Horse stables and riding academies. The minimum lot size shall be two acres, and the maximum density shall be one horse per acre. No storing manure shall be located within 250 feet of any lot line. Manure shall be regularly collected and disposed of in such a manner so as to prevent odors and surface liquids from leaving the property.

Raising of livestock or poultry. Minimum lot size for the raising of livestock or poultry shall be five acres, and the raising of more than 50 animals shall require a minimum lot size of 25 acres. In both cases, the minimum building and other impervious surface coverage shall not exceed 10%. Any structure or concentrated feeding or grazing area for the raising of 50 or fewer animals shall be located not less than 100 feet from a lot line and 250 feet from any lot line of an existing residential dwelling unit or residential zoning district. This section shall not be interpreted to permit an agricultural use in a residential district. Any structure or concentrated feeding or grazing area for the raising of more than 50 animals shall be located not less than 300 feet from a lot line, and 1,000 feet from any lot line of an existing residential dwelling unit or residential zoning district. No animals, animal products, or animal waste/manure shall be permitted within the required yard areas. Manure storage facilities and concentrated feeding areas used for the keeping of livestock or poultry shall not be located within 250 feet of any stream, body of water, floodplain, water source, water well or open sinkhole. Any operation regulated under the Pennsylvania Nutrient Management Act[1] shall provide evidence that the use will comply with the applicable provisions of the Act. Access drives shall be sufficient in size to accommodate the anticipated amount, type and size of vehicular traffic.

Retail sales of agricultural products (including nurseries). The erection of temporary structures shall be permitted, provided that they are disassembled at the end of each season when products are not being offered for sale. No area, temporary structure, stand, parking area or loading space utilized for the sale of agricultural products shall be located less than 50 feet from any existing residential dwelling unit, residentially zoned boundary line, and street right-of-way; and not less than 100 feet from any street intersection. The applicant shall prove that the all access drives have adequate sight distances based upon Pennsylvania Department of Transportation regulations and guidelines, regardless of whether the access drive abuts a state highway.

Automotive repair garage. Activities, including the repair of automobiles, trucks, snowmobiles and motorcycles, shall be conducted within a completely enclosed building where adequate measures shall be taken to minimize noise, vibrations, fumes and glare. All paint work shall be performed within a building, with a ventilation system that directs fumes away from adjacent properties and buildings. Temporary outdoor parking of vehicles intended to be replaced is permitted in the side or rear yard areas only, and those vehicles shall be licensed and inspected at all times. Only vehicles to be repaired on the premises or picked up by the vehicle owner may be stored in the yard area. Storage of vehicles shall be permitted for no longer than 30 days. Service bays shall face the front yard property line whenever possible. Where the operation abuts on the side or rear property line of a district having residences as a principal permitted use, a solid wall or substantial attractive fence six feet in height shall be constructed and maintained in good condition along such boundary. Outdoor trash dumpsters shall be concealed within an area surrounded by solid opaque fencing not less than six feet in height. Outside lighting shall be directed away from adjacent properties.

Automotive sales. The outdoor display of new or used automobiles, boats, recreational vehicles, motorcycles, manufactured homes or mobile homes shall meet the required principal building setback requirements. Where an automotive sales use abuts a rear or side lot line of any district having residences as a principal permitted use, a solid wall or substantial, attractive fence six feet in height shall be constructed and maintained in good condition along such boundary. Outdoor trash dumpsters shall be concealed within an area surrounded by solid opaque fencing not less than six feet in height. Outside lighting shall be directed away from adjacent properties.

Car wash. Appropriate drainage facilities for washing activities shall be provided wherein water from the car wash will not flow onto sidewalks, streets or adjoining properties. The site shall be sufficiently large to accommodate three cars per stall waiting or washing during peak periods so that lines along public streets are avoided. Such operations shall also comply with any applicable regulations of the Pennsylvania Department of Environmental Protection. Car wash operations abutting on the side or rear property lines of a district having residences as a principal permitted use shall provide a solid wall or substantial, attractive, tight fence six feet in height and well-maintained along such boundary. Outdoor trash dumpsters shall be concealed within an area by a solid fence not less than six feet in height. Outdoor lighting shall be directed away from adjacent properties.

Gas station, limited-service gas stations (also includes convenience stores with gasoline sales). Where such use abuts on the rear or side lot line of a district having residences as a principal permitted use or a property being used for residential purposes, the following requirements shall apply to the side and rear yard property boundaries:

A bed-and-breakfast shall be within an owner-occupied dwelling which is rented on a nightly basis for periods of normally not more than a week. There shall not be separate cooking facilities in any guest rooms. Dining and other facilities shall not be open to the public, but shall be exclusively for the use of the residents and registered guests. Two off-street parking spaces shall be provided for each rental unit.

No signs, show windows or any type of display or advertising shall be visible from outside the premises, except for a single wall or freestanding sign, which shall not be internally illuminated, with a maximum sign area of four square feet on each of two sides, if freestanding, and with a maximum height of eight feet.

In a residential district, the exterior of the building shall not be changed in any way that would decrease its residential appearance and character, except for needed modifications for historic restoration, handicapped access or fire safety.

Preapplication conference. Prior to submitting a complete conditional use application for a large retail establishment, the applicant is encouraged to meet with the Township Planning Commission and the Board of Supervisors to discuss the conditional use permit process and issues that may affect the proposed conditional use. This meeting is to provide for an exchange of general and preliminary information only, and no statement made in such meeting by either the applicant or the members of the Planning Commission or Board of Supervisors shall be regarded as binding or authoritative.

Site plan. A site plan shall be required which illustrates the specific location of setbacks, easements, all existing and proposed buildings and structures, access points, buffering, vehicular and pedestrian circulation patterns, parking, signage, loading and delivery areas, mechanical equipment, drainage, landscaping, and the specific location of the use or uses of the development, elevation plans and profiles of all proposed structures, and other information necessary to establish that all applicable requirements will be met.

Parking lots.

Drainage and surfacing of off-street parking areas. Excluding points of ingress or regress, the paved parking area shall be curbed. Approval of a stormwater management plan in compliance with Chapter 192, Stormwater Management, of the Code of the Township of Foster shall be required.

Landscaping and screening requirements.

Signs.

Pedestrian access and circulation.

Outdoor storage, trash collection, and loading areas.

Lighting.

A bottle club, as so defined in Article II of this chapter, shall be located not less than 1,000 feet from any of the following uses:

Measurements of the required distance shall be made in a straight line from the nearest portion of the structure or premises of an adult use to the nearest property line of the above-noted uses. The structure and/or premises of an adult use, including all off-street parking areas, shall be completely enclosed by a buffer area as so defined in Article II of this chapter. The owner of the property shall be responsible to maintain such buffer area in good condition, including the replacement of any trees which are damaged, die, removed by whatever means or otherwise fail to grow.

Commercial communications antennas shall not be located or permitted on any building or structure located within a residential zoning district.

A Commercial communications antennas mounted on a building or other structure shall not exceed eight feet in height above the existing building or structure and shall not exceed three feet in width.

A commercial communications antenna shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation. A copy of the subject standards shall be submitted with a zoning permit application along with a graphic depiction of the proposed communications antenna.

The applicant shall provide a copy of its current Federal Communication Commission license.

The applicant shall provide certification and documentation from a Pennsylvania registered professional engineer, certifying that the proposed installation will not exceed the structural capacity of the building or structure, considering wind and other loads associated with such mount or location.

The applicant shall provide evidence of agreements and/or easements necessary to provide access to the building or structure on which the commercial communications antenna is to be mounted.

The applicant shall provide a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence.

An antenna mounted upon an existing structure shall be removed by the owner of same within six months of the discontinuance of its use. The owner shall provide Foster Township with a copy of the notice to the FCC of intent to cease operations. The six-month period for the removal of an antenna mounted upon an existing structure shall commence on the date indicated for ceasing operations.

Commercial communications antenna.

Commercial communication tower.

Commercial communications equipment building. A commercial communications equipment building shall meet the governing setback distances applicable to the district in which it is located.

Decommissioning and restoration requirements.

Insurance requirements. The applicant shall provide a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the commercial communications facility.

The applicant or owner shall provide evidence of certification of compliance with all appropriate regulations of any designated state agency whose approval and/or license is required by the laws of the commonwealth.

Noise and all other possible disturbing aspects connected with such use shall be controlled to the extent that the operation of such use shall not unduly interfere with the use and enjoyment of properties in the surrounding area.

All day-care facilities shall have an outdoor recreation area which shall be completely enclosed with a fence six feet in height.

The applicant shall supply evidence that vehicular traffic congestion will be avoided in pickup and drop-off points utilized in transporting individuals to and from the facility.

One off-street parking space shall be required for each employee.

One off-street parking space shall be required for each vehicle used by the establishment for the purpose of transporting persons attending the facility.

The drive-through lane or aisle shall be designed with adequate space for a minimum of four waiting vehicles per lane or aisle. There shall be a maximum of one lane or aisle per drive-through window.

Each drive-through lane or aisle shall be clearly marked and designed so as to prevent traffic hazards and congestion while at the same time minimizing conflicts with pedestrian travel.

Canopies situated over drive-through areas shall meet all setbacks requirements for the zoning district in which the property is located.

Project narrative. A written report shall be submitted by the applicant that includes the type of minerals proposed to be excavated, extracted, and/or removed from the site, the volume of such material and the maximum length of time associated with the proposed operation based upon the stated volume of material. Said narrative shall also describe normal, daily operational features performed upon the site, including, but not limited to, proposed hours of operation, anticipated noise levels, and the type and volume of truck traffic to be generated with the proposed traffic routes to and from the site.

Map. Submission of a map or maps at a scale of not greater than one inch equals 50 feet that outlines the entire property and the proposed area subject to excavation, extraction, and/or removal of minerals. Said map shall indicate existing contours prior to the start of work, and proposed final contours, including the proposed maximum depth of excavation, at all points subject to excavation. Said map or maps shall also contain surface features showing the location of buildings, dwellings, places of worship, schools, railroads, highways and public uses within a distance of 500 feet from the perimeter of the proposed use.

Distance provisions. The perimeter of any excavation under this section shall not be nearer than 500 feet from any building, property line or street, except that owned by the applicant.

Limitation on land area. At any given time, the active excavation/extraction areas shall not exceed 10 acres in area on any lot or tract of land. Additional areas may be approved on the completion and cessation of previous approvals.

Compliance with state requirements. Final and/or unconditional approval for excavation, extraction and/or minerals under the provisions of this chapter shall not be issued until the applicant documents that all required licenses and/or permits have been properly secured from the applicable state and/or federal agencies, including but not limited to the Pennsylvania Department of Environmental Protection.

Applicability. This section applies to all timber harvesting and land clearing within Foster Township where the value of the trees, logs and/or other forest products removed exceeds $1,000. The cutting of trees for the personal use of the landowner or for precommercial timber stand improvement is exempt.

Submission and approval of logging plan.

Contents of logging plan.

Forest practices. The following requirements shall apply to all timber harvesting activities within Foster Township:

Road maintenance, repair and bonding. The landowner and the operator shall be responsible for repairing any damage to Township, state, or county roads caused by traffic associated with the timber harvesting operation to the extent of the damage that is in excess of that caused by normal traffic. Pursuant to 67 Pennsylvania Code Chapter 189, the Township may require the landowner or operator to furnish a bond to guarantee the repair of such damages.

The maximum occupancy of a group home shall not exceed eight persons, excluding staff. The occupancy of said group home shall be governed by the standards and requirements as provided for within the most recent housing code standards of the governing code as provided for under the Pennsylvania Uniform Construction Code.

The group home shall be under the jurisdictional and regulatory control of a governmental entity (county, state, and/or federal).

The applicant and/or operator of a group home shall provide written documentation from the applicable governmental entity which certifies said group home complies with the location, supervised services, operation, staffing and management of all applicable standards and regulations of the subject governing program.

The applicable requirements and standards which govern off-street parking for a single-family dwelling shall also govern for a group home; however, two additional off-street parking spaces shall be provided for visitors and additional parking spaces shall be provided which equal the maximum number of required of staffing associated with the management and operation of a group home.

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

The occupation shall be carried on entirely within the principal structure or an attached or unattached accessory structure, provided that the accessory structure is located on the same lot as the principal structure.

No display or advertisement of products or services may be visible from outside the building. Any storage of materials associated with the home occupation shall be within the building.

A sign no larger than two square feet in surface area is permitted. The sign may only be lit with indirect lighting.

No person other than a resident of the dwelling unit may conduct the home occupation. Not more than one nonresident may be employed to perform secretarial, clerical or other assistance.

Not more than 30% or 600 square feet, whichever is less, of the total floor area of the building wherein the home occupation is being conducted may be devoted to the home occupation.

Each home occupation shall have off-street parking as indicated below, in addition to that required for the dwelling unit.

The home occupation may not disturb the peace, quiet and dignity of the neighborhood by electrical interferences, dust, noise, smoke, or traffic generated by the use.

There shall be no retail sales of goods except those goods that are prepared or produced on the premises.

There shall be no change in the residential character of the building wherein the home occupation is being conducted.

Such premises shall at all times be maintained so as not to constitute a nuisance or menace to the health of the community or residents nearby or place for the breeding of rodents and vermin.

Burning of any materials shall be prohibited.

No oil, grease, tires or gasoline shall be burned at any time.

No garbage, organic waste, rubbish, toxic materials and hazardous materials shall be stored on such premises.

Whenever any motor vehicle shall be received on such premises as junk, all gasoline and oil shall be drained and removed said vehicle.

The storage of any combustible materials, such as gasoline, oil or related items, shall be placed in fireproof containers and stored within fireproof sheds.

The manner of storage and arrangement of junk and the drainage facilities on the site shall be such as to prevent the accumulation of stagnant water upon the premises and to facilitate access for firefighting purposes.

There shall be no stockpiling of motor vehicles, nor shall there be any junk piled higher than four feet.

There shall be a fourteen-foot roadway provided for every 40 linear feet of junk. The roadway shall be kept open and unobstructed for any firefighting equipment and safety purposes.

Junk shall not be stored within 100 feet of any adjoining property line or nearer than 100 feet to any adjoining or abutting street.

All junkyards shall be completely screened from view on all sides by a solid wall or substantial fence not less than eight feet in height and an evergreen hedge with such evergreens being a minimum height of at least five feet at the time of planting. Any fence or wall shall be no closer than five feet to the property lines.

Such premises may be open for business or any work in connection with the storage, processing and transportation or removal of junk only on Monday through Saturday from 8:00 a.m. to 8:00 p.m., local time.

The use, activity or any aspect of the operation shall be located not less than 1,500 feet from the nearest inhabited residence, place of worship, or any public recreational activity. Furthermore, the setback distance of the use, activity or any aspect of the operation from surface water bodies, creeks, streams, wetlands and floodplains shall comply with the state-mandated requirements.

Except for approved access drives (which shall be secured by locked gates which may only be open during business hours), the premises shall be completely screened to protect public safety with an industrial-type-gauge fence eight feet in height. Signs shall be conspicuously attached to the fence every 75 feet, warning the public of the nature of the operation. A yard area not less than 50 feet in width shall also be maintained with natural vegetative ground cover along all exterior lot lines that are within 300 feet of an area of excavation. This yard shall include an earth berm with a minimum height of six feet and an average of one shade tree for each for each 50 feet of distance along the lot lines. The shade trees shall be planted outside of the required berm and fence. If substantial trees, vegetation or forest exist within the required yard area, then new plantings in those area is not necessary, provided that the existing trees, vegetation or forest are well-kept, preserved, maintained and adequately serve the purpose for which the yard was to be created.

The lot and operation thereon shall at all times be maintained so as not to constitute a public nuisance or adversely impact the public health, safety or welfare. The days and hours of operation, including excavation, blasting and relating trucking, may be limited by the Zoning Hearing Board taking into consideration the characteristics of the neighborhood.

The site shall contain a minimum of two access drives, each of which shall be not less than 24 feet in width, and all of which shall be improved in accordance with Chapter 210, Subdivision and Land Development, of the Code of the Township of Foster and connect to a public street sufficient in size to accommodate the proposed traffic expected to be generated by the use. Access drives shall be located so as to prevent public safety hazards, dust and noise.

All applications shall include a plan that evidences the measurers to be taken by the operator to prevent dust, dirt, stone or other debris from escaping from the facility onto any public property/street, or private property of another.

All applications shall include an estimated life expectancy for the proposed use, a plan for the future productive use of the property once the life of the project has terminated, a proposed cost to reclaim the property and implement the future use, and a financial guarantee for implementation of that use.

All applications shall include the same information, written materials and plans that are to be submitted to the Pennsylvania Department of Environmental Protection as part of the state permitting process.

An asphalt, batch or concrete plant or processing operations shall constitute an industrial use and shall not be considered an accessory use, but a separate and distinct use that shall require special exception approval when located on the same lot where the mineral extraction is taking place. Furthermore, if an asphalt, batch or concrete plant is proposed on a property in which mineral extraction is not taking place, Subsections A through G above shall still apply.

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

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

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

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

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

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

The business activity shall not occupy more than 25% of the habitable floor area.

The business shall not involve any illegal activity.

Construction of a solid wall or solid opaque fencing eight feet in height, designed to conceal and screen the facility from adjoining properties.

Within a required rear yard or side yard setback, there shall be a landscaped planting strip not less than four feet in depth, planted with shrubs or trees which are not less than three feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least four feet high within three years. The landscaped planting strip shall be maintained in good condition at all times, including the replacement of any shrubs or trees which are damaged, die or otherwise fail to grow.

Outdoor trash dumpsters shall be concealed within an area surrounded by solid opaque fencing not less than six feet in height.

The provision of any outside lighting shall be directed away from adjacent properties.

A fan or blower attached to the appliance to increase the efficiency of the outdoor wood-fired boiler.

An outdoor wood-fired boiler shall be located not less than 200 feet from any property line and not less than 40 feet from any principal structure or building located upon the property.

The outdoor wood-fired boiler shall have an orange hang tag that signifies that it meets the EPA's standards for Phase 1 air-emission levels of 0.60 pounds of fine particulates per million BTU heat input and qualifies for the EPS's voluntary program.

All outdoor wood-fired boilers shall be installed, operated and maintained in strict conformance with the manufacturer's instructions and the regulations promulgated hereunder. In the event of a conflict, the regulations promulgated within this section shall apply unless the manufacturer's instructions more restrictive, in which case the manufacturer's instructions shall apply.

The owner of the outdoor wood-fired boiler shall produce the manufacturer's instructions for all devices that do not conform to the requirements of this section.

All outdoor wood-fired boilers may only be utilized for the sole purpose of furnishing heat to a structure or building and/or providing hot water during the time period of October 1 through May 1, and subject to meeting the requirements of this section.

No homemade outdoor wood-fired boilers will be allowed.

Only natural, clean wood may be burned in outdoor wood-fired boiler. Regardless of the manufacturer's instructions, an outdoor wood-fired boiler shall not be used to burn any of the following materials:

All storage of materials to be burnt in the outdoor wood-fired boiler shall be neatly stacked and/or stored under cover and free from insects (termites, ants, etc.) or any type of disease-carrying rodents.

Ashes or waste cannot be accumulated in a large area on the property. They may be dispersed on the property as long as no accumulation can be seen (for example, spread in a driveway). Any large accumulation of ashes or waste must be disposed of weekly with the owner's trash.

Access and parking shall be provided only for maintenance and servicing of such facilities.

A chain-link fence and locked gate not less than eight feet in height shall surround the building or structures of such facilities.

A buffer area not less than 10 feet in depth and comprised of trees and/or shrubs designed to conceal such buildings or structures of such facilities.

Outside lighting shall be directed away from adjacent properties.

The location, design and operation of such facilities shall not adversely affect the character of any adjacent residential properties.

No outdoor recreation activity shall be conducted closer than 100 feet to any property line.

A buffer area, at least 50 feet in depth and planted with trees, shrubs or other landscaping, shall surround the property except for access drives.

Unless superseded by a PennDOT highway occupancy permit or Luzerne County highway occupancy permit, access drives shall be not greater than 25 feet in width; parking areas shall not be located within buffer areas.

Storm drainage from the site shall be channeled to natural drainagecourses and away from adjoining properties.

Location on lot. No satellite dish antenna shall be installed on a portable or movable device.

Number on lot. Not more than one satellite dish antenna shall be permitted on a zoning lot.

Size limitations. The dimensions of a satellite dish antenna measured from its outermost edges cannot exceed 12 feet in diameter.

Roof-mounted. A roof-mounted satellite dish antenna having a diameter not greater than three feet and installed in accordance with the manufacturer's specifications be shall be exempted from securing zoning approval.

No sexually oriented business, as so defined in Article II of this chapter, shall be located less than 1,000 feet from any of the following uses:

Measurements of the required distance shall be made in a straight line from the nearest portion of the structure or premises of an adult use to the nearest property line of the above noted uses. The structure and/or premises of an adult use, including all off-street parking areas, shall be completely enclosed by a fence not less than eight feet in height and screened by a variety of evergreen trees which shall be planted not more than six feet apart and being not less than eight feet in height at the time of planting. The owner of the property shall be responsible to maintain such screening, including the replacement of any trees which are damaged, die, removed by whatever means or otherwise fail to grow.

A minor solar energy system shall meet the following criteria:

Design and supplemental requirements.

Site plan required.

Permit requirement and application.

Installation.

Review criteria. Major energy systems are classified as a conditional use requiring review by the Township Planning Commission and approval by the Township Board of Supervisors. The following criteria shall apply to the review and approval of major energy systems:

Certification and compliance.

Decommissioning.

Setbacks, restrictions and easements. A major solar energy system:

Site plan drawing. A site plan drawing shall be provided as part of the conditional use application that is drawn to scale and dimensioned, displaying the following information:

Site plan documentation. The following documentation shall be included with the site plan:

Use of public roads.

Access driveway. Each major energy system shall require the construction of a private road to offer an adequate means by which the Township may readily access the site in the event of an emergency.

Safety requirements.

Natural resources and historic sites. No major energy system shall be located less than 1,000 feet from any important bird area or migration corridor, National Wetland Inventory Wetland, historic site or lake, dam, ponds or public water supply sources.

Minimum lot size. A major energy solar system shall require a minimum lot size of not less than 30 acres.

Parking. If the solar energy system site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of required parking spaces shall be equal to the number of people on the largest shift, plus overflow spaces equal to 20% of the required spaces based on the number of employees, but not less than two parking spaces.

Licenses; other regulations. The applicant shall demonstrate that the required permits and licenses from the federal Energy Regulatory Commission, the Pennsylvania Department of Environmental Protection, the Pennsylvania Public Utility Commission, and other agencies have been obtained. The applicant shall also document compliance with all applicable state and federal regulations by providing to the Township copies of all required documents, studies, and responses (e.g., National Environmental Policy Act,[2] Pennsylvania Natural Diversity Inventory submission, Pennsylvania Historical and Museum Commission compliance, U.S. Fish and Wildlife Service, the Department of Conservation and Natural Resources and the PA Game Commission).

Liability insurance. The applicant for a major energy system shall submit a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the solar energy system. The applicant shall provide the Township with proof of annual renewal prior to expiration.

Landscaping. Existing vegetation on and around the site shall be preserved to the greatest extent possible without restricting solar access.

Soil erosion and sedimentation control; stormwater management. If applicable, all earth disturbances shall comply with the soil erosion and sedimentation control requirements of the Luzerne Conservation District and the Pennsylvania Department of Environmental Protection, and no approval shall be granted under this chapter until the applicant provides a copy of the approved soil erosion and sedimentation control plan and any required permits. A stormwater management plan and stormwater management facilities shall be provided for all major energy systems in accord with the Township's current stormwater management requirements.[3]

Fire control/local emergency services.

Solar access. A property owner who has installed or intends to install a solar collection system shall be responsible for negotiating with other property owners in the vicinity for any necessary solar easement and shall record the easement with the office of Luzerne County Recorder of Deeds.

Compatibility with other ordinance requirements. Approvals issued pursuant to this chapter do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act or ordinance.

The use, activity or any aspect of the operation shall be located not less than 250 feet from any street right-of-way, lot line, 100-year floodplain, edge of a surface water body, creek, stream or wetland; and not less than 1,500 feet from any residential zoning district, or lot line where a residential dwelling unit, place of worship, or public recreational activity is located.

Burning and incineration are prohibited, except for an approved waste to energy facility.

The site shall contain a minimum of three access drives, each of which shall be not less than 24 feet in width, and all of which shall be improved in accordance with Chapter 201, Subdivision and Land Development, of the Code of the Township of Foster and connect to a public street sufficient in size to accommodate the proposed traffic expected to be generated by the use. One of the access drives shall be restricted to use by emergency vehicles only and shall be clearly marked and identified as such. The application shall also be accompanied by a plan of the site that includes the location of access drives and proposed structures, and an emergency response plan to address potential safety concerns associated with the use.

The lot shall at all times be maintained so as not to constitute a private or public nuisance or adversely impact the public health, safety or welfare.

A solid waste facility shall have a maximum lot size of 25 acres, whether developed initially or cumulatively, with a maximum total capacity to treat or dispose of waste being 500 tons per day.

Except for the required access drives (which shall be secured by locked gates, which may only be open during business hours), the premises shall be completely screened by a wall or fence not less than eight feet in height and a planting strip not less than five feet in depth, with shrubbery, plants or evergreen trees which are a minimum of six feet in height at the time of planting. This area must then be suitably landscaped and maintained. In addition, an attendant shall be present during all periods of operation or dumping to ensure that:

The days and hours of operation shall be limited to Monday through Friday from 7:00 a.m. to 5:00 p.m. and Saturday from 7:00 a.m. to 4:00 p.m. The facility shall not conduct any approved operations at any other times and days.

The operator shall take all necessary precautions to prevent litter, garbage and rubbish from scattering off-site and shall regularly monitor the site and its surroundings, collecting litter, garbage and other rubbish that may have escaped from the facility or trucks.

Dangerous materials such as radioactive, hazardous or infectious waste may not be stored, processed, disposed of, or incinerated on-site.

All loading and unloading of solid waste shall occur within an enclosed building and over an impervious surface drain to a holding tank that is then adequately treated. All solid waste processing and storage shall occur within an enclosed building or enclosed container.

All applications shall include an estimated life expectancy for the proposed use, a plan for the future productive use of the property once the life of the project has terminated, a proposed cost to reclaim the property and implement the future use, and a financial guarantee for implementation of that use.

All applications shall include the same information, written materials and plans that are to be submitted to the Pennsylvania Department of Environmental Protection as part of the state permitting process.

The applicant shall be required to submit the following information:

Design and installation.

Visual appearance.

Lot size, setback and height requirements.

Climb prevention/locks.

Noise and shadow flicker.

Abandonment. A standalone noncommercial windmill which is not used for 12 successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner.

Information to be submitted. The applicant for a wind energy facility shall be required to submit the following information:

Approval standards. A wind energy facility shall in addition to all other applicable criteria and requirements of this chapter comply with the following:

Siting and installation. A wind energy facility shall:

Land area requirements and setbacks.

Nuisance issues.

Environmental and visual.

Traffic.

Decommissioning and restoration requirements. The owner or operator of a wind energy facility or the landowner shall complete decommissioning within 12 months after the end of the useful life of a wind energy facility. Each wind turbine will be presumed to be at the end of its useful life if no electricity is generated for a continuous period of 12 months. All decommissioning expenses shall be the responsibility of the owner, operator or landowner and shall be so identified, in writing, as part of the approval process for any a wind energy facility. Decommissioning shall include the removal of each wind turbine, buildings, electrical components, and roads to a depth of 60 inches, as well as any other associated facilities. Any foundation shall be removed to a minimum depth of 60 inches below grade, or to the level of the bedrock if less than 60 inches below grade. Following removal, the location of any remaining wind turbine foundation shall be identified on a map as such and recorded with the deed to the property with the County Register of Deeds. All access roads to the wind turbine shall be removed, cleared, and graded by the owner, operator, or landowner unless the landowner requests, in writing, a desire to maintain the access road. The Township will not be assumed to take ownership of any access road unless through official action of the Township Supervisors. The site and any disturbed earth shall be stabilized, graded, and cleared of any debris by the owner, operator or landowner. An independent and certified professional engineer shall be retained by the Township to estimate the total cost of decommissioning ("decommissioning costs") with no regard to salvage value of the equipment, and the cost of decommissioning net salvage value of the equipment ("net decommission costs"). When determining this amount, the Township may also require an annual escalator or increase based on the Federal Consumer Price Index (or equivalent or its successor). Said estimates shall be submitted to the Township Zoning Officer after the first year of operation and every fifth year thereafter. The owner or operator shall post and maintain decommissioning funds in an amount equal to or greater than net decommissioning costs, provided that at no point shall decommissioning funds be less than 100% of decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or federal or state chartered lending institution chosen by the owner or operator posting the financial security. The bonding company or lending institution must be authorized to conduct such business and be approved by the Township.

The vacation home rental shall not adversely affect the character of the neighborhood and shall not generate noise, vibration, glare, odor, or other effects that unreasonably interfere with a person's enjoyment of his or her neighborhood.

The owner of the vacation home rental shall be responsible for the safety and welfare of all transient visitors and guests, preserving the peace and quiet of the community within which the vacation home rental is found. The owner shall maintain and operate the vacation home rental in accordance with all laws, regulations, and ordinances, including, but not limited to, the Foster Township Code of Ordinances, as amended.

There shall be no physical changes to the premises so that it no longer looks like a single-family dwelling, such as constructing a separate entrance for guests.

Cargo containers shall comply with the following regulations:

Cargo container storage yards shall comply with the following regulations: