-in-lieu calculation methodology that will be applied to workforce housing dwelling units, within the development or phase;

Any accommodations provided in § 27-716, Subsection 6B, that are being utilized for the project;

A description of the development or phase proposed, including the name of the development project and marketing name;

A graphical depiction of the location of workforce housing units within the development or phase, and if available, the lot numbers for the workforce housing dwelling units;

A schedule for the construction of the workforce housing dwelling units, consistent with that shown on the approved plans for the development or phase;

The proposed sale prices and affordability restrictions for each workforce housing dwelling unit and a copy of the applicable affordability deed restrictions and covenants;

The proposed marketing plan for the workforce housing;

Acknowledgement that § 27-716, Subsection 11, Continued Affordability, Compliance and Reporting Requirements will be followed;

Indication of which, if any, of the workforce housing dwelling units will be special needs housing for seniors, disabled, or other special needs populations and a description of the unique features or services for that population;

Indication as to whether the applicant or, for off-site construction, a third party will be constructing the workforce housing dwelling units. If a third party is to construct the workforce housing dwelling units, the third party shall join in and be bound by the terms and conditions of the workforce housing development agreement;

Within any given development or phase, certificate of occupancy permits for the last 10% of market-rate units that are offered for sale or rent within that development or phase shall be withheld by the Township until all of the workforce housing dwelling units within that development or phase have been issued certificates of occupancy or release by payment of a fee-in-lieu;

Acknowledgement that the designated workforce housing administrator of the Township's Workforce Housing Program shall have full authority to administer the provisions of the workforce housing development agreement;

The draft workforce housing development agreement shall be reviewed and approved by the Township Solicitor with approval as a condition of approval of the plans for the development or phase;

The fully executed workforce housing development agreement shall be recorded concurrently with the plans for the development or phase.

On-Site Construction.

Fee-In-Lieu.

Build Off-Site.

Owners or their property managers are encouraged to use the same systems for attracting potential tenants for leasing up workforce housing dwelling units as are used for market rate units. Applicants and their agents are expected to work closely and in cooperation with Township Staff and/or designee to make the workforce marketing and sales process as efficient and equitable as possible.

The Workforce Housing Program has no rules or guidelines about the method owners, or their property managers, use to determine the order in which tenants are offered workforce housing dwelling units.

These documents will include clarifying information and procedures when requested by the Township. These procedures may be updated from time to time to increase the effectiveness of the Workforce Housing Program.

By Developer. If the developer meets or exceeds the marketing guidelines set forth in its workforce housing development agreement for a period of one year from final certificates of occupancy issuance and is still unable to sell or rent such a unit to a qualified household, the developer shall notify the Township. The Township or its designee shall have 30 days from the date notice was given to enter into a contract to purchase the unit at its workforce marketed price, with closing to take place within 30 days thereafter. After which, the Township, or its designee shall market and sell the unit as a workforce housing dwelling unit. If the Township or its designee does not purchase the workforce dwelling unit, it shall be conclusively demonstrated that there is no market for such unit being a workforce dwelling unit.

By Unit Owner. The owner of a workforce housing dwelling unit may remove the unit by subsequent sale to a non-qualifying owner by paying a fee-in-lieu to the Workforce Housing Fund as follows: Unit owner shall pay the Township 60% of the current per unit fee-in-lieu and may remove the unit as a workforce housing dwelling unit and the unit shall become a market-rate unit, no longer subject to the terms and conditions of this section.

For Sale Workforce Units.

Leasing/Rental Developments.

Annual Reporting and Review.

Off-street parking shall be provided and maintained in accordance with the provisions of § 22-5C01.

The only meal to be provided to the guests may be breakfast, and it shall only be served to guests who are staying overnight at the bed-and-breakfast. No catered meals may be served. Catered meals are those which involve the service of food prepared off-site to nonovernight guests. This does not include takeout.

The bed-and-breakfast shall remain accessory to the primary residential use of the property and shall not exceed 25% of the gross floor area of the dwelling or 500 square feet, whichever is less. The calculation for determining the size of the bed-and-breakfast shall only include the gross floor area of bedrooms and baths which are dedicated solely to the bed-and-breakfast operation.

The bed-and-breakfast shall comply with all building and fire code regulations.

The bed-and-breakfast is permitted one sign in accordance with the Township sign regulations.

All sites with an on-site septic system must be inspected by the Township Sewage Enforcement Officer to assure compliance with the Pennsylvania Sewage Facilities Act 537, as amended.[1] In addition, the SEO must approve the home occupation permit.

A home occupation permit application (including a sketch plan and floor plan) shall be supplied to and approved by the Township Zoning Administrator.

Rental or lease of the bed-and-breakfast property for events such as weddings, reunions, parties, business or social gatherings which host 10 or more nonovernight guests is permitted subject to the specific criteria herein.

Off-street parking shall be provided and maintained in accordance with the provisions of § 22-5C01.

The lot and yard requirements shall be in accordance with the underlying zoning district.

The only meal to be provided to the guests may be breakfast, and it shall only be served to guests who are staying overnight at the bed-and-breakfast. Catered meals for 10 or more nonovernight guests are permitted only if the bed-and-breakfast has been approved for such events and meets the specific criteria herein.

The bed-and-breakfast shall remain accessory to the primary residential use of the property and the area of the guest rooms shall not exceed 50% of the gross floor area of the dwelling. The calculation for determining the size of the bed-and-breakfast shall only include the gross floor area of bedrooms and baths which are dedicated solely to the bed-and-breakfast operation.

All areas of the bed-and-breakfast facility shall comply with all building and fire code regulations.

The bed-and-breakfast shall be permitted one ground sign not to exceed 10 square feet per sign face or a total of 20 square feet gross sign area. The ground sign may not exceed five feet in height and shall serve only to identify rather than advertise the bed-and-breakfast.

All sites with an on-site septic system must be inspected by the Township Sewage Enforcement Officer to assure compliance with the Pennsylvania Sewage Facilities Act 537, as amended.[2] In addition, the SEO must approve the zoning permit. Systems must be adequately sized to accommodate the potential number and type of events which may be hosted for nonovernight guests as well as overnight guests.

A zoning permit application (including a sketch plan and floor plan) shall be supplied to and approved by the Township Zoning Administrator. The application must clearly indicate whether approval is to include the ability to host events for 10 or more nonovernight guests at the facility. The application shall clearly identify the maximum number of nonovernight guests that will be accommodated on site at any one time.

Upon issuance of the short-term rental permit, the permit number shall be displayed in the window of the home being rented and the rental permit number shall be included in the advertisement of the short-term rental. Failure to properly display the short-term rental permit number is either medium will result in a violation of this Part 7.

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Standards. The keeping and raising of chickens and ducks shall be allowed on single-family properties zoned, Rural Residential (RR), Single Family Residential (R1), Suburban Single Family Residential (R1B), Two Family Residential (R2), Planned Residential Development (PRD), Traditional Town Development (TTD), and Village (V). This section does not supersede restrictions or prohibitions within home owner association (HOA) covenants.

The home occupation shall include, but not be limited to, the professional practice of medicine and dentistry, architecture, engineering, law, teaching (limited to not more than seven students at any one time), accounting, real estate and insurance, artists, writers, barbers, beauticians, seamstresses, lawn care and/or snow removal services, building, electrical and plumbing contractors and offices for small businesses.

The home occupation shall be carried on completely within the dwelling unit except for lawn care and/or snow-removal services and building, electrical and plumbing contractors if their main work or activity is not carried on at the residence.

The home occupation shall be carried on only by members of the immediate family residing in the dwelling unit plus not more than one additional employee working in the home. For lawn care and/or snow-removal services and building, electrical and plumbing contractors, additional employees may work off site. The additional off-site employees shall not report to the home office on a daily basis for supervision, dispatch, meetings, or personnel matters and will essentially be directed in their daily work at their assigned work location.

Not more than 25% of the floor area of the dwelling or 500 square feet, whichever is the lesser, shall be devoted to home occupations.

Articles sold or offered for sale shall be limited to those produced on the premises.

No repetitive servicing by truck for supplies and materials shall be required by the home occupation.

There shall be no use of show windows or displays or advertising visible outside the premises to attract customers or clients other than a single sign identifying the home occupation, of a face are as specified by the Sign Ordinance (Chapter 19) and there shall be no exterior storage of materials.

No exterior alterations, additions or changes to the residential character of the dwelling unit shall be permitted in order to accommodate or facilitate a home occupation.

Off-street parking shall be provided and maintained in accordance with the provisions of § 22-5C01.

Any maintenance and servicing of lawn care or snow-removal equipment must be completed in an enclosed building so as not to create objectionable noise, fumes, dust or electrical interference.

One home occupation only may be carried on in a residence.

Prior to use of a residence as a home occupation, an applicant shall apply for a permit with the Zoning Administrator and pay the required fee. Within 14 days of said application, the Zoning Administrator shall notify the applicant, in writing, of the approval or denial of the permit, and shall state the provisions of this Part 7 with which the application does not comply. Failure of the Zoning Administrator to properly grant or deny a permit in the manner and time period stipulated above shall constitute an approval of the application for the permit, and the residence may be used as a home occupation so long as the use complies with this Part 7.

After a permit has been granted, the applicant must apply for and pay the permit fee on an annual basis, said application to be made annually before September 1 of each year and said permit to be reissued, if all conditions of this Part 7 are met, on or before September 30 of each year.

Any storage of equipment and supplies by any person engaged in a home occupation under this subsection must be in an enclosed building.

Temporary Uses Permitted. The following temporary uses are permitted according to the requirements specified and only for the period of time prescribed below:

Motor Vehicle Code Access Requirements. The above temporary uses shall meet the Motor Vehicle Code access requirements set forth in the Township. If access is to a road or street owned by the Commonwealth of Pennsylvania, a permit issued by the Pennsylvania Department of Transportation shall be required if access is not from an existing permitted driveway.

General Requirements.

Temporary Use Exemptions. The following temporary uses are exempt from the zoning permit requirements but must follow the criteria described below:

Time Limits.

Location.

Noise. No audio amplification, including, but not limited to, megaphones or speaker systems, shall be permitted as part of the mobile retail food facility operation.

Sanitation and Safety.

If the office for the food truck business is located within the owner's home in Ferguson Township, a no-impact home based business permit shall be required.

The dismantling of motor vehicles shall be performed within a completely enclosed building.

All dismantled motor vehicles and parts thereof, shall be stored within completely enclosed buildings, except for motor vehicles which are currently licensed and inspected.

Fuel pumps may be located within the front yard setback area provided such are at least 30 feet from any lot line.

All material shall be placed in such a manner that it is incapable of being transferred off the premises by wind, water or other natural causes under normal conditions.

No material shall be placed within the front, side or rear yard setback areas. All yard setback areas shall at all times be clean, vacant and maintained.

All paper, cloth and rags, and other fibers and activities involving the same, other than loading and unloading, shall be within fully enclosed buildings.

All materials and activities not within fully enclosed buildings shall be surrounded by a fence or wall at least six feet in height. Such fence shall be completely sight obscuring and maintained in good condition. No such fence may be permitted in any yard setback area. Any gate in a fence shall be similarly constructed and maintained and shall be kept securely locked at all times when the establishment is not in operation.

All gasoline and oil shall be drained from any junked motor vehicle into containers and stored at only one location on the premises. No more than 55 gallons in aggregate shall be stored aboveground.

Fire hazards shall be minimized where practical by the segregation of combustible from noncombustible materials and the provision of aisles at least 30 feet wide for escape and firefighting equipment.

The storage of material in piles shall not exceed 20 feet in height.

The manner of storage and arrangement of junk and the drainage facilities of the premises shall be such as to prevent the accumulation of stagnant water.

Every structure erected upon the lot after the effective date of this chapter shall be of construction conforming to the Township Fire Prevention Code (Chapter 5, Part 4).

No structure or material storage shall be allowed within 100 feet of a stream, water body or sinkhole.

Family Child-Care Home. Family child care shall be permitted as an accessory use to a residential dwelling unit as long as the family child-care home meets the following requirements:

Group Child-Care Home. Group child care shall be permitted as prescribed in § 27-205 as long as the group child-care home meets the following requirements:

Child-care center. A child-care center shall be permitted as a primary as prescribed in § 27-205 and as an accessory use to an office building, a church or a structure which is part of the church facility, as long as the child-care center meets the following requirements:

Child/Day Care. Child/day care shall be permitted as a primary use as prescribed in § 27-205 as long as the following requirements are met:

Sales of additional products, when clearly incidental and subordinate to the retailing of food and beverages, may include nonprescription drugs, housewares, periodicals and tobacco. The sale of motor vehicle fuels and food and beverages for consumption on the premises is expressly prohibited. In addition to the district regulations specified, all convenience food stores shall meet the following requirements:

No golfing green or fairway shall be closer than 100 feet to any lot line.

Golfing tees and greens for the same hole may not be separated by a public street.

Driving ranges shall have screens or fences of a height and location sufficient to prevent golf balls from landing on the property of another.

A lot which is possibly subject to further subdivision under the ordinances or resolutions of the Township of Ferguson as they then currently exist need not meet the minimum lot width requirements at the street line as set forth in this chapter, so long as the lot shall be a minimum of 60 feet wide at the street line and shall be no less than 60 feet wide at all points from the street line to the point at which the lot meets the minimum width requirements.

A lot which is not possibly subject to further subdivision under the ordinances or resolutions of the Township of Ferguson as they then currently exist need not meet the minimum lot width requirements at the street line as set forth in this chapter, so long as the lot shall be a minimum of 15 feet wide at the street line and shall be no less than 15 feet wide at all points from the street line to the point at which the lot meets the minimum width requirements.

In determining the minimum size of a lot and maximum coverage of a lot, only that portion of the lot described pursuant to § 27-732, Subsection 1E, below, shall be considered in making such calculations. In determining maximum impervious coverage of a lot, the total lot area shall be considered in making such calculations.

In determining the location of front yard setback requirements, the front yard setback shall be calculated in reference to the lot described pursuant to § 27-732, Subsection 1E, below.

Pot Handle.

In granting a conditional use for a flag lot, the Board of Supervisors shall take into consideration whether some or all of the following goals will be reached:

In granting a conditional use, the Board of Supervisors shall attach such conditions as are necessary to meet the intent of this section.

To administer a conditional use, the Zoning Administrator shall report to the Planning Commission and the Board of Supervisors on the proposal for which the application is made, shall supply the Planning Commission and the Board of Supervisors with a copy of the application and subdivision plan and shall make a recommendation on the proposed conditional use.

Within 90 days from the date such application was filed and all fees paid, the Planning Commission shall make a recommendation and the Board of Supervisors shall render its decision.

Prior to use of a residence for a no-impact home-based business, an applicant shall apply for a permit with the Zoning Administrator and pay the required fee. Within 14 days of said application, the Zoning Administrator shall notify the applicant, in writing, of the denial of the permit, and shall state the provisions of this Part 7 with which the application does not comply. Failure of the Zoning Administrator to properly grant or deny a permit in the manner and time period stipulated above shall constitute an approval of the application for the permit, and the residence may be used as a no-impact home-based business so long as the use complies with this Part 7.

After a permit has been granted, the applicant must annually apply for a renewal, said application to be made annually before September 1 of each year and said permit to be reissued, if all conditions of this Part 7 are met, on or before September 30 of each year. There shall be no fee required for the annual renewal.

All applications for a riding stable and/or academy conditional use permit shall be accompanied by a land development plan.

The maximum impervious cover, exclusive of access, shall be 100,000 square feet or 10% of the lot size, whichever is less.

All required off-street parking spaces and aisles shall consist of six inches of crushed and compacted stone.

Front, side and rear setbacks shall be a minimum of 50 feet.

No outdoor activity or event lighting or loudspeaker system is permitted to be installed or used on the site. Security lighting is permitted; however, all lighting must conform to the standards of Chapter 4, Part 1, of the Township Code of Ordinances.

Maximum building height shall be 40 feet.

The site shall be subject to all code requirements in Chapter 5 of the Township Code of Ordinances.

A minimum of one licensed veterinarian must be on staff.

Dogs may not be left outdoors for any extended period of time.

Emergency facilities may operate on a twenty-four-hour basis.

Any facility within 1,000 feet of a residentially occupied site must identify how noise from the site will be controlled to prevent a nuisance situation.

No services for nonresidents shall be conducted from the dwelling unit other than limited after-care for prior residents.

The applicant shall notify the local ambulance and fire services of the presence of the group home and the type of residents.

Gardens shall be designed and maintained to prevent any soil, chemical pesticide, fertilizer or other garden waste from draining off the property. All gardens shall be tidied and prepared for winter.

No additional parking may be added to the site to accommodate gardeners, nor shall any existing parking area be used for storage of garden materials.

All gardens shall be located to the side or rear of any structure on the site and in no case shall any garden area be located between the structure and the road right-of-way, or in any setback area.

The following are also prohibited: