Hamiltonban Township, PA Zoning Ordinance

[Amended 5-19-2021 by Ord. No. 2021-06; 1-18-2022 by Ord. No. 2022-01; 8-1-2023 by Ord. No. 2023-03; 11-19-2024 by Ord. No. 2024-02; 2-5-2025 by Ord. No. 2025-01]

Academic clinical research center.

(1)

An academic clinical research center may grow medical marijuana only in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the Pennsylvania Department of Health.

(2)

External lighting, if proposed, shall comply with § 375-45C.

(3)

Screens and buffers shall be provided in accordance with § 375-45A.

(4)

Parking shall be provided in accordance with § 375-81UU and designed in accordance with § 375-82C through G.

Accessory dwelling units.

(1)

No more than one ADU shall be permitted on any property.

(2)

The maximum number of occupants of the ADU shall be two persons. Minor children under age 18 and related to the occupants of the ADU by blood, adoption or foster relationship shall not count towards this limit.

(3)

The ADU shall not exceed 50% of the total residential living area of the existing dwelling or 1,000 square feet, whichever is less. The ADU shall not be less than 400 square feet.

(4)

The ADU shall meet the following architectural standards:

(a)

Attached ADUs shall be designed to maintain the architectural design, style, appearance and character of the existing dwelling as a single-family residence. Such an addition shall be consistent with the existing facade, roof pitch, siding and windows.

(b)

Detached ADUs (including manufactured dwelling units) shall be designed to maintain the architectural design, style, appearance and character of the existing primary dwelling on the lot.

(c)

Applicants shall submit a photo, rendering, or plan depicting the exterior of the proposed ADU.

(5)

The height of a detached ADU shall not exceed the height of the principal dwelling unit on the lot.

(6)

Each ADU shall have a kitchen and full bath.

(7)

The applicant shall contact the Adams County Tax Services Office to obtain an address for the ADU (whether attached or detached), and the applicant shall provide this information to the Zoning Officer prior to zoning permit approval.

(8)

The ADU shall be physically connected to and shall share the same sewage disposal system as the principal dwelling, unless such connection shall be prohibited by the Sewage Enforcement Officer. If sewage disposal is provided by an individual on-lot sewer system (whether or not connected to the system serving the principal dwelling), the applicant shall demonstrate that the total number of residents of the property does not exceed the maximum capacity/capacities for which the system(s) was (were) designed, unless the system(s) shall be suitably expanded. The applicant shall provide documentation confirming that the Sewage Enforcement Office has approved the sewage system to serve the ADU.

(9)

The applicant shall record, at the applicant's expense, a memorandum indicating that the occupancy of the ADU shall be limited to permitted occupants as stated in § 375-5, that the ADU shall not be rented to persons who are not related to the occupants of the principal dwelling, that a detached ADU shall be removed when it is no longer used by persons related to the occupants of the principal dwelling or converted to a nonresidential accessory use in accordance with the underlying Zoning District within 180 days.

(10)

All ADUs shall be connected to a public sewer system or an on-lot septic system as approved by the Township Sewage Enforcement Officer.

(11)

All ADUs shall adhere to the following permitting requirements:

(a)

Zoning Permits for ADUs shall be issued for a period of no longer than one year and must be renewed at the end of the first term of issuance and every such period thereafter.

(b)

Renewal of said permits requires inspection of the ADU by the Zoning Officer or his/her designee.

(c)

If a permit for an ADU is not renewed, all rights granted to the landowner under such permit expire and the landowner must reapply for the issuance of a new zoning permit under the then-current standards for the issuance of such permits.

(d)

Zoning Permits for ADUs shall be renewed when a change of occupancy is proposed.

Agribusiness operation.

(1)

Minimum lot size shall be 50 acres. Where a lot is comprised of more than one tract, the owner of such tracts shall combine them under a single deed, which will preclude individual tracts being placed in separate ownership without processing a subdivision plan in accordance with Chapter 320, Subdivision and Land Development. The deed shall be recorded in the Adams County Register and Recorders Office, and a copy of such deed shall be included in the applicant's special exception application.

(2)

Setbacks. The following setbacks are required:

(a)

For new agribusiness operations, the structure housing the agribusiness operation shall be located no closer than 200 feet from any front property line, or from any public road center line where the subject property is located on both sides of a public road. The structure housing the agribusiness operation shall be located no closer than 100 feet from any side or rear property line, no closer than 1,000 feet from any dwelling or water well not owned by the owner of the agribusiness operation, and no closer than 1,000 feet from any place of worship or school. For expansions of existing agribusiness operations, any additional building coverage shall not be located on the property in such a manner that would increase the degree of nonconformity of the existing operation, if such nonconformity exists, with the setback requirements established by this section.

(b)

For new agribusiness operations or expansions of existing agribusiness operations, any manure storage facility shall be designed, located, and managed in accordance with the setback requirements established by the Pennsylvania Nutrient Management Law.[1]

[1]

Editor's Note: See 3 Pa.C.S.A. § 501 et seq.

(3)

For new agribusiness operations or expansions of existing agribusiness operations which require a nutrient management plan in accordance with the Pennsylvania Manure Management Law,[2] the applicant shall demonstrate that such plan has been prepared and submitted to the Adams County Conservation District for review prior to the special exception hearing of the Zoning Hearing Board. Further, the applicant shall demonstrate that such plan has been approved by the Adams County Conservation District prior to the issuance of the zoning permit in accordance with § 375-115 of this chapter.

[2]

Editor's Note: See 3 Pa.C.S.A. § 501 et seq.

(4)

A water supply feasibility report shall be prepared to demonstrate that sufficient water resources are available to serve the project without adversely affecting the area's groundwater supplies, specifically the groundwater supplies serving surrounding properties. The report shall assess any water quality and water quantity impacts for all public and private wells within a mile of the proposed agribusiness operation. The report shall be prepared by a licensed hydrogeologist.

(5)

The applicant shall demonstrate, to the satisfaction of the Zoning Hearing Board, that its methods of disposing of dead animals are in strict compliance with applicable standards established by the Pennsylvania Department of Environmental Protection. Dead turkeys, chickens, poults, swine, shoats or piglets shall be kept in airtight containers. Larger dead animals shall be kept in a manner so as to minimize the spread of odors and disease.

(6)

A land development plan shall be submitted to, and approved by, the local municipality in accordance with Chapter 320, Subdivision and Land Development. If the special exception application required by this section precedes land development plan submission, approval of the land development plan shall be a condition of any special exception approval granted in accordance with this section.

(7)

Areas designed for outdoor storage of pallets, machinery, or other materials shall be provided a vegetative screen consisting of major deciduous trees, minor deciduous trees, evergreen trees, and/or shrubs. Such outdoor storage areas may also be screened by an earthen berm. The vegetative screen shall be of sufficient height to shield the storage area from view from public rights-of-way and adjoining properties.

Apartment buildings.

(1)

The maximum number of dwelling units in any apartment building shall be 12.

(2)

Windows shall constitute a minimum of 25% of the total area of every external wall.

(3)

Parking for apartment buildings. Off-street parking shall not be located between the front facade of the building and the adjoining street right-of-way or access drive. Such parking shall be provided in one or more of the following locations:

(a)

In a common parking lot located to the rear of the building.

(b)

In a common garage located underneath the building and accessed from the rear of the building.

(c)

In garage spaces dedicated to individual dwelling units and accessed from the side or rear of the building.

(d)

A maximum of two access driveways are permitted to provide access a common parking area from public streets or main internal circulation driveways.

(4)

Architectural styles and building materials shall be similar to those found in surrounding residential areas. An architectural rendering shall be supplied, showing all architectural elements and indicating construction materials.

(5)

Where an apartment complex comprised of two or more apartment buildings is proposed, the following additional standards shall apply:

(a)

The front facade of any apartment building shall be no closer than 30 feet to any facade of any other apartment building.

(b)

The side and rear facades of an apartment building shall be no closer than 20 feet to the side and rear facades of any other apartment building.

Banks and financial institutions with drive-through service.

(1)

The drive-through facility, including the drive-through lane, automated teller machine, and/or service window, shall be located to the side or rear of the financial institution building. In no instance may any component of the drive-through facility be located in the front yard.

(2)

Vegetative screening shall be located between all components of the drive-through facility and any adjoining residential use or any property in the BC and SR Districts.

(3)

The drive-through facility must have a lane that is dedicated to the conduct of drive-through business. The lane shall include sufficient length to allow for stacking of a minimum of six vehicles waiting for window or automated teller machine service. The stacking area shall not be used for parking lot circulation aisles or in any way conflict with parking or vehicle and pedestrian circulation.

Bed-and-breakfast.

(1)

A maximum of 10 guest rooms or suites are permitted in a bed-and-breakfast.

(2)

Meals served at a bed-and-breakfast shall be limited to breakfasts.

(3)

Cooking facilities are prohibited in all guest rooms or suites.

(4)

Common restrooms are permitted in the bed-and-breakfast. If common restrooms are used, a minimum of one common restroom shall be provided for every two guest rooms or suites.

(5)

Any required exterior improvements to the building, such as those required to meet applicable firesafety requirements, shall be located, to the maximum extent possible, to the rear of the building and shall not detract from the residential use and character of the building.

(6)

Either the bed-and-breakfast owner or a designated operator shall maintain a permanent residence within the bed-and-breakfast.

(7)

Permitted accessory uses. Within a bed-and-breakfast, common rooms may be used for the following purposes: gallery for local artists; sales of antiques, collectibles, or similar products; sales of locally produced crafts, artwork, or similar products; or coffee room or tearoom where coffee, tea, and light refreshments are served. No accessory use shall be permitted within rooms used as guest rooms. Where a permitted accessory use is proposed, hours of operation shall be limited to 11:00 a.m. to 6:00 p.m.

(8)

The operator of the bed-and-breakfast must demonstrate that the bed-and-breakfast is registered with the Adams County Treasurer's office in compliance with County Ordinance No. 3 of 2012 for the payment of hotel room rental tax.

Camp.

(1)

All building associated with the camp shall be located at least 50 feet from side and rear property lines and at least 100 feet from front property lines.

(2)

All recreation facilities associated with the camp shall be located at least 50 feet from all property lines.

(3)

The "maximum number of guests at a camp" shall be defined as one guest for every one acre of the parent property where the camp is located.

(4)

The facilities associated with the camp, including but not limited to lodging, dining, meeting, and recreation facilities, shall be size to reflect the maximum permitted number of guests.

(5)

The camp shall include centralized garbage collection facilities. Said facilities shall be located at least 100 feet from any property line.

(6)

All water systems and sewage disposal system shall be approved and maintained in accordance with applicable requirements of the Pennsylvania Department of Environmental Protection.

Campground.

(1)

All campsites and cabins shall be located at least 50 feet from side and rear property lines and at least 100 feet from front property lines.

(2)

All recreation facilities and all accessory uses within a campground shall be located at least 50 feet from all property lines.

(3)

The maximum number of campsites within a campground shall be five campsites per acre.

(4)

The campground may include accessory retail or service uses, provided that such uses are designed and constructed solely to serve the needs of registered guests of the campground.

(5)

All campsites and all accessory uses within the campground shall be accessed from an internal access drive system.

(6)

Access drives shall be a minimum of 12 feet in width for one-way access drives and 20 feet in width for two-way access drives.

(7)

A minimum of 20% of the gross area of the campground shall be devoted to active and passive recreation facilities. Such facilities shall be maintained in safe and usable condition by the campground operator at all times.

(8)

All campgrounds with 100 or more campsites shall be access from an arterial or collector road as designated in the Southwest Adams Joint Comprehensive Plan.

(9)

Parking shall not be permitted on internal access drives. Parking required for individual campsites shall be incorporated into said individual campsites. Parking required for accessory uses of the campground shall be provided within parking lots devoted to said accessory uses.

(10)

The campground shall include an on-site office staffed with a person or persons responsible for operation of the campground. In lieu of a staffed office, for campgrounds with only one tent or RV site, the campground shall provide to the Township a primary contact telephone number, operational 24 hours a day, seven days a week, for the person responsible for the campground and able to respond to the site within 30 minutes.

(11)

The campground shall include centralized garbage collection facilities. Said facilities shall be located at least 100 feet from any property line.

(12)

All water systems, sewage disposal system (including restrooms and recreational vehicle dump stations) shall be approved and maintained in accordance with applicable requirements of the Pennsylvania Department of Environmental Protection.

Child-care facility or group child care.

(1)

An outdoor play area meeting the following standards shall be provided:

(a)

An outdoor play area shall be provided at a rate of 65 square feet per child.

(b)

Off-street parking lots shall not be used as outdoor play areas.

(c)

Outdoor play areas shall not be located within the front yard.

(d)

Outdoor play areas shall be completely enclosed by a minimum four-foot-high fence, and screened from adjoining residentially zoned properties.

(2)

Passenger drop-off and pickup areas shall be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site.

(3)

All child-care center or group child-care facilities shall obtain and maintain proper licensure from the Commonwealth of Pennsylvania.

Conference center.

(1)

Permitted principal uses. The following types of uses shall be authorized to be included within a conference center:

(a)

Hotels.

(b)

Indoor presentation facilities, which may include movie or live theaters, playhouses, and auditoriums.

(c)

Tourist information centers.

(d)

Restaurants and other food services.

(2)

Permitted accessory uses. Other accessory uses clearly intended to meet the needs of visitors to the conference center, and which may include but are not limited to the following:

(a)

Exercise and fitness clubs.

(b)

Child day care.

(c)

Retail sales.

(d)

Indoor and outdoor recreation.

(3)

The conference center shall be designed such that all buildings shall a common architectural theme. A common architectural theme shall be demonstrated through the use of common building proportions and materials employed for all buildings.

(4)

The conference center may be comprised of one or more buildings within which the permitted principal uses are located. Permitted accessory uses shall be located within a building primarily designed to accommodate the permitted principal uses. In no case shall permitted accessory uses be permitted to occupy a building not primarily designed for a permitted principal use.

(5)

The conference center shall be provided with common access drives and common parking areas designed to serve the entire development. In no case shall separate access drives and/or separate parking lots intended to serve individual components of the conference center development be permitted.

(6)

A pedestrian network shall be provided within the conference center to connect all permitted principal and permitted accessory uses. The pedestrian network shall be comprised of sidewalks and/or asphalt walkways constructed to a minimum width of five feet. The pedestrian network within a conference center shall be connected to any existing pedestrian network surrounding the development site to allow for convenient pedestrian access to services and amenities in close proximity to the development site.

Continuing care retirement community.

(1)

Permitted uses. The following types of uses shall be authorized to be included within a CCRC:

(a)

Residential uses. Three forms of residential arrangements shall be provided within a CCRC. Residential arrangements include independent living, assisted living, and nursing or skilled units, and may be provided in accordance with the following.

[1]

Independent living units may be of the single-family detached, single-family semidetached, or multifamily dwelling unit types.

[2]

Assisted living units may be of the multifamily dwelling unit type.

[3]

Nursing or skilled units shall be located within a licensed facility providing medical care and related services.

(b)

Common uses. The following common uses shall be permitted to be located within a CCRC:

[1]

Dining facilities, including central kitchens and dining areas for on-site preparation and serving of meals.

[2]

Recreation facilities, including but not limited to activity rooms, auditoriums, lounges, and libraries.

[3]

Health care facilities, including but not limited to physical therapy facilities and services, exercise room with equipment, and swimming pools.

[4]

Retail sales uses intended to serve the residents and employees of the CCRC, provided that such retail sales uses do not exceed 10% of the total floor area within the CCRC.

[5]

Personal service uses intended to serve the residents of the CCRC, provided that such personal service uses do not exceed 5% of the total floor area within the CCRC.

[6]

Professional office uses intended to serve the residents of the CCRC, provided that such professional office uses do not exceed 10% of the total floor area within the CCRC. Floor area devoted to medical or care services offered directly within a nursing or skilled care facility shall not be included in calculating this percentage.

[7]

Chapels.

(2)

Bulk and area regulations. The following regulations shall be observed for CCRC developments:

(a)

Maximum development density. The maximum residential density of a CCRC development shall be defined by the density authorized in the zoning district where the CCRC development is proposed. The following weighting factors shall be employed when calculating project density:

[1]

Each independent living unit shall be counted as one dwelling unit.

[2]

Each assisted living unit shall be counted as 3/4 of a dwelling unit.

[3]

Each nursing or skilled unit shall be counted as 1/2 of a dwelling unit.

(b)

Minimum lot size. The minimum lot size upon which a CCRC development may be proposed shall be 10 acres.

(c)

Maximum impervious coverage. Maximum impervious coverage for a CCRC development shall be 65%.

(d)

Maximum building height. Maximum building height shall be defined by the zoning district where the CCRC development is proposed.

(e)

Building placement. A CCRC development shall be designed as a campus-like setting. Dimensional requirements are not established for individual residential or nonresidential use types, provided that the overall project density requirements established for CCRC developments are achieved and that the following dimensional requirements for the CCRC development are applied to the CCRC parcel as a whole:

[1]

Minimum front setback: 25 feet.

[2]

Minimum side setback: 10 feet.

[3]

Minimum rear setback: 25 feet.

[4]

Minimum lot width: 200 feet.

[5]

Minimum building separation. The following minimum building separation distances shall be applied to all buildings within the CCRC development:

[a]

Front to front: 50 feet.

[b]

Front to side: 25 feet.

[c]

Side to side: 15 feet.

[d]

Side to rear: 25 feet.

[e]

Rear to rear: 50 feet.

(3)

Design requirements. A CCRC development shall be subject to the following design standards:

(a)

Dwelling unit standards. The following standards shall be applied to all dwelling units within a CCRC development.

[1]

Single-floor dwellings. A minimum of 50% of the dwelling units within a CCRC development shall provide a single-story living arrangement. For the purpose of this section, an apartment unit on a second or third floor shall not be considered to have a single-story living arrangement unless elevator service is provided. Nursing or skilled units shall not be included in this calculation.

[2]

Accessible dwellings. A minimum of 25% of the dwelling units within a CCRC development shall be designed to be accessible to disabled or handicapped residents.

[3]

Single-family attached dwellings. All single-family attached dwellings shall meet the design requirements required § 375-80RR.

[4]

Apartment dwellings and nursing or skilled unit buildings. All apartment dwellings shall meet the design requirements established in § 375-80D.

(b)

Nonresidential use standards. The following standards shall be applied to all nonresidential uses within a CCRC development:

[1]

All nonresidential uses within a CCRC development shall be located in a central location within the community. The location of the nonresidential uses shall be connected to the pedestrian system within the development and shall be easily accessible for all residents.

[2]

Nonresidential uses may be integrated into buildings devoted to assisted living units and/or nursing or skilled units.

[3]

Where nonresidential uses are located in a building or buildings separate from residential buildings, the building(s) with the nonresidential uses shall have an architectural design that is consistent with and reflective of the architectural character of the residential buildings within the CCRC. Architectural renderings shall be submitted to document the required consistency.

(c)

Pedestrian facilities. A pedestrian network shall be provided within the CCRC development to connect all dwelling units with all activity centers, designated open space, and any common facilities. The pedestrian network shall be comprised of sidewalks and/or asphalt walkways constructed to a minimum width of five feet. The pedestrian network shall include benches and shelters at minimum intervals of 500 feet. The pedestrian network within a CCRC development shall be connected to the existing pedestrian network and facilities surrounding the development site to allow for convenient pedestrian access to services and amenities in close proximity to the development site.

(d)

Off-street parking for multifamily dwellings and nonresidential uses shall be provided in a common parking lot located to or rear of the use to which said parking is associated. Parking lots shall meet the design requirements of § 375-82.

(e)

A landscaping plan shall be developed for the entire CCRC development site. Three planting units shall be provided for every dwelling unit within a CCRC development. Selected plants shall be native or naturalized to Pennsylvania. The landscaping plan shall be prepared by a landscape architect licensed to practice in Pennsylvania. Precise placement of plant elements is not required. However, the landscaping plan shall relate to the need to soften views of parking areas, garbage dumpster sites, and mechanical and utility equipment sites, and shall facilitate attractive outdoor recreation spaces.

Convenience stores.

(1)

The use shall be located on a lot abutting an arterial street.

(2)

Convenience stores may include fuel pumps and charging stations, which shall be at least 25 feet from any existing and required future road right-of-way or 50 feet from the road center line, whichever is greater.

(3)

Convenience stores may include accessory components such as alcohol sales in accordance with applicable Pennsylvania Liquor Control Board regulations, lottery sales, food counter sales, and other uses that are clearly accessory to the function of the convenience store.

(4)

All services not normally associated with vehicular refueling shall be performed within a completely enclosed building.

(5)

The outdoor display of products for sale at the establishment shall not be permitted except for under following conditions:

(a)

Propane tank display, ice machines, and DVD kiosks shall be permitted year-round.

(b)

The temporary display and sale of flowers shall be permitted no more than one week before Easter or Mother's Day. The temporary display and sale of fireworks shall be permitted no more than one week before the Fourth of July.

(c)

All remnants of these temporary displays and sales, including but not limited to product, tents, trash receptacles and temporary signage shall be removed no later than three days following Easter, Mother's Day or the Fourth of July, respectively.

(d)

The required number of parking spaces for the convenience store use shall be maintained at all times. Under no circumstances shall these temporary sale events reduce the available number of parking spaces below the minimum amount required by this chapter.

(6)

A site circulation plan shall be devised that separates those vehicles waiting fueling service from those awaiting other services.

(7)

Any canopies over a vehicle fueling area shall share common architectural characteristics with the principal building, and shall be constructed with materials used for the principal building. The applicant shall submit architectural drawings to confirm the common architectural design and common materials.

(8)

No canopy structure shall be illuminated. Any lighting designed to illuminate the area beneath the canopy structure shall be flush-mounted. Light fixtures that extend below the horizontal plane made by the bottom edge of the canopy shall not be permitted.

Distribution center.

(1)

All operations, excluding truck loading and off-loading, shall be conducted within an enclosed building. Loading facility doors shall be closed at all times other than when a truck is loading or off-loading products.

(2)

There shall be no outdoor storage of products, including packaged products or products in delivery containers, being processed by the distribution center.

(3)

Access to the distribution center shall be from a minor arterial street as identified in the Southwest Adams Joint Comprehensive Plan.

(4)

Any overnight parking area for trucks shall be fully screened from view from any adjoining residential parcels. Where a fence is used as part of this screening, landscaping shall be provided along the outside edge of the fence.

Environmental education center:

(1)

The maximum number of guests at an environmental education center shall be defined as five guests for every one acre of the parent property where the environmental education center is located.

(2)

The facilities associated with the environmental education center, including but not limited to classroom and meeting facilities, shall be sized to reflect the maximum permitted number of guests.

(3)

The retreat center shall include centralized garbage collection facilities. Said facilities shall be located at least 50 feet from any property line.

(4)

All water systems and sewage disposal system shall be approved and maintained in accordance with applicable requirements of the Pennsylvania Department of Environmental Protection.

Estate lots.

(1)

Living area. A maximum of 1 1/4 acres within an estate lot can be devoted to a single-family detached dwelling and customary accessory uses, including manicured lawn area. The living area shall be depicted on the subdivision plan creating the estate lot, as well as on any exhibit submitted for special exception review.

(2)

The living area shall be located in an area free of sensitive environmental features including, at a minimum, floodplains, wetlands, slopes in excess of 12%, and areas of prime agricultural soil as designated by the Adams County Soil Survey.

(3)

Disturbance to existing woodlands, hedgerows, mature tree stands, and other significant vegetation shall be minimized.

(4)

The portion of the estate lot exclusive of the living area shall be included in meeting the open land requirements of the zoning district where the estate lot is proposed.

(5)

Subdivision plans proposing a lot addition to a single-family detached residential lot of less than five acres, and where the size of the parcel including the lot addition equals or exceeds five acres, but is less than 25 acres, shall be approved as an estate lot in conformance with the requirements of this section.

Events venue.

(1)

The events venue shall be of a scale and intensity so that the use is compatible with existing or proposed uses on adjacent parcels, or in the immediate vicinity. Adequate setbacks and buffers must be provided so as to prevent adverse impacts on adjoining parcels.

(2)

For any events venues in the OS, LC, and AP Districts, or for any events venue located on agricultural or formerly agricultural lots, the use shall not interfere with the ability of the property to return to agricultural use in the future.

(3)

Minimum lot size. The minimum lot size required for an events venue depends on the zoning district where the events venue is proposed, in accordance with the following:

(a)

OS, LC, and AP Districts: 10 acres.

(b)

All other districts. The minimum lot size shall be consistent with the minimum lot size established for the given zoning district.

(4)

Maximum floor area. The maximum floor area for all permanent structures associated with the events venue depends on the zoning district where the events venue is proposed, in accordance with the following:

(a)

OS, LC, and AP District. The maximum floor area shall be no more than 5% of the total lot area, or 30,000 square feet, whichever is less.

(b)

All other districts. none.

(5)

Setbacks. The minimum setback for all permanent structures, parking, loading, and other outdoor use areas associated with the events venue depends on the zoning district where the events venue is proposed, in accordance with the following.

(a)

OS, LC, and AP districts: 200 feet from and residential property or from any property within the RR, SR, or VM Districts.

(b)

All other districts. The minimum setbacks shall be consistent with the minimum setback standards established for the given zoning district.

(6)

Off-street parking for the events venue shall be provided in accordance with § 375-81S and shall be designed and installed in accordance with the requirements applicable to the zoning district where the events venue is proposed.

(7)

Events and activities must cease by 11:00 p.m. on Friday and Saturday, and 9:00 p.m. Sunday through Thursday.

(8)

The events venue shall be connected to a public sewer system or to an on-lot septic system as approved by the Township Sewage Enforcement Officer. In the case of connection to an on-lot septic system, such approval by the Sewage Enforcement Office shall be a condition of special exception by the Zoning Hearing Board if such approval has not been obtained by the applicant prior to the special exception public hearing.

(9)

The Zoning Hearing Board shall have the authority, in accordance with § 375-111D, to limit hours of operation, limit the number of events per year, limit the number of attendees, require additional setbacks or buffering, and similar conditions to mitigate potential negative impacts of the proposed events venue on surrounding properties.

Farm equipment sales facility.

(1)

A minimum lot area of two acre and lot width of 200 feet shall be required.

(2)

No outdoor storage of equipment is permitted within 50 feet of the right-of-way line or 25 feet of the side or rear property lines.

(3)

A land development plan shall be approved in accordance with applicable requirements of Chapter 320, Subdivision and Land Development. If the special exception application required by this section precedes land development plan submission, approval of the land development plan shall be a condition of any special exception approval granted in accordance with this section.

Farm market and/or agricultural tourism.

(1)

A farm market shall be intended to offer for sale primarily agricultural products produced either on the farm where the farm market is located or on other farms located within Adams County, as well as other agriculturally related products. A minimum of 25% of the sales from the farm market shall be agricultural or agriculturally related products produced either on the farm or on surrounding farms within Adams County. A maximum of 75% of the sales from the farm market may be from products produced outside Adams County.

(2)

Agricultural tourism is deemed to include a variety of activities designed to provide recreation, entertainment, education, and/or tourism opportunities within an agricultural setting. Agricultural tourism includes hay rides; corn or hay mazes; petting zoos comprised of farm animals; farm tours; historical or living history farms; farm museums; U-pick operations; tree farms; wineries, cideries, breweries, and distilleries (with tasting rooms and sales areas) that produce products derived from crops grown on the farm or on surrounding farms, or other operations deemed by the Zoning Hearing Board, upon Planning and Zoning Commission review and recommendation, to be of the same general nature as the above uses. Agricultural tourism uses may be operated as a stand-alone use or as an accessory use to a farm market.

(3)

The owner of the farm market/agricultural tourism use shall be the owner of the farm upon which the farm market/agricultural tourism use is located.

(4)

Farm market and agricultural tourism uses shall be located on a farm or on a property of at least five acres in size on which agricultural products are grown or produced.

(5)

The maximum floor area of any structure devoted to a farm market/agricultural tourism use shall be 15,000 square feet of publicly accessible sales activity area.

(6)

Within the Agricultural Preservation (AP) District, a farm market and/or agricultural tourism use shall contribute to the total number of uses or lots that may be developed on a property in accordance with the scale established in § 375-22A of this chapter.

(7)

Off-street parking and loading for farm markets and agricultural tourism uses shall be provided and designed in accordance with applicable requirements of Article XIX of this chapter. The amount of off-street parking for agricultural tourism uses to be provided shall be determined by the Zoning Hearing Board in accordance with testimony provided by the applicant regarding the anticipated volume of customer traffic associated with the agricultural tourism use.

Farm-related business.

(1)

A farm-related business is deemed to include one or more of the following and similar uses:

(a)

Specialty foods sales.

(b)

Specialty products sales.

(c)

Custom butchering.

(d)

Animal care, including but not necessarily limited to farriers.

(e)

Taxidermists.

(f)

Plant nursery.

(2)

The owner or other person having primary interest in the farm-related business shall be a full-time resident of the farm where the farm-related business is proposed to be located.

(3)

No more than four persons, other than residents of the farm, shall be employed in the farm-related business on a full-time basis. During peak business periods, no more than five additional persons, other than residents of the farm, shall be employed in the farm-related business on a part-time basis, provided that sufficient off-street parking, meeting the applicable requirements of this chapter, is provided for all employees on the site.

(4)

The portion of the farm devoted to all farm-related business shall not exceed two acres or 10% of the area of the farm, whichever is less.

(5)

The maximum floor area of any structure devoted to a farm-related business shall not exceed 5,000 square feet.

(6)

The proposed use shall be conducted entirely within an enclosed building. Outdoor display of products or merchandise shall be prohibited, except for plant nurseries and specialty food sales.

(7)

Sale of food items or specialty products shall be limited to those produced on the premises and products relating to services performed on the premises.

Farm stand.

(1)

The farm stand structure where agricultural products are sold shall not exceed 1,000 square feet in area. Sale of agricultural products from a structure in existence prior to the effective date of this chapter shall be exempted from this requirement.

(2)

Off-street parking shall be provided in accordance with applicable provisions of Article XIX.

Farm worker housing.

(1)

The occupants of the farm worker housing facility shall be employed as laborers on the farm or agricultural operation where the farm worker housing facility is located.

(2)

The owner of the property shall not lease the farm worker housing facility dwelling unit(s) to persons not employed by the farm or agricultural operation.

(3)

The owner of the property shall maintain the farm worker housing facility in compliance with any applicable Pennsylvania Department of Agriculture requirements or other state requirements for farm labor housing.

Food trucks.

(1)

Application. This section shall apply to food trucks conducting normal, day-to-day operations. This section shall not apply to food trucks that may set up as a part of a special event, festival, or similar occurrence.

(2)

Location. Food trucks shall be located on private, nonresidential properties, and in accordance with the following standards:

(a)

Food trucks shall not be placed within public rights-of-way.

(b)

Food trucks shall not be placed within an entrance/exit driveway, or within a circulation drive on the site.

(c)

Food trucks, including accessory customer parking and customer seating for food trucks, may be placed within parking spaces of a parking lot or within loading spaces, provided that the use of the parking or loading spaces by the food truck does not result in there being less than the minimum required parking or loading spaces for the principal use of the property.

(3)

Authorization of property owner. The owner of the property hosting the food truck shall provide express written consent for such use. The written consent shall be kept with the food truck at all times of operation.

(4)

Food trucks shall be licensed by the Pennsylvania Department of Agriculture. Said license shall be displayed at all times of operation.

(5)

Food trucks shall provide waste and recycle bins, which shall be removed by the operator at the close of each business day. The operator shall be responsible for picking up of all papers, wrappers, bottles or other refuse dropped by customers of the food truck.

(6)

Signs. A business sign for the food truck is permitted in accordance with the following standards:

(a)

The business sign shall be attached to the food truck.

(b)

The business sign shall meet the area, height, and related standards established in Article XX for the zoning district where the food truck is proposed.

Group home.

(1)

The provider and the structure shall be permitted and licensed by the appropriate county and/or state agencies and shall comply with all applicable rules and regulations. Copies of said permits and licenses shall be submitted as a component of the zoning permit application.

(2)

The zoning permit application shall identify the following:

(a)

The sponsoring agency.

(b)

The address and telephone number of the sponsoring agency.

(c)

A contact person of the sponsoring agency.

(d)

The proposed number of residents.

(3)

There shall be twenty-four-hour resident supervision by people qualified by training and experience in the field for which the group home is intended.

(4)

Any medical or counseling services provided shall be done so only for residents.

(5)

There shall be no alteration to the outside of the structure that would alter the residential character of the dwelling, be inconsistent with the basic architecture styles of the surrounding neighborhood, or be otherwise incompatible with surrounding dwellings.

Heavy industrial uses.

(1)

Proposed heavy manufacturing uses shall provide to the Township copies of all applicable state and federal emission, disposal, operation, transportation and other permits required by state and/or federal law before a zoning permit will be issued.

(2)

The outdoor storage of raw or finished materials or products shall be permitted, provided that all materials and/or products are fully screened from view from all nonresidential parcels. Where a fence is used as part of this screening, landscaping shall be provided along the outside edge of the fence.

(3)

Materials shall not be piled or stacked higher than the screening, landscaping and/or fence.

(4)

Where the site abuts a residential zone or district permitting residential use, the building wall facing such lots shall not have any service door openings or loading docks oriented toward the residential zone.

Homestay.

(1)

The maximum number of guest room or suite permitted within a homestay shall be established as follows:

(a)

For homestays on a property of less than one acre, only one guest room or suite shall be permitted.

(b)

For homestays on a property of one acre to five acres, two guest rooms or suites shall be permitted.

(c)

For homestays on a property exceeding five acres, any number of guest rooms or suites may be provided.

(2)

Any proposed homestay shall be compatible with the neighborhood in which it is located in terms of landscaping, scale, and architectural character. The use shall be harmonious and compatible with the existing uses within the neighborhood.

(3)

The operator of the homestay shall be the owner of the dwelling and permanently reside on the premises.

(4)

Guest rooms or suites shall meet current minimum room size and related dimensional requirements as may be defined in the Pennsylvania Uniform Construction Code, or similar applicable code.

(5)

The operator of the homestay must demonstrate that the homestay is registered with the Adams County Treasurer's office in compliance with County Ordinance No. 3 of 2012 for the payment of hotel room rental tax.

Home occupations.

(1)

A home occupation is deemed to include, but is not necessarily limited to, the following types of occupations: barber; hairdresser; dressmaker; milliner; professional office of attorney, architect, landscape architect, community planner, engineer, accountant, physician, dentist, realtor, insurance agent, clergyman, teacher, artist, horticulturist, or surveyor; clerical, typing and/or word processing services; family child care, specialty homemade food products, which require licensing for home production by a state and/or local health agency; and appliance repair, provided that no work may be performed out of doors and no appliances may be stored out of doors. Other occupations in addition to those listed above may be considered to be home occupations, provided it is determined that such occupations are of the same general character as those occupations listed above.

(2)

The person conducting the home occupation shall reside within the dwelling located on the lot.

(3)

No more than two persons other than family members who reside within the dwelling may be employed by the home occupation.

(4)

No more than 25% of the livable floor area of the dwelling may be devoted to the home occupation. Where the home occupation is operated either fully or partially within an accessory building on the lot, no more than 500 square feet of floor area in the accessory building may be devoted to the home occupation use. The applicant shall submit floor plans of the dwelling or the accessory building devoted to home occupation use. Said floor plans shall clearly depict the portion of the building devoted to home occupation use.

(5)

The dwelling or accessory building in which the home occupation is conducted shall retain a residential design and character. The applicant shall submit photographs of the existing building and shall submit architectural drawings of said building if an addition is proposed in support of the home occupation use. Said photographs and/or architectural drawings shall demonstrate that residential design and character will be retained.

(6)

For family child care, the following additional standards shall be applied:

(a)

An outdoor play area meeting the following standards shall be provided:

[1]

An outdoor play area shall be provided at a rate of 65 square feet per child.

[2]

Off-street parking lots shall not be used as outdoor play areas.

[3]

Outdoor play areas shall not be located within the front yard.

[4]

Outdoor play areas shall be completely enclosed by a minimum four-foot-high fence, and screened from adjoining residentially zoned properties.

(b)

Family child-care facilities shall obtain and maintain proper licensure from the Commonwealth of Pennsylvania.

AA.

Infill development.

(1)

The infill development shall be comprised of a use (or mixture of uses where permitted) that is permitted in the underlying zoning district.

(2)

The infill development building shall be oriented to the front of the lot and along a public street.

(3)

Entrances to nonresidential uses within the infill development building shall be located along a public street. Nonresidential use access may be taken from either a single entrance that serves two or more nonresidential uses, or may be taken from individual entrances. Where the infill development building is located on a corner lot, the nonresidential entrance or entrances shall be located along the street to which the property is addressed.

(4)

Entrances to residential uses may be located at any location, provided the following standards are met.

(a)

No residential entrance shall be located in a manner that requires the residential occupant to have walk through another use to access the entrance to the dwelling unit. This provision does not preclude internal foyer access to multiple units.

(b)

Any residential entrance not located along the front of the infill development building shall be connected to the public sidewalk at the front of the building by an access sidewalk.

(5)

The height of an infill development building shall be within 10% of the average building height of the buildings immediately surrounding the site, provided that the infill development building is a minimum of two stories.

BB.

Junkyard. All applications for junkyards shall comply with Chapter 216, Junkyards, as may be amended, of the Hamiltonban Township Code.

CC.

Landfills.

(1)

The landfill use shall be properly permitted through the Pennsylvania Department of Environmental Protection. Receipt of required state permitting shall be a condition of any approval authorized within the context of this chapter.

(2)

Site access.

(a)

The landfill use shall be accessed from a paved road that connects the operation to an arterial road as defined in the Southwest Adams Joint Comprehensive Plan.

(b)

The pavement of the connecting road shall be no less than three inches thick, and the connecting road shall be no less than 20 feet in width.

(c)

All truck and equipment traffic to and from the landfill use shall use this connecting road.

(d)

A maintenance bond of 50% of the full cost of repaying the extent of the connecting road used by the landfill operation shall be provided to the Township in a form approved by the Board of Supervisors. In lieu of a maintenance bond, an escrow account may be established, based on an agreement approved by the Board of Supervisors, to deposit funding sufficient to cover 50% of the full cost of repaving the connecting road. The Zoning Officer shall confirm the establishment of either the maintenance bond or the escrow account prior to approving any zoning permit to allow the establishment or expansion of a landfill use. The amount of the maintenance bond or escrow account shall be reviewed annually by the Township and adjusted when necessary to ensure that 50% of the repaving cost of the connecting road continues to be available.

(3)

No component of the landfill operation may be conducted within 300 feet of any right-of-way line of a public road. No component of the landfill operation may be conducted within 500 feet of any principal building on surrounding properties.

(4)

Vegetative screening shall be provided along all property boundaries and along all road rights-of-way adjoining the property where the landfill use is conducted. Said screening shall be provided by one of the following two means:

(a)

A minimum of three rows of trees, shrubs, or other vegetation shall be planted to produce the effective visual screen. No less than 50% of such plantings shall be evergreen plantings.

(b)

At least two different species of trees, shrubs, or other vegetation shall be used. Selected plants shall be native or naturalized to Pennsylvania. Selected species shall be tolerant to insects and diseases common in the area.

(c)

The plantings shall be capable of producing an effective visual screen of at least 10 feet in height within five years of planting.

(d)

Replacement of plantings that die shall occur for as long as the landfill use remains in operation.

(e)

Existing forest may be used in lieu of vegetative screening, provided that said forest provides the same degree of visual screening as the otherwise required plantings.

(5)

Security.

(a)

Fencing shall be provided at all vehicle access points to the landfill operation.

(b)

Gates that can be locked to prevent unauthorized entry to the landfill operation during times of nonoperation shall be provided.

(c)

Security lighting shall be required at all vehicle access points. This shall include, but is not limited to, the front gate, the scale house, and any other points of public entry.

(d)

Warning signs identifying the nature of the landfill operation shall be conspicuously posted around the perimeter of the operation.

(6)

Operation plan. An operation plan shall be submitted that includes the following components:

(a)

Procedures to be followed to maintain compliance with all applicable Pennsylvania Department of Environmental Protection rules and regulations. This component must address, at a minimum, the procedures to address erosion and sedimentation control, protection of groundwater and surface water quality, and site closing and reclamation upon completion of the landfill use.

(b)

A schedule of operational hours. Such schedule shall demonstrate that no component of the operation shall occur between the hours of 6:00 p.m. and 7:00 a.m., prevailing time.

(c)

Procedures for the removal of mud, debris, or refuse from any public road resulting from traffic entering or exiting the landfill site. Such mud or debris shall be removed at the end of each working day, or more frequently if needed during the working day. At a minimum, the landfill use shall include a wash-down facility of other similar facility to remove mud, debris, or refuse from any vehicle existing the landfill site to a public road.

(7)

Any special exception approval for a landfill shall include a condition that the application receive all applicable Pennsylvania Department of Environmental Protection approvals and any similar state approvals. Further, such approvals shall be obtained by the applicant before any zoning permit approval for the landfill use is approved.

DD.

Medical marijuana dispensary.

(1)

The medical marijuana dispensary must be legally registered in the commonwealth and possess a current valid medical marijuana permit from the Pennsylvania Department of Health.

(2)

The medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed, permanent, and secure building.

(3)

The medical marijuana dispensary may not operate on the same site as a medical marijuana grower/processor facility.

(4)

The medical marijuana dispensary shall have a single secure public entrance and shall implement security measures to prevent the theft of marijuana and to prevent the unauthorized entrance into areas containing medical marijuana.

(5)

The medical marijuana dispensary shall not include any of the following functions or features:

(a)

Drive-through service or facilities.

(b)

Outdoor seating areas.

(c)

Outdoor vending machines.

(d)

Direct or home delivery service.

(6)

The medical marijuana dispensary shall prohibit the administration of, or the consumption of, medical marijuana on the premises.

(7)

The medical marijuana dispensary may not be located within 1,000 feet of the property line of an educational institution or a day-care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of municipality in which it is located.

(8)

The medical marijuana dispensary shall be separated by a minimum distance of 1,000 feet from any other medical marijuana dispensary. This distance shall be measured in a straight line from the closest exterior walls of the buildings or portions thereof in which the medical marijuana dispensary is conducted or proposed to be conducted, regardless of municipality in which it is located.

(9)

External lighting, if proposed, shall comply with § 375-41F.

(10)

Screens and buffers shall be provided in accordance with § 375-41E.

(11)

Parking shall be provided in accordance with § 375-81XX and designed in accordance with § 375-82C through G.

(12)

Loading areas shall be provided in accordance with §§ 375-82 and 375-83.

EE.

Medical marijuana grower/processor.

(1)

The medical marijuana grower/processor must be legally registered in the commonwealth and possess a current valid medical marijuana permit from the Pennsylvania Department of Health.

(2)

The medical marijuana grower/processor may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the Pennsylvania Department of Health.

(3)

Marijuana remnants and by-products shall be secured and properly disposed of in accordance with the Pennsylvania Department of Health policy and shall not be placed within any unsecure exterior refuse containers.

(4)

The medical marijuana grower/processor shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is prohibited at medical marijuana grower/processor facilities.

(5)

The medical marijuana grower/processor may not be located within 1,000 feet of the property line of an educational institution or a day-care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of municipality in which it is located.

(6)

A water supply feasibility report, prepared in accordance with § 320-33 of Chapter 320, Subdivision and Land Development, shall be prepared to demonstrate that sufficient water resources are available to serve the proposed use. In addition to meeting all requirement of § 320-33 of Chapter 320, Subdivision and Land Development, the report shall assess any water quality and water quantity impacts for all public and private wells within a mile of the proposed medical marijuana grower/processor facility. The report shall be prepared by a licensed hydrogeologist.

(7)

External lighting, if proposed, shall comply with § 375-45C.

(8)

Screens and buffers shall be provided in accordance with § 375-45B.

(9)

Parking shall be provided in accordance with § 375-81HH and designed in accordance with § 375-82C through G.

(10)

Loading areas shall be provided in accordance with §§ 375-83 and 375-84.

FF.

Medical marijuana transport vehicle service.

(1)

Any medical marijuana storage, including temporary storage, at a medical marijuana transport vehicle service facility shall be secured to the same level as that for a medical marijuana grower/processor facility.

(2)

Transport vehicles associated with a medical marijuana transport vehicle service shall be equipped with a locking cargo area.

(3)

Transport vehicles associated with a medical marijuana transport vehicle service shall have no markings that would identify the vehicle as being used to transport medical marijuana.

(4)

External lighting, if proposed, shall comply with § 375-41C.

(5)

Screens and buffers shall be provided in accordance with § 375-41B.

(6)

Parking shall be provided in accordance with § 375-81Q and designed in accordance with § 375-82C through G.

(7)

Loading areas shall be provided in accordance with §§ 375-83 and 375-84.

GG.

Mixed-use buildings.

(1)

Entrances to nonresidential uses within a mixed-use property building shall be located along a public street. Nonresidential use access may be taken from either a single entrance that serves two or more nonresidential uses, or may be taken from individual entrances. Where the infill development building is located on a corner lot, the nonresidential entrance or entrances shall be located along the street to which the property is addressed.

(2)

Entrances to residential uses in a mixed-use property building may be located at any location, provided the following standards are met:

(a)

(b)

Any residential entrance not located along the front of the mixed-use property building shall be connected to the public sidewalk at the front of the building by an access sidewalk.

HH.

Mobile home parks. All applications for mobile home parks shall comply with the design and performance standards for mobile home parks as established in Chapter 320, Subdivision and Land Development (Ordinance No. 2012-07, as amended).

II.

No-impact home-based businesses.

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

The business may not involve any illegal activity.

JJ.

Produce stand.

(1)

The produce stand structure from which agricultural products are sold shall not exceed 500 square feet in area. Sale of agricultural products from a structure in existence prior to the effective date of this chapter shall be exempted from this requirement.

(2)

Off-street parking shall be provided in accordance with applicable provisions of Article XIX.

KK.

Recycling facility.

(1)

All operations, including collection, shall be conducted within an enclosed building. Access doors for trucks shall be closed at all times other than when a truck is off-loading materials to be recycled or onloading process materials.

(2)

There shall be no outdoor storage of materials collected, used, or generated by the recycling facility.

(3)

The operator shall document with the Township a written explanation describing the scope of the operation and the measures to be used to mitigate any problems associated with noise, fumes, dust, or litter. Such written explanation shall include a detailed explanation of site maintenance and stray debris collection.

(4)

Access to the recycling facility shall be from a roadway classified as no less than a minor arterial street as identified in the Southwest Adams Joint Comprehensive Plan.

(5)

Any special exception approval for a recycling facility shall include a condition that the application receive all applicable Pennsylvania Department of Environmental Protection approvals and any similar state approvals. Further, such approvals shall be obtained by the applicant before any zoning permit approval for the use is approved.

LL.

Rental storage.

(1)

The minimum aisle width between buildings shall be 24 feet.

(2)

Aisles shall be designed to enable large vehicle movement through the site. The applicant shall submit a graphic depicting truck turning movements to demonstrate that large vehicles can move through the site without contacting buildings or being forced to make reverse movements.

(3)

Aisles shall be paved. Suitable paving material shall be asphalt or concrete.

(4)

Storage of explosive, radioactive, toxic, highly flammable, or otherwise hazardous materials shall be prohibited.

(5)

No business or other activity other than leasing of storage units shall be conducted on the premises.

(6)

All storage shall be within closed buildings built on a permanent foundation of durable materials. Trailers, box cars or similar impermanent or movable structures shall not be used for storage.

(7)

Outdoor vehicle storage is permitted and shall comply with the following requirements:

(a)

Outdoor vehicle storage shall be screened to prevent view from adjacent streets, residential uses, or land within the VC or SR Districts.

(b)

A maximum of 20% of the total site area may be used for outdoor vehicle storage.

(c)

Stored vehicles shall not interfere with traffic movement through the facility.

(d)

Spaces for outdoor vehicle storage shall be marked in manner consistent with § 375-82E.

(8)

The facility shall be surrounded by a fence of at least six feet but not more than eight feet in height.

(9)

Lighting shall be arranged so as to prevent direct view of the light source from adjoining properties and/or public rights-of-way.

(10)

A landscaped buffer of no less than 10 feet in width shall be provided around the perimeter of the facility. At least one major deciduous tree shall be planted for every twenty-foot segment of the buffer.

MM.

Resource extraction.

(1)

The resource extraction use shall be properly permitted through the Pennsylvania Department of Environmental Protection. Receipt of required state permitting shall be a condition of any approval authorized within the context of this chapter.

(2)

Site access.

(a)

The resource extraction use shall be accessed from a paved road that connects the operation to an arterial road as defined in the Southwest Adams Joint Comprehensive Plan.

(b)

The pavement of the connecting road shall be no less than three inches think, and the connecting road shall be no less than 20 feet in width.

(c)

All truck and equipment traffic to and from the resource extraction use shall use this connecting road.

(d)

A maintenance bond of 50% of the full cost of repaving the extent of the connecting road used by the resource extraction operation shall be provided to the Township in a form approved by the Board of Supervisors. In lieu of a maintenance bond, an escrow account may be established, based on an agreement approved by the Board of Supervisors, to deposit funding sufficient to cover 50% of the full cost of repaving the connecting road. The Zoning Officer shall confirm the establishment of either the maintenance bond or the escrow account prior to approving any zoning permit to allow the establishment or expansion of a resource extraction use. The amount of the maintenance bond or escrow account shall be reviewed annually by the Township and adjusted when necessary to ensure that 50% of the repaving cost of the connecting road continues to be available.

(3)

No component of the resource extraction operation, other than borrow pits for highway construction purposes, may be conducted within the following areas:

(a)

Within 100 feet of any right-of-way line of a public road.

(b)

Within 300 feet of any occupied dwelling or any commercial or industrial building unless released by the owner thereof.

(c)

Within 300 feet of any public building, school, community, or institutional building.

(d)

Within 300 feet of a public park.

(e)

Within 100 feet of a cemetery.

(f)

Within 100 feet of the bank of a perennial or intermittent stream.

(4)

Screening shall be provided along all property boundaries and along all road rights-of-way adjoining the property where the resource extraction use is conducted. Said screening shall be provided by one of the following two means:

(a)

Vegetative screening.

[1]

A minimum of three rows of trees, shrubs, or other vegetation shall be planted to produce the effective visual screen. No less than 50% of such plantings shall be evergreen plantings.

[2]

At least two different species of trees, shrubs, or other vegetation shall be used. Selected species shall be tolerant to insects and diseases common in the area.

[3]

The plantings shall be capable of producing an effective visual screen of at least 10 feet in height within five years of planting.

[4]

Replacement of plantings that die shall occur for as long as the resource extraction use remains in operation.

[5]

Existing forest may be used in lieu of vegetative screening, provided that said forest provides the same degree of visual screening as the otherwise required plantings.

(b)

Earthen mounds.

[1]

Such mounds shall be located no closer than 50 feet from a property line or any road right-of-way line.

[2]

Such mounds shall be no less than 20 feet nor more than 40 feet in height.

[3]

Such mounds shall be seeded to provide a grass or comparable vegetative cover within one growing season. In no case will the use of a bare dirt or rock mound be authorized.

(5)

Security. The following security measures shall be applied at the resource extraction site:

(a)

Fencing. Fencing shall be established around the perimeter of the site. The fencing shall be located behind the vegetative or earthen mound screening required by § 375-80MM(4). The fencing shall be a minimum of six feet in height, and be constructed of wire mesh fabric with a top strand of barbed wire.

(b)

Gates. All access points to the resource extraction use shall be provided with gates that can be locked to prevent unauthorized entry during periods of nonoperation.

(c)

Warning signs identifying the nature of the resource extraction operation shall be conspicuously posted around the perimeter of the operation.

(6)

Operation plan. An operation plan shall be submitted that includes the following components:

(a)

Procedures to be followed to maintain compliance with all applicable Pennsylvania Department of Environmental Protection rules and regulations. This component must address, at a minimum, the procedures to address erosion and sedimentation control, protection of ground and surface water quality, and site closing and reclamation upon completion of the resource extraction use.

(b)

A schedule of operational hours. Such schedule shall demonstrate that any required blasting shall be confined between the hours of 8:00 a.m. and 5:00 p.m., prevailing time.

(c)

Procedures for the removal of mud or debris from any public road resulting from traffic entering or exiting the resource extraction site. Such mud or debris shall be removed at the end of each working day, or more frequently if needed during the working day.

(d)

Dust control.

[1]

Access drives internal to the resource extraction site shall be maintaining with a dustless surface from any intersection with a public road right-of-way to a point no less than 100 feet from said public road right-of-way.

[2]

Stockpiling of materials shall be located and conducted in a manner that prevents dust from blowing onto adjacent properties.

(7)

Any special exception approval for a resource extraction use shall include a condition that the application receive all applicable Pennsylvania Department of Environmental Protection approvals and any similar state approvals. Further, such approvals shall be obtained by the applicant before any zoning permit approval for the use is approved.

NN.

Restaurants with drive-through service.

(1)

The drive-through facility, including the drive-through lane, ordering intercom or window, and product delivery window shall be located to the side or rear of the restaurant building. In no instance may any component of the drive-through facility be located in the front yard.

(2)

Vegetative screening shall be located between all components of the drive-through facility and any adjoining residential use or any property in the OS, LC, RR, AP, SR, VM, and V Districts.

(3)

The drive-through facility must have a lane that is dedicated to the conduct of drive-through business. The lane shall include sufficient length to allow for stacking of a minimum of eight vehicles waiting to place an order. The lane shall include sufficient length to allow for stacking of a minimum of two vehicles waiting to receive an order. The stacking area shall not be used for parking lot circulation aisles or in any way conflict with parking or vehicle and pedestrian circulation.

OO.

Retail sales with drive-through service.

(1)

The drive-through facility, including the drive-through lane and/or service window, shall be located to the side or rear of the retail store building. In no instance may any component of the drive-through facility be located in the front yard.

(2)

Vegetative screening shall be located between all components of the drive-through facility and any adjoining residential use or any property in the OS, LC, RR, AP, SR, VM, and V Districts.

(3)

The drive-through facility must have a lane that is dedicated to the conduct of drive-through business. The lane shall include sufficient length to allow for stacking of a minimum of four vehicles waiting for window service. The stacking area shall not be used for parking lot circulation aisles or in any way conflict with parking or vehicle and pedestrian circulation.

PP.

Retreat center.

(1)

All building associated with the retreat center shall be located at least 50 feet from side and rear property lines and at least 100 feet from front property lines.

(2)

All recreation facilities associated with the retreat center shall be located at least 50 feet from all property lines.

(3)

The maximum number of guests at a retreat center shall be defined as one guest for every two acres of the parent property where the camp is located.

(4)

The facilities associated with the retreat center, including but not limited to lodging, dining, meeting, and recreation facilities, shall be size to reflect the maximum permitted number of guests.

(5)

The retreat center shall include centralized garbage collection facilities. Said facilities shall be located at least 100 feet from any property line.

(6)

All water systems and sewage disposal system shall be approved and maintained in accordance with applicable requirements of the Pennsylvania Department of Environmental Protection.

QQ.

Shopping center.

(1)

The shopping center shall operate under unified management, which shall have sole responsibility for operation and maintenance of the shopping plaza.

(2)

The shopping center shall be designed with a unified architectural theme. Consistent building dimensions, materials, and rooflines shall be proposed for all uses within the shopping center.

(3)

The primary entrance to the shopping center shall be provided from a roadway with a classification no less than a minor arterial street as identified in the Southwest Adams Joint Comprehensive Plan.

(4)

An internal pedestrian system shall be designed that will enable customers to move from any tenant within a shopping center to any other tenant without having to traverse vehicle parking spaces, parking space aisles, loading areas, or other nonpedestrian areas.

RR.

Single-family attached dwellings.

(1)

No building within which single-family attached dwellings are proposed shall include more than six dwelling units.

(2)

In addition to the setback and yard requirements of the underlying zoning district, buildings within which a single-family attached dwelling are proposed shall meet the following building separation requirements:

(a)

No front facade shall be closer than 30 feet to any other front facade.

(b)

The side and rear facades shall be no closer than 20 feet to any other side or rear facades.

(3)

Within any building within which single-family attached dwellings are proposed, no individual dwelling unit shall have a building footprint placed at the same distance from the front lot line, the street line, access drive line, or other feature defining the front of the dwelling as an adjoining individual dwelling. The building footprint of adjacent dwellings shall vary by no less than two feet and no more than four feet to create a "staggered" appearance of the individual dwelling units. Further, the roof plane shall vary from dwelling unit to dwelling unit in a manner consistent with the variation in the location of the front and rear of the building footprint.

(4)

There shall be, for any building within which single-family attached dwellings are proposed, at least three different architectural plans having substantially different designs, building materials, and exterior and floor elevations.

(5)

All single-family attached dwellings shall comply with the following architectural requirements:

(a)

Windows shall constitute a minimum of 25% of the total area of every front and rear wall, and 10% of the total area of every side wall.

(b)

A minimum roof pitch of no less than 4/12 shall be used.

(c)

Eaves shall be provided on all buildings within which single-family attached dwellings are proposed. The use of eaves in coordination with additional architectural features, such as dentils, brackets, and decorative moldings, is strongly encouraged.

(d)

An architectural feature, such as but not limited to vertical bands, shall be used to delineate the individual dwelling units of a building consisting of single-family attached dwellings. In no event shall the building facade transition from one dwelling unit to another without a distinct visual or architectural break between the two units.

(6)

On any building within which single-family attached dwellings are proposed, all individual dwelling units shall share a common roof shingle material and color.

(7)

Parking. Off-street parking shall be located in accordance with the following requirements:

(a)

In a common parking lot located to the rear of the building.

(b)

In a common garage located underneath the building and accessed from the rear of the building.

(c)

In garage spaces dedicated to individual dwelling units and accessed from the side or rear of the building.

(d)

The only exception to this standard will be for a quadplex or similar form of single-family attached dwelling. In this case only, a parking space for one of the units within the building may be accessed from the front of the overall building.

SS.

Principal solar energy systems (PSES).

(1)

The following regulations apply to all Principal Solar Energy Systems.

(a)

PSES constructed prior to the effective date of this section shall not be required to meet the terms and conditions of this chapter. Any physical modification to an existing PSES, whether or not existing prior to the effective date of this section that materially alters the PSES shall require approval under this chapter. Routine maintenance or like-kind replacements do not require a permit.

(b)

A land development plan submission and approval in accordance with the Hamiltonban Township Subdivision and Land Development Ordinance is required.

(c)

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

(d)

The applicant for a zoning permit shall submit certificates of design compliance obtained by the applicable equipment manufacturers listed above.

(e)

The PSES shall be constructed to comply with the PA Uniform Construction Code Act 455 of 1999 as amended, and any regulations adopted by the Pennsylvania Department of Labor and Industry as they relate to the uniform Construction Code except where an applicable standard has been approved by the Department of Labor and Industry under its regulatory authority, and as enforced by Hamiltonban Township and with all other applicable fire and life safety requirements. The manufacturer specifications for the key components of the system shall be submitted as part of the application.

[1]

All components of the PSES shall be American made products, manufactured within the United States unless the applicant can demonstrate there are no American suppliers or manufacturers of a given component.

(f)

Upon completion of installation, the PSES shall be maintained in good working order in accordance with standards of the Hamiltonban Township codes under which the solar energy system was constructed. Failure of the owner to maintain the PSES in good working order is grounds for appropriate enforcement actions by Hamiltonban Township in accordance with applicable ordinances.

(g)

All on-site power transmission and collection lines shall be placed underground to the maximum extent feasible.

(h)

Glare.

[1]

All PSES shall be placed such that concentrated solar radiation or glare does not project onto nearby structures or roadways. Exterior surfaces shall have a non-reflective finish.

[2]

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

(i)

No portion of the PSES shall contain or be used to display advertising. The manufacturer's name and equipment information or indication of ownership shall be allowed on any equipment of the PSES provided they comply with the prevailing sign regulations.

(j)

No trees or other landscaping otherwise required by Hamiltonban Township ordinances or attached as a condition of approval of any plan, application, or permit may be removed for the installation or operation of a PSES.

(k)

Prior to the issuance of a zoning permit, PSES applicants must acknowledge in writing that the issuing of said permit shall not and does not create in the property owner, its, his, her or their successors and assigns in title or, create in the property itself;

[1]

The right to remain free of shadows and/or obstructions to solar energy caused by development of adjoining or other property or the growth of any trees or vegetation on such property; or

[2]

The right to prohibit the development on or growth of any trees or vegetation on such property.

[3]

This acknowledgement shall be submitted to Hamiltonban Township and placed on any required subdivision and/or land development plans.

(l)

Other provisions of this chapter and the Hamiltonban Township Subdivision and Land Development Ordinance notwithstanding, for a PSES permitted under this chapter, the following regulations shall apply:

[1]

The minimum lot size for a PSES is 100 acres. For the purposes of this requirement, individual lots that are less than 100 acres but are immediately adjacent and developed together at the same time shall be considered one 'lot'.

[2]

Minimum setback requirements shall be:

[a]

All PSES shall be set back a minimum of 200 feet from any lot line.

[b]

All solar equipment/infrastructure that generates noise, including, but not limited to, inverters, transformers, etc., shall be located a minimum of 200 feet from all property lines and at least 400 feet from any residence.

[c]

Excluded locations.

[i]

Property listed on, or eligible for listing on the National Register of Historical Places as designated by the State Historic Preservation Office or the National Park Service.

[ii]

Property located with federally recognized historic boundaries as identified and maintained by the National Park Service's American Battlefield Protection Program.

[d]

Portion of lot to be devoted to solar arrays. For each lot on which a PSES, or a component of a PSES is proposed, the following calculations shall be performed to determine the proportion of the lot on which solar arrays may be authorized.

[i]

Calculate constrained area: Calculate the Constrained Area by calculating the sum of the acreage of the following features that appear on a lot.

[A]

Floodplains, as identified by FEMA and the Hamiltonban Township Floodplain Ordinance.

[B]

Natural and man-made drainage corridors, extending 25 feet from the centerline of any such drainage features.

[C]

Wetlands.

[D]

Wetlands buffer extending 50 feet from any wetland.

[E]

Slopes in excess of 15%.

[F]

Wooded areas.

[G]

Road rights-of-way.

[H]

Setback areas, as defined in the underlying zoning district.

[ii]

Calculate PSES Development Area. Calculate the PSES Development Area by subtracting the Constrained Area from the lot area.

[iii]

Calculate the portion of the PSES Development Area that may be devoted to solar arrays. Calculate the total acres of land within the PSES Development Area that are comprised of Class I and Class II agricultural soils, as identified in official Federal soils mapping or a more accurate professional study. Subtract 1/2 of this figure from the PSES Development Area to determine the portion of the PSES Development Area that may be devoted to solar arrays.

[iv]

For each lot on which a PSES, or a component of a PSES, is proposed, a map shall be provided by the applicant detailing the Constrained Area, the PSES Development Area, the Class I and II agricultural soils, and the Portion of the PSES Development that may be devoted to solar arrays.

[v]

Solar arrays shall only be placed within that portion of any lot that lies within the portion of the PSES Development that may be devoted to solar arrays.

[3]

Height. All ground-mounted PSES shall comply with a fifteen-foot maximum heigh requirement.

(m)

Solar easements.

[1]

Where a subdivision or land development proposes a PSES, solar easements may be provided. Said easements shall be in writing and shall be subject to the same conveyance and instrument recording requirements as other easements.

[2]

Any such easements shall be appurtenant; shall run with the land benefited and burdened; and shall be defined and limited by conditions stated in the instrument of conveyance. Instruments creating solar easement shall include but not be limited to:

[a]

A description of the dimensions of the easement including vertical and horizontal angles measured in the degrees or the hours of the day, on specified dates, during which direct sunlight to a specified surface or structural design feature may not be obstructed;

[b]

Restrictions on the placement of vegetation, structures, and other objects which may impair or obstruct the passage of sunlight through the easement;

[c]

Enumerate terms and conditions, if any, under which the easement may be revised or terminated;

[d]

Explain the compensation for the owner of the real property subject to the solar easement for maintaining the easement and for the owner of the real property benefiting from the solar easement in the event of interference with the easement.

[3]

If necessary, a PSES owner and/or operator must obtain any solar easements necessary to guarantee unobstructed solar access by separate civil agreement(s) with adjacent property owner(s).

(n)

Stormwater requirements.

[1]

Stormwater management for the solar energy system shall be in accordance with the Hamiltonban Township Stormwater Management Ordinance and the Pennsylvania Department of Environmental Protection (DEP) FAQ Document entitled "Chapter 102 Permitting for Solar Panel Farms", dated January 2, 2019 as applicable and as most recently revised. In the event that criteria within the PA DEP FAQ document discussed above cannot be fully met, a detailed stormwater analysis including post construction stormwater management (PCSM) and BMP requirements will be required.

[2]

The surface area of the arrays of a PSES, regardless of the mounted angle of any solar panels, shall be considered impervious from a zoning perspective and calculated in the lot coverage of the lot on which the system is located.

[3]

The applicant shall submit a Stormwater Management Plan that demonstrates compliance with Hamiltonban Township stormwater management regulations.

[4]

The individual solar modules within an array are arranged in a fashion that:

[a]

Allows the passage of runoff between each module, minimizing the creation of concentrated runoff.

[b]

Individual solar panels shall not exceed one meter in width to allow for adequate vegetative cover to be established and maintained.

(o)

Agrivoltaics are permitted when:

[1]

Only shade-tolerant crops are permitted.

[2]

Plowing is prohibited, no-till application is required.

[3]

Cutting or mowing is limited to a height of no less than four inches.

[4]

Application of chemical fertilization or herbicides/pesticides is limited to the agronomic needs of the crop(s).

(p)

A single identification sign of a maximum of six square feet per sign side shall be permitted at each PSES site.

(q)

Plan requirements. A report and plan highlighting the existing conditions of the property shall be included in the submission to Hamiltonban Township. The information should highlight existing vegetation, topography, and other existing natural features.

[1]

Ground mounted PSES require submission and approval of a land development plan in accordance with the Hamiltonban Township Subdivision and Land Development Ordinance if the solar project is considered a principal use of the property.

[2]

Roof mounted PSES do not require submission of a land development plan.

(r)

Permit requirements.

[1]

PSES shall comply with the Hamiltonban Township Subdivision and Land Development Ordinance requirements through submission of a land development plan. The installation of PSES shall be in compliance with all applicable permit requirements, codes and regulations.

[2]

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

(s)

Decommissioning.

[1]

The developer of a PSES shall enter into a decommissioning agreement, with such agreement being in a form acceptable to the Hamiltonban Township Solicitor.

[2]

The PSES owner shall, at the end of each calendar year or fiscal year, provide information concerning the amount of energy generated by the solar energy system in the last 12 months.

[3]

The PSES owner is required to notify Hamiltonban Township immediately upon cessation or abandonment of the operation. The PSES shall be presumed to be discontinued or abandoned if energy generation falls below 50% of the designed generation capacity for a period of six continuous months.

[4]

The PSES owner shall then have 12 months from abandonment in which to completely dismantle and remove the solar energy system including all solar related equipment or appurtenances related thereto, including but not limited to buildings, cabling, electrical components, roads, foundations and other associated facilities from the property. The decommissioning shall be conducted in a manner so that any agricultural ground upon which the PSES is located is again tillable and suitable for agricultural use, unless the landowner requests in writing, that the access roads or other land surface areas not be restored. All posts, foundations, framing, fencing, and all structural components of the PSES shall be fully removed, as well as all electrical and communications cabling that is less than 42" in depth. If the owner fails to dismantle and/or remove the PSES within the established timeframes, Hamiltonban Township may complete the decommissioning at the owner's expense.

[5]

At the time of issuance of the zoning permit for the construction of the PSES, the owner shall provide financial security in the form and amount acceptable to Hamiltonban Township to secure its obligations under this section.

[a]

The PSES Developer shall, at the time of application, provide Hamiltonban Township with an estimate of the cost of performing the decommissioning activities required herein, together with an administrative and inflation factor of 25% to account for the cost of obtaining permits to complete said activities. The estimate may include an estimated salvage and resale value, discounted by a factor of 20%. The decommissioning cost estimate formula shall be: gross cost of decommissioning activities + administrative factor of 25% - salvage and resale credit of 80% = the decommissioning cost estimate.

[b]

On every 5th anniversary of the date of providing the decommissioning financial security the PSES owner with the help of a Pennsylvania licensed engineer shall provide an updated decommission cost estimate, utilized the formula set forth above with adjustments for inflation and cost and value changes. If the decommissioning security amount changes, the PSES owner shall remit the increased financial security to Hamiltonban Township within 30 days of the approval of the updated decommissioning security estimate by Hamiltonban Township.

[c]

Decommissioning security estimates shall be subject to review and approval by Hamiltonban Township and the PSES developer/owner shall be responsible for administrative, legal, and engineering costs incurred by Hamiltonban Township for such review.

[d]

At no time shall the financial security be an amount less than $500,000.

[e]

The decommissioning security may be in the form of cash, letter of credit, or an investment grade corporate guarantee rated BBB-/Baa3 or better by S&P, Moody's, or AM Best, as applicable.

[f]

Prior to approval of any plan or permit for a PSES, the PSES developer shall enter into a decommissioning agreement with Hamiltonban Township outlining the responsibility of the parties under this agreement as to the decommissioning of the PSES.

(t)

Environmental protection.

[1]

All PSES must be set back a distance of 25 feet from any area designated as a wetland, a FEMA Floodplain, or an area containing 15% slope or greater.

[2]

All PSES shall be set back 100 feet from a property listed on, or eligible for listing on the National Register of Historic Places as designated by the State Historic Preservation Office or the National Park Service.

(u)

Ground-mounted PSES shall be screened and buffered in accordance with the following standards:

[1]

Vegetative buffering shall be installed around the entire perimeter of the PSES installation, except where the Zoning Officer determines that the retention of existing trees within the vegetative buffering area may constitute the required vegetative buffer.

[2]

The vegetative buffering shall be installed along the exterior side of the fencing. All required vegetative buffering shall be located within 50 feet of the required fencing.

[3]

Vegetative buffering shall be designed to emulate the mix of species and appearance of existing tree lines, hedge rows, and wooded areas already in existence within the landscape where the PSES is proposed. The applicant shall assess the species mix and characteristics found in existing tree lines, hedge rows, and wooded areas surrounding the PSES and document that the vegetive buffering is designed to emulate these characteristics.

[4]

Vegetative buffering shall be selected to provide year round buffering and shall be of sufficient height, density, and maturity to screen the facility from visibility, as set forth herein within 36 months of the installation of the PSES. All coniferous trees shall be a minimum of six feet in height at time of planting, and all deciduous trees shall not be less than two-inch caliper at time of planting.

[5]

The primary use of evergreen trees shall not be permitted, and a monotonous straight row of the same species, particularly evergreen trees, is specifically prohibited.

[6]

A combination of natural topography and vegetation can serve as a buffer provided that the PSES will not be visible from public roads, public parks, or existing residences on surrounding properties. Earthen berms may not be created to serve as a buffer.

[7]

Visibility of the PSES shall be determined as visible in a photograph taken at a point with a digital camera with an APS-C Sensor and a 35mm focal length lengths. A PSES shall be considered to be not visible provided no more than 5% of the PSES shall be visible in accordance with the measure of visibility set forth above.

[8]

All buffer and landscape screening shall be required to be maintained and in healthy condition for the life of the solar project. Any landscape plantings that die or are diseased or damaged must be immediately replaced.

(v)

PSES shall not be placed within any legal easement or right-of-way location, or be placed within any storm water conveyance system or in any other manner that would alter or impede storm water runoff from collecting in a constructed storm water conveyance system. This shall include any agricultural BMPs that are still required to be maintained within the lifespan of the practice, unless approval is obtained by the funding agency for any impact associated with the PSES project.

(w)

The PSES shall be sited in such a way that it presents minimal impact to traffic and no impact to public health and safety.

(x)

The structures comprising the PSES shall be constructed and located in a manner so as to minimize the necessity to remove existing trees upon the lot, and in no event shall more than 2% of the wooded acreage of the lot or portion of the lot devoted to the PSES use be removed without demonstrating that such removal is necessary for the reasonable construction and efficient performance of the use.

(y)

Security.

[1]

All ground-mounted PSES shall be completely enclosed by a minimum eight foot and maximum ten-foot high fence with a self-locking gate to prevent or restrict unauthorized persons or vehicles from entering the property. The fence shall meet setback requirements noted in this section. Where the fence requirements of this section conflict with the general sign requirements of § 375-69, the standards of this section shall control.

[2]

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

(z)

Access.

[1]

At a minimum, a 25' wide access road must be provided from a state or municipal roadway into the site for a minimum of 100 feet. Access points must be designed to accommodate the largest construction traffic that will be entering the site.

[2]

Between the solar arrays, an emergency access drive shall be provided to allow access for maintenance vehicles and emergency management. The width of this aisle/drive shall be confirmed with the local EMS providers but in no case shall it be less than 12 feet in width. Emergency access width is the distance between the bottom edge of a solar panel to the top edge of the solar panel directly across from it.

[3]

If the PSES is exempt from stormwater requirements as specified in this section, vegetation must be maintained or replaced after maintenance and/or emergency use.

[4]

Access to the PSES shall comply with all access requirements in the Hamiltonban Township Subdivision and Land Development Ordinance.

[5]

All access points, whether temporary or permanent, shall be required to obtain a PennDOT or Township Roadway Occupancy Permit.

[6]

All sites shall be designed such that the construction trafficshall utilize access points from state highways instead of local Township roadways when the site is located on a property with state highway frontage.

(aa)

PSES shall not be artificially lighted except to the extent required for safety or applicable federal, state, or local authority. This shall include any indicator lights/beacons which shall not be visible beyond the property line of the project site, whether solid or flashing.

(bb)

The owner of a PSES shall provide Hamiltonban Township with written confirmation that the public utility company to which the PSES will be connected has been informed of the customer's intent to install a grid connected system. The written confirmation shall include a statement of capacity and approval of the proposed connection.

(2)

Roof- and wall-mounted principal solar energy systems:

(a)

For roof- and wall-mounted systems, the applicant shall provide evidence that the plans comply with the Uniform Construction Code and adopted building code of Hamiltonban Township that the roof or wall is capable of holding the load imposed on the structure.

(b)

PSES mounted on the roof or wall of any building shall be subject to the maximum height regulations of the underlying zoning district.

TT.

Vacation rental.

(1)

Any proposed vacation rental shall be compatible with the neighborhood in which it is located in terms of landscaping, scale and architectural character. The use shall be harmonious and compatible with the existing uses within the neighborhood.

(2)

The operator of the vacation rental shall, at all times while the property is being used as a vacation rental, maintain a contact person/entity within a 15 minute drive of the property. The contact person or entity must be available via telephone 24 hours a day, seven days a week, to respond to complaints regarding the use of the vacation rental.

(3)

A written notice shall be conspicuously posted inside each vacation rental unit setting forth the name, address and telephone number of the contact person required in Subsection TT(2) above. The notice shall also set forth the address of the vacation rental, the maximum number of vehicles permitted to park on-site, and the day(s) established for garbage collection.

(4)

The number of overnight occupants shall be limited to two persons per available guest room or suite.

(5)

Guest rooms or suites shall meet current minimum room size and related dimensional requirements as may be defined in the Pennsylvania Uniform Construction Code, or similar applicable code.

(6)

Off-street parking shall be provided in accordance with § 375-81HHH. Where the number of required parking spaces is such that a parking lot is required in accordance with § 375-82A, such parking lot shall be designed in accordance with the requirements of § 375-82. Further, the parking lot shall be hidden from view, through the use of landscaping or similar design features, from any public road right-of-way.

(7)

The operator of the vacation rental must demonstrate that the vacation rental is registered with the Adams County Treasurer's office in compliance with County Ordinance No. 3 of 2012 for the payment of hotel room rental tax, as may be reenacted or amended.

UU.

Small wireless facilities — co-location — inside public right-of-way.

(1)

Location. An applicant may co-locate one or more small wireless facilities on existing poles, including but not limited to, telephone utility poles, electric utility poles, and light poles.

(2)

Siting requirements. Co-location of small wireless facilities shall meet the following siting criteria:

(a)

The co-location of the small wireless facility and related equipment shall be installed and maintained so as not to obstruct nor hinder travel or public safety within the right-of-way or obstruct the legal use of the right-of-way by the Township and utilities.

(b)

The installation of a small wireless facility on an existing utility pole shall not extend more than five feet above the existing utility pole.

(c)

An applicant shall self-certify that the small wireless facility at the subject location is needed by the wireless provider to provide additional capacity or coverage for wireless services. The self-certification shall not be required to include information regarding an applicant's business decisions with respect to its service, customer demand for service, or quality of service.

(3)

Fees. Subject to the fee adjustment requirements of the Small Wireless Facilities Deployment Act, Pennsylvania Act 50 of 2021, the Township may charge an annual fee for the use of Township right-of-way. An annual right-of-way fee shall not exceed $270 per small wireless facility unless the Township demonstrate all of the following.

(a)

The annual right-of-way fee is a reasonable approximation of the Township's costs to manage the right-of-way.

(b)

The Township costs under § 375-80UU(3)(a) are reasonable.

(c)

The annual right-of-way fee is nondiscriminatory.

(4)

Zoning permit submission, review, and approval. The timing requirements of Article XXII of this section notwithstanding, the zoning permit submission, review, and approval period shall be those expressed in the Small Wireless Facilities Deployment Act, Pennsylvania Act 50 of 2021, and specifically as follows.

(a)

Completed application. Within 10 business days of receiving a zoning permit application, the Township must determine and notify the applicant in writing whether the application is incomplete. If an application is incomplete, the notice must specifically identify the missing information. The processing deadline shall restart at zero on the date the applicant provides the missing information. The processing deadline may be tolled by agreement of the applicant and the Township.

(b)

Deadlines. A zoning permit application shall be processed on a nondiscriminatory basis and shall be deemed approved if the Township fails to approve or deny the zoning permit application within 60 days of receipt of a complete application. A zoning permit associated with a zoning permit application that has been deemed approved shall be deemed approved if the Township fails to approve issue or deny the zoning permit within seven days of the zoning permit application deemed approval unless there is a public safety reason for the delay.

(c)

Denial. Denial of a zoning permit application shall comply with the following.

[1]

Cause for denial. The Township may deny a zoning permit application only if any of the following apply.

[a]

The small wireless facility materially interferes with the safe operation of traffic control equipment, sight lines, or clear zones for transportation or pedestrians or compliance with the Americans with Disabilities Act of 1990 (P.L. 101-336, 104 Stat. 327) or similar Federal or State standards regarding pedestrians and movement.

[b]

The small wireless facility fails to comply with applicable codes.

[c]

The small wireless facility fails to comply with the requirements of the Small Wireless Facilities Deployment Act, Pennsylvania Act 50 of 2021.

[2]

Documentation of denial. Within the time frame established in § 375-80UU(4)(b), the Township shall document the basis for denial, including the specific provisions of applicable codes on which the denial was based. Such documentation shall be sent to the applicant within five business days of the denial.

[3]

Cure deficiencies of denial. The applicant may cure the deficiencies identified by the Township and resubmit the zoning permit application within 30 days of receiving the written basis for the denial without being required to pay an additional application fee. The Township shall then approve or deny the revised zoning permit application within 30 days of the application being resubmitted for review or the resubmitted application shall be deemed approved 30 days after resubmission. Any subsequent review shall be limited to the deficiencies cited in the denial. If the resubmitted application addresses or changes other section of the application that were not previously denied, the Township shall be given an additional 15 days to review the resubmitted application and may charge an additional fee for the review.

(5)

Consolidated application. An applicant seeking co-location shall be allowed, at the applicant's discretion, to file a consolidated application of multiple small wireless facilities as follows.

(a)

The consolidated application shall not exceed 20 small wireless facilities.

(b)

The denial of one ore more small wireless facilities in a consolidated application shall not delay processing of any other small wireless facilities in the same consolidated application.

(c)

A single applicant may not submit more than one consolidated or 20 single applications in a thirty-day period. If the Township receives more than one consolidated application or 20 single applications within a forty-five-day period, the submission, review, and approval deadline of § 375-80UU(4)(b) shall be extended 15 days to allow the Township to complete its review.

(d)

Tolling. A zoning permit application tolled under § 375-80UU(5)(c) shall count toward the total number of applications included in a consolidated application unless the application is withdrawn by the applicant. As the processing of applications is completed, the Township shall begin processing previously tolled applications in the order in which the tolled applications were submitted, unless the applicant specifies a different order.

(6)

Permit term. Approval of the zoning permit authorizes the applicant to operate and maintain small wireless facilities and any associated equipment for a period of not less than five years, which shall be renewed for two additional five year periods if the applicant is in compliance with he criteria set forth in this section and the Small Wireless Facilities Deployment Act, Pennsylvania Act 50 of 2021.

(7)

Removal. Within 90 days of the end of the zoning permit term, or an extension of the zoning permit term, the applicant shall remove the small wireless facility and any associated equipment.

(a)

(b)

Within 90 days of the end of the zoning permit term, or an extension of the zoning permit term, the applicant shall remove the small wireless facility and any associated equipment.

VV.

Wireless communication facility, co-location, outside public rights-of-way.

(1)

Applicability. The following standards are applicable to the co-location of wireless facilities outside of public right-of-way, but excluding the provision of small wireless facilities located in an interior structure or on the site of a campus, stadium, or athletic facility not owned or controlled by the Township. In accordance with the Small Wireless Facilities Deployment Act, Pennsylvania Act 50 of 2021, such co-location projects involving small wireless facilities shall not be subject to Township zoning review and permitting.

(2)

Location. An applicant may co-locate one or more wireless communications facilities on existing poles, including, but not limited to, existing tower-based wireless communications facilities, telephone and/or electric utility poles, and light poles. Such facilities may also be co-located on buildings and structures. Multiple small wireless facilities proposed to be deployed at multiple locations shall be considered to be one application for the purpose of this review and approval process.

(3)

Screening. Any related equipment that cannot be placed underground shall be screened through the use of landscaping or other decorative features.

(4)

Stealth technology co-location on wireless communication tower. Any stealth technology employed on the existing Wireless Communication Tower must be expanded to encompass the new wireless communication facility to be co-located on said tower.

(5)

Stealth technology co-location on other towers, poles, structures, or buildings. Stealth technology shall be employed to minimize the visual impact of the wireless communications facility within the surrounding environment. Specific requirements are as follows:

(a)

Buildings. Stealth technology shall be employed that encloses the wireless communications facility in structure that is architecturally compatible with the host building.

(b)

Poles and other structures. Stealth technology shall be employed such that the wireless communications facility is installed either within the pole or structure, or flush on the external surface of the pole or structure.

(6)

Height. The following height requirements shall be applied:

(a)

Co-location on existing wireless communications tower. Co-location on an existing wireless communications tower shall not result in a wireless communications tower height that exceeds that authorized by this chapter.

(b)

Co-location on poles and other structures. Co-location on other poles and other structures shall not result in the wireless communications facility exceeding the height of the pole or structure.

(c)

Co-location on buildings. Co-location on an existing building may result in the wireless communication facility exceeding the building height by no more than 10 feet. However, in no case shall the height of the wireless communication facility exceed the maximum building height of the underlying zoning district by more than five feet.

(7)

Review period. The timing requirements of Article XXII of this chapter notwithstanding, the review and approval period shall be those expressed in "Accelerating Wireless and Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment," or subsequent rule-making, by the Federal Communications Commission, and specifically as follows:

(a)

Small wireless facility: 60 days from date of application. This time frame includes multiple deployments on existing poles and other structures outside of public right-of-way and within public right-of-way and on existing structures inside the public right-of-way per § 375-80UU of this chapter.

(b)

Applications for multiple deployments that contain small wireless facilities on existing structures outside of public right-of-way and small wireless facilities in any other location as regulated by this chapter: 90 days from date of application.

(c)

Facility other than a small wireless facility: 90 days from date of application.

WW.

Small wireless communication facilities — tower-based — inside public right-of-way.

(1)

Location. An applicant may locate one or more utility poles, or replace one or more existing utility poles, upon which small wireless facilities will be mounted.

(2)

Siting requirements. New or replacement of existing utility poles for mounting of small wireless facilities shall meet the following siting criteria:

(a)

The new or replacement utility pole, along with the small wireless facilities to be mounted of such poles, and related equipment, shall be installed and maintained so as not to obstruct nor hinder travel or public safety within the right-of-way or obstruct the legal use of the right-of-way by the Township and utilities.

(b)

The maximum permitted height of a new or replacement utility pole shall be 50 feet above ground level, which shall include the utility pole and the small wireless facility.

(c)

The applicant shall demonstrate that it cannot meet the service reliability and functional objectives for the site by co-locating on an existing utility pole instead of installing a new utility pole or replacing a utility pole. The applicant shall self-certify that the applicant has made this determination in good faith, and shall provide a documented summary of the basis for the determination. The applicant's determination shall be based on whether the applicant can meet the service objectives at the subject location by co-locating on an existing utility pole that meets the following.

[1]

The applicant has the right to co-location.

[2]

The co-location is technically feasible and would not impost substantial additional cost.

[3]

The co-location would not obstruct or hinder travel or have a negative impact on public safety.

[4]

The self-certification shall not be required to include information regarding an applicant's business decisions with respect to its service, customer demand for service, or quality of service.

(3)

Fees. Subject to the fee adjustment requirements of the Small Wireless Facilities Deployment Act, Pennsylvania Act 50 of 2021, the Township may charge an annual fee for the use of Township right-of-way. An annual right-of-way fee shall not exceed $270 per new utility pole and/or replacement utility pole upon which is mounted small wireless facilities unless the Township demonstrate all of the following.

(a)

The annual right-of-way fee is a reasonable approximation of the Township's costs to manage the right-of-way.

(b)

The Township costs under § 375-80WW(3)(a) are reasonable.

(c)

The annual right-of-way fee is nondiscriminatory.

(4)

(a)

Completed application. Within 10 business days of receiving a Zoning Permit application, the Township must determine and notify the applicant in writing whether the application is incomplete. If an application is incomplete, the notice must specifically identify the missing information. The processing deadline shall restart at zero on the date the applicant provides the missing information. The processing deadline may be tolled by agreement of the applicant and the Township.

(b)

Deadlines. A zoning permit application shall be processed on a nondiscriminatory basis and deemed approved if the Township fails to approve or deny the zoning permit application within 90 days of receipt of a complete application. A zoning permit associated with a zoning permit application that has been deemed approved shall be deemed approved if the Township fails to approve issue or deny the zoning permit within seven days of the zoning permit application deemed approval unless there is a public safety reason for the delay.

(c)

Denial. Denial of a zoning permit application shall comply with the following.

[1]

Cause for denial. The Township may deny a zoning permit application only if any of the following apply.

[a]

[b]

The small wireless facility fails to comply with applicable codes.

[c]

The small wireless facility fails to comply with the requirements of the Small Wireless Facilities Deployment Act, Pennsylvania Act 50 of 2021.

[2]

Documentation of denial. Within the time frame established in § 375-88WW(4)(b) the Township shall document the basis for denial, including the specific provisions of applicable codes on which the denial was based. Such documentation shall be sent to the applicant within five business days of the denial.

[3]

(5)

(6)

Removal. New utility poles and replacement utility poles upon which are mounted small wireless facilities are subject to the following removal requirements.

(a)

Within 60 days of suspension or revocation of a zoning permit due to noncompliance with this section and/or the Small Wireless Facilities Deployment Act, Pennsylvania Act 50 of 2021, the applicant shall remove the new utility pole/replacement utility pole, if the applicant's equipment are the only facilities on the pole, along with the small wireless facility and any associated equipment.

(b)

Within 90 days of the end of the zoning permit term, or an extension of the zoning permit term, the applicant shall remove the new utility pole/replacement utility pole, if the applicant's equipment are the only facilities on the pole, along with the small wireless facility and any associated equipment.

XX.

Wireless communications facility, tower-based, outside public right-of-way.

(1)

Location. An applicant may co-locate one or more wireless communications facilities on new poles. Multiple small wireless facilities proposed to be deployed at multiple locations shall be considered to be one application for the purpose of this review and approval process.

(2)

Evaluation of siting opportunities. An applicant seeking approval to erect or enlarge a tower-based wireless communications facility shall demonstrate compliance with the following requirements:

(a)

An applicant shall demonstrate that all structures in excess of 50 feet in height within a one mile radius of the proposed site have been evaluated as a co-location site. Co-location opportunities include, but are not limited to, smokestacks, water towers, agricultural silos, tall buildings, towers operated by other wireless communication companies, and other communications towers (fire, police, etc.). The applicant shall provide a site alternative analysis describing the location of potential co-location sites that were considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs, and the reason why the alternative site was not chosen. Where a potential co-location site is not chosen, supplementary evidence shall include one or more of the following reasons for not proposing to co-locate on the alternative site:

[1]

The proposed antennas and related equipment would exceed the structural capacity of the existing structure, as certified by an engineers certified in the Commonwealth of Pennsylvania, and that appropriate reinforcement cannot be accomplished.

[2]

The proposed antennas and related equipment would cause radio frequency interference with other existing equipment, as certified by an appropriate technical expert, and that the interference cannot be effectively mitigated.

[3]

The existing structure does not possess appropriate location, space, or access to accommodate the proposed antennas and equipment or to allow the antennas and equipment to perform their intended function.

[4]

Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure that exceeds applicable standards established by the Federal Communications Commission governing, human exposure to electromagnetic radiation. Such a determination shall be certified by an appropriate technical expert.

[5]

A commercially reasonable agreement could not be reached with the owners of such structures. Where such an agreement is not reached, the applicant shall indicate why any offers or counteroffers made were deemed to be unreasonable.

(b)

If the applicant claims that no structures in excess of 50 feet exist within the study area, the applicant shall provide evidence detailing how such determination was made. Such written evidence shall be submitted, and deemed to be complete, before approval for the erection of a wireless communications tower may occur.

(c)

An applicant shall demonstrate that the proposed facility is needed at the proposed location. The applicant shall provide an existing coverage analysis demonstrating a "dead spot" at or near the proposed tower location.

(d)

An applicant shall provide a written analysis that identifies potential negative impacts on neighboring residents and properties, and indicates how negative impacts will be effectively mitigated.

(3)

Siting requirements. Where the applicant has demonstrated that no co-location opportunities exist to site wireless communications antenna on an existing structure and that a wireless communications tower is necessary, the following siting criteria must be met:

(a)

The minimum distance between the base of the wireless communications tower, or any anchoring guy wires, and any property line or public road right-of-way shall be a minimum of 30% of the tower height.

(b)

The minimum distance between the base of the tower, or any anchoring guy wires, and residential, place of worship, or school property shall be 200 feet.

(c)

Where such features exist, the applicant shall use one or more of the following or similar natural features to minimize the visibility of the wireless communications tower:

[1]

Groves of trees.

[2]

Sides of hills.

(d)

Wireless communications towers shall not be located on any property listed in the National Register of Historic Places or deemed eligible for listing in the National Register of Historic Places.

(4)

Tower height. An applicant must demonstrate that a proposed wireless communications tower is the minimum height required to function satisfactorily. In no case shall a wireless communications tower exceed 180 feet. The measurement of tower height shall include the tower itself as well as any antennas or other equipment attached thereto.

(5)

Tower safety. An applicant shall demonstrate that the proposed tower will not affect surrounding properties as a result of structural failure, falling ice or other debris, or radio frequency interference.

(6)

All wireless communications towers shall be fitted with anti-climbing devices, as approved by the manufacturers. A detail confirming the design of such features shall be included in the application for approval of the wireless communications tower.

(7)

Tower type. The applicant shall use the monopole, or davit pole, type of wireless communications tower.

(8)

Visual impact analysis. A visual impact analysis shall be prepared in accordance with the following standards:

(a)

A photograph simulation of predevelopment and post-development views of the wireless communications tower, including all potential antennas, from viewpoints along public roads within two miles of the wireless communications tower site shall be provided.

(b)

The photograph simulation shall provide an analysis of the visual impact of a range of wireless communications tower heights.

(c)

The photograph simulation shall provide an analysis of the visual impact of the facility base, accessory buildings, any overhead utility lines serving the site, and any other physical features associated with the site.

(9)

Landscaping. The applicant shall demonstrate compliance with the following landscaping requirements:

(a)

The base of the wireless communications tower, any supporting cables or guy wires, maintenance buildings, and parking areas, shall be enclosed by a protective fence. The protective fence shall be a minimum of six feet in height.

(b)

An evergreen screen shall be planted around the external perimeter of the protective fence. Evergreen trees shall be a minimum of six feet at planting and shall reach a minimum height of 15 feet at maturity. Any trees which die within a year of planting shall be replaced by the applicant. Where the tower site is either fully or partially located within a grove of existing trees, the evergreen screen requirement may be waived along any portion of the protective fence that is blocked from view from beyond the property line hosting the facility by said grove of trees.

(10)

Color. Where a specific color pattern is not required by the Federal Aviation Administration (FAA), wireless communications tower colors shall be a light grey or galvanized metal color. Towers shall be finished or treated in a manner that prevents the formation of rust.

(11)

Site access. Access to a wireless communications tower facility shall be provided by an access driveway located within an easement of at least 20 feet in width. The access driveway shall be a minimum of 10 feet in width, and shall be constructed with a dust-free, all-weather surface for its entire length.

(12)

Land development plan approvals. An applicant shall obtain land development approval from the Hamiltonban Township Board of Supervisors in accordance with applicable provisions of Chapter 320, Subdivision and Land Development, prior to zoning permit approval.

(13)

A list of the contents of the equipment building or box, with specific attention to any potentially unsafe or toxic substances, including batteries, to be located in the facility, shall be provided. Documentation demonstrating how any spills of unsafe or toxic material will be contained within the equipment building or box shall also be provided.

(14)

Information regarding the intended power supply and auxiliary power supply for the facility shall be provided.

(15)

(a)

Small wireless facility: 90 days from date of application. This time frame includes multiple deployments on new poles outside public right-of-way and in any other location as regulated by this chapter.

(b)

Facility other than a small wireless facility: 150 days from date of application.

YY.

Vehicle service with fuel sales.

(1)

The use shall be located on a lot abutting an arterial street.

(2)

Fuel pumps shall be at least 25 feet from any existing and required future road right-of-way or 50 feet from the road center line, whichever is greater.

(3)

All services not normally associated with vehicular refueling shall be performed within a completely enclosed building.

(4)

(5)

ZZ.

Use of the same general character.

(1)

The proposed use shall be of the same general character in terms of size, scale, intensity, and type of use as those uses specifically authorized in the underlying zoning district.

(2)

The applicant shall present testimony that evaluates the degree to which the proposed use is of the same general character of the underlying zoning district versus other zoning districts applied in the Township. In rendering its decision, the Zoning Hearing Board shall conclude that the proposed use achieves an equal or higher degree of character consistency in terms of general character in the underlying district versus other zoning districts applied in the Township.

(3)

The proposed use shall not cause traffic impacts that exceed the potential traffic impacts that may be caused by the development of uses specifically authorized in the underlying zoning district.

(4)

The proposed use shall not produce heat, glare, noise, noxious odors, or any other nuisance that exceed the potential impacts of uses specifically authorized in the underlying zoning district.

(5)

The proposed use shall comply with all dimensional, performance, and related requirements of this chapter ordinarily applied to specifically authorized uses of the underlying zoning district.

AAA.

Residential housing community.

(1)

The following standards, requirements, and provisions shall be the only standards, requirements, and provisions that apply to residential housing communities and shall supersede all other requirements, standards, and provisions of the Zoning Ordinance.

(2)

Minimum dimensional regulations shall be as follows:

(a)

For purposes of this land use only, "net developable area" shall be defined as follows: All land excluding such portions that, prior to development:

[1]

Are within the right-of-way of previously dedicated streets or roads.

[2]

Contain slopes greater than 20% (excluding man-made slopes).

[3]

Are identified as wetlands and/or waters of the commonwealth by the U.S. Army Corps of Engineers or the Pennsylvania Department of Environmental Protection, as applicable.

[4]

Are encumbered by areas identified in the Township Flood Insurance Rate Maps as included within the 1%-annual-chance floodplain.

[5]

Are encumbered by easements or deed restrictions that prohibit the development of the land.

(b)

Minimum lot width.

[1]

Single-family detached dwellings: 45 feet.

[2]

Single-family semidetached dwellings: 35 feet.

(c)

Minimum lot area.

[1]

Single-family detached dwellings: 5,500 square feet.

[2]

Single-family semidetached dwellings: 4,000 square feet per dwelling unit.

(d)

Maximum development coverage: 70% of net development area.

(e)

Maximum density: five units per developable acre.

(f)

Maximum building height: 45 feet.

(g)

Minimum setback for residential buildings.

[1]

Minimum front setback: 25 feet.

[2]

Minimum side setback: five feet.

[3]

Minimum rear setback for properties with no access alley at the rear of the property: 20 feet.

[4]

Minimum rear setback for properties with access alley at the rear of the property: 10 feet.

(h)

Minimum setback for nonresidential buildings.

[1]

Minimum front setback: 50 feet.

[2]

Minimum side setback: 20 feet.

[3]

Minimum rear setback: 25 feet.

(3)

Other requirements.

(a)

All utilities serving a proposed residential housing community shall be public or PADEP approved community systems and all utility lines shall be underground.

(b)

A minimum of 25% of the development area shall be set aside for either:

[1]

Open space, stormwater management systems (limited to traditional grass-lined detention facilities and/or bioretention facilities); or

[2]

Passive and/or active recreation use (including community buildings, related parking and other facilities) by the residents of the residential housing community; or

[3]

A combination thereof.

(c)

A fifty-foot-wide external, circumferential buffer area shall be provided from all perimeter property lines and existing road right-of-way lines. No buildings or parking facilities shall be permitted in this buffer area. A calculation showing the total buffer area shall be provided. Twenty-five percent of this buffer area may be included in the "open space" required by § 375-80AAA(3)(b) above.

(d)

Streets or portions thereof that are proposed to be constructed within a residential housing community shall be privately owned and maintained. Additionally, the streets shall be constructed to Township standards in accordance with § 320-30 of the Hamiltonban Township Subdivision and Land Development Ordinance.[3]

[3]

Editor's Note: See Ch. 320, Subdivision and Land Development.

(e)

All residential, nonresidential, and commercial buildings constructed within a residential housing community shall be accessed from the internal street system. That is, no individual building or parking lot access shall be permitted directly from an existing state or Township road.

(f)

Nonresidential and residential areas of the residential housing community shall be linked through sidewalks or other pedestrian trails. Direct pedestrian access shall be provided to the principal entrance of each principal building. Sidewalks constructed along the streets in a residential housing community shall be constructed in accordance with § 320-38 of the Hamiltonban Township Subdivision and Land Development Ordinance.

(g)

A lighting plan, also known as a photometric plan, shall be required with the submission of the land development plans for a residential housing community. Such plan shall demonstrate adequate lighting levels on site and no offensive light encroachment off site. The standards set forth in § 375-41F apply.

(h)

Hiker/biker trails shall be provided to enhance physical fitness and encourage exercise. Such trails shall be a minimum width of six feet and shall have activity stations, benches, and other amenities.

(i)

Parking requirements.

[1]

For residential uses, 2.5 parking spaces (may include garage and off-street driveway spaces) for each dwelling unit shall be provided.

[2]

The total number of parking spaces that are required to serve the nonresidential uses of a residential housing community shall be a total of one parking space for each six dwelling units of such development, unless:

[a]

A reduced number is deemed sufficient by the Board of Supervisors in connection with approving a land development for the development; and

[b]

If required by the Board of Supervisors, land of sufficient area to construct the number of spaces by which the required parking was reduced is set aside for such parking spaces in the event that the initially reduced number of spaces is deemed by the Board of Supervisors to be insufficient to satisfy parking needs.

[3]

Parking spaces for nonresidential uses shall be subject to the following additional standards:

[a]

Each such parking space shall be conveniently located to the nonresidential use that it is intended to serve.

[b]

If the residential housing community is to be constructed in phases, the total number of parking spaces required to serve all nonresidential uses of the overall development also may be constructed in phases, provided that:

[i]

A sufficient number of parking spaces is installed with each phase to serve the nonresidential uses of such phase and any prior phase(s); and

[ii]

Upon completion of the final phase of such development, the total number of parking spaces for nonresidential uses required under this section is satisfied (as reduced by the Board of Supervisors, if applicable).

(j)

The following uses shall be permitted as part of a residential housing community and shall be subject to the dimensional standards set forth in § 375-80AAA(2) above:

[1]

Single-family detached dwellings.

[2]

Single-family semidetached dwellings.

[3]

Recreational and cultural facilities for the sole use of the residents of the residential housing community and their guests, including but not limited to clubhouses, community centers, lounges, bars, ballrooms, libraries, places of worship, swimming pools, tennis courts, shuffleboard courts, bocce courts, pickle ball, fitness centers, walking paths, golf putting greens and driving areas.

[4]

Personal care, assisted living, and/or nursing (skilled) care facilities that provide for a continuum or care for those residents of the community who wish to stay in the community in declining health. For the purposes of density calculation, every eight beds in a personal care, assisted living, or skilled care facility shall equal one equivalent dwelling unit.

[5]

Accessory buildings and uses that are located within the residential housing community and are customarily incidental to any of the above permitted uses.

[6]

Public utilities, water facilities, and public sewer facilities. Such utilities and facilities may serve areas outside of the residential housing community.

(k)

Corner lot front yards. Notwithstanding, a corner lot in a residential housing community shall be deemed to have only one front yard. If a driveway that serves the corner lot is located in a yard that could be deemed a front yard, then the yard with the driveway shall be deemed the front yard and any other yard that could have been a front yard shall be deemed a side yard.

BBB.

Outdoor shooting range.

(1)

An Outdoor Shooting Range may be operated as either a principal use or an accessory use. When operated as an accessory use, the Outdoor Shooting Range must have a logical relationship to the principal use of the property, as demonstrated by the applicant. Examples of principal uses to which an Outdoor Shooting Range may be considered to be accessory include, but are not necessarily limited to, hunting clubs, retail uses featuring sales of firearms and related merchandise, and governmental uses.

(2)

An Outdoor Shooting Range may be operated as either a commercial or as a non-profit operation. An Outdoor Shooting Range may be used by the general public, or may be limited to private use by members or guests of the entity establishing the Outdoor Shooting Range.

(3)

Minimum lot area: 25 acres.

(4)

Setbacks. An Outdoor Shooting Range shall be subject to minimum setbacks along all adjoining street rights-of-way and property lines. No improvements associated with an Outdoor Shooting Range may be located within the setback. This limitation shall include parking and loading areas, utility facilities, and the range itself along with any associated buildings and structures. A single access drive and stormwater management facilities shall not be subject to the setback. The setback shall be the following size.

(a)

200 feet where the property adjoins property improved with a residence, school, or place of worship, or property located within a zoning district that permits residential use.

(b)

100 feet where the property adjoins property improved with any use other than a residence, school, or place or worship, or property located within a zoning district that does not permit residential use.

(5)

Earthen berm. An Outdoor Shooting Range shall be provided with an earthen berm, where applicable, in accordance with the following standards.

(a)

Applicability. An earthen berm shall be provided for all Outdoor Shooting Ranges developed as a rifle or pistol range. An earthen berm shall not be required for Outdoor Shooting Ranges involving sporting clays or archery.

(b)

Location. Where required, the earthen berm shall be located within 20 feet of the furthest target.

(c)

Design. The earthen berm shall be designed in accordance with the following.

[1]

All berms shall have a slope of not less than one vertical foot to one horizontal foot.

[2]

The crest of all berms shall be a minimum of four feet in depth as measured between the wall of the berm facing the range and the opposite wall.

[3]

The backstop or impact berm must extend a minimum of 20 feet vertically above the ground level and have a minimum vertical height separation of 15 feet above the highest target and the top of the backstop berm.

[4]

Earthen side berms must be provided immediately adjacent to the range and shall extend from immediately behind the firing line to the backstop berm. The side berms shall extend a minimum of 12 feet vertically above ground level.

[5]

The elevation of the firing line and the base of all berms shall be the same.

(6)

Range design. The overall design of the Outdoor Shooting Range shall be consistent with the Range Development Manual of the National Rifle Association (NRA) or comparable design reference. The applicant shall identify the range development manual or design guide relied upon when designing the Outdoor Shooting Range.

(7)

The Outdoor Shooting Range shall be free of gravel and other hard surface materials.

(8)

The shotfall zone shall be designed in accordance with the following standards.

(a)

The shotfall zone shall minimize safety risks to persons and property in residential, place or worship, and school use or properties zoned for residential, place or worship, and school use.

(b)

Shooting directions associated with the shotfall zone shall not be into or over any water bodies or wetlands.

(c)

The shotfall zone shall provide for the maximum containment of bullets or other projectiles on site, and shall include backstops, earthen berms, or other means to contain bullets and other projectiles within the site and to minimize ricocheting.

(d)

A operations plan shall be provided for the shotfall zone to provide for lead reclamation for the site. The plan shall include, but not be limited to, hand raking and sifting, screening, vacuuming and soil washing, as well as landscaping (to include grass, mulch or compost and removal of scrub vegetation).

(9)

Hours of operation for Outdoor Shooting Ranges shall be limited to daylight hours, Monday through Saturday, with no Sunday operations.

(10)

Warning signs shall be posted a minimum of 10 feet from the outside of the berm, and shall be of sufficient size to be read outside the shotfall zone.

CCC.

RV hosting.

(1)

The operator of the RV Hosting site shall reside on the property.

(2)

The RV Hosting site shall be located on a property with a minimum lot area of five acres.

(3)

The RV Hosting site shall be located at least 50 feet from any side and rear property line, and at least 100 feet from any front property line.

(4)

The RV Hosting site shall be limited to one recreational vehicle.

(5)

The RV Hosting site shall be provided with an improved pad for the recreational vehicle. The pad shall either be paved or be surfaced with crushed stone.

(6)

Access to the RV Hosting site shall be provided by an existing driveway or by a new entrance permitted by Hamiltonban Township or by the Pennsylvania Department of Transportation, as appropriate. Access to the RV Hosting site shall be designed to allow for adequate maneuvering/turning space on the property to eliminate the need for any backing up/reverse maneuvering within any road right-of-way or within any private lane right-of-way subject to § 320-30S of the Hamiltonban Township Subdivision and Land Development Ordinance.

(7)

Where an RV Hosting site is proposed on a property accessed by a private lane, the applicant shall improve the private lane in accordance with § 320-30S of the Hamiltonban Township Subdivision and Land Development Ordinance if such improvements are necessary to accommodate either the additional use of property or the size of the vehicles accessing the RV Hosting site.

(8)

The RV Hosting site shall be provided with access to on-lot septic and water facilities. The applicant shall provide confirmation from the Hamiltonban Township Sewage Enforcement Officer that the existing septic system has adequate capacity for the RV Hosting use.

(9)

If electric service is provided to the RV Hosting site, such electric connection shall be installed and inspected in accordance with applicable provisions of the Pennsylvania Uniform Construction Code, or similar applicable code.

(10)

No ground fires shall be permitted. The RV Hosting site shall be provided with an improved fire pit or comparable facility should the provision of camp fire facilities be proposed.

(11)

The RV Hosting site shall be the only form of short-term rental on the property. The RV Hosting site shall not be permitted if any other form of short-term rental is already permitted for the property.

(12)

Off-street parking shall be provided in accordance with § 375-81LLL. All parking shall be hidden from view, through the use of landscaping or similar design features, from any public road right-of-way.

(13)

The operator of the RV Hosting site must demonstrate that the RV Hosting site is registered with the Adams County Treasurer's office in compliance with County Ordinance No. 3 of 2012 for the payment of hotel room rental tax, as may be reenacted or amended.

DDD.

Tent hosting.

(1)

The operator of the Tent Hosting site shall reside on the property.

(2)

The Tent Hosting site shall be located on a property with a minimum lot area of five acres.

(3)

The Tent Hosting site shall be located at least 50 feet from any side or rear property line, and at least 100 feet from any front property line.

(4)

The Tent Hosting site shall be provided with a designated, fixed, and marked location for the tent. The tent site need not be improved with a tent pad or similar surfaced area.

(5)

Access to the Tent Hosting site shall be provided by an existing driveway or by a new entrance permitted by Hamiltonban Township or by the Pennsylvania Department of Transportation, as appropriate. Access to the Tent Hosting site shall be designed to allow for adequate maneuvering/turning space on the property to eliminate the need for any backing up/reverse maneuvering within any public road right-of-way.

(6)

The Tent Hosting site shall be provided with access to on-lot septic and water facilities. The applicant shall provide confirmation from the Hamiltonban Township Sewage Enforcement Officer that the existing septic system has adequate capacity for the Tent Hosting use.

(7)

No ground fires shall be permitted. The Tent Hosting site shall be provided with an improved fire pit or comparable facility should the provision of camp fire facilities be proposed.

(8)

The Tent Hosting site shall be the only form of short-term rental on the property. The Tent Hosting site shall not be permitted if any other form of short-term rental is already permitted for the property.

(9)

Off-street parking shall be provided in accordance with § 375-81MMM. All parking shall be hidden from view, through the use of landscaping or similar design features, from any public road right-of-way.

(10)

The operator of the Tent Hosting site must demonstrate that the Tent Hosting site is registered with the Adams County Treasurer's office in compliance with County Ordinance No. 3 of 2012 for the payment of hotel room rental tax, as may be reenacted or amended.

EEE.

Recreational cabins.

(1)

Recreational Cabins may be permitted on a vacant property with no other established principal use.

(2)

The property shall be limited to one Recreational Cabin.

(3)

The Recreational Cabin shall be subject to the same setback and related dimensional standards applicable to single-family detached dwellings within the underlying zoning district.

(4)

The Recreational Cabin shall be provided with an on-lot septic system in accordance with applicable requirements of the Pennsylvania Department of Environmental Protection, the Hamiltonban Township Sewage Enforcement Officer, and the Hamiltonban Township Sewage Management Program Ordinance.

(5)

The applicant shall apply for and receive a "UCC Recreational Cabin Affidavit" from the Township's Building Code Official as a condition of approval of the Zoning Permit.

(6)

No Recreational Cabin shall be permitted to be used or offered as a short-term rental in accordance with applicable sections of this chapter.

(7)

The applicant shall record, at the Office of the Adams County Recorder of Deeds, and at the cost of the applicant, a memorandum, tied to the property and deed or record, indicating that the building is limited in use to that of Recreational Cabin and that use of the building as a dwelling, a short-term rental, or any other use is precluded.

(8)

Access to the Recreational Cabin shall be provided by an existing driveway or by a new entrance permitted by Hamiltonban Township or by the Pennsylvania Department of Transportation, as appropriate. Access to the Recreational Cabin shall be designed to allow for adequate maneuvering/turning space on the property to eliminate the need for any backing up/reverse maneuvering within any road right-of-way or within any private lane right-of-way subject to the Hamiltonban Township Subdivision and Land Development Ordinance.

FFF.

Cemetery.

(1)

General. All cemeteries shall be subject to the following standards.

(a)

No interment space shall be located within 100 feet of a stream or within the Floodplain Overlay (FO) District of this Ordinance, whichever is larger.

(b)

No interment space shall be located within 150 feet of a stream designated as a Exceptional Value (EV) or High Quality (HQ) waterway by the Pennsylvania Department of Environmental Protection, or within the Floodplain Overlay (FO) District of this chapter, whichever is larger.

(c)

No interment space shall be located within a wetland.

(d)

No interment space shall be located within a steep slope area as regulated by § 375-78 of this chapter.

(e)

Wellhead protection area. No interment space shall be located within any wellhead protection area established by the Pennsylvania Department of Environmental Protection for public or community water supply wells.

(f)

All interment spaces shall be subject to the setback requirements of the underlying zoning district.

(g)

Separation distances. All interment spaces shall be located a minimum of 100 feet from any private well, and 100 feet from any dwelling, or occupied structure on adjacent property.

(h)

All interments shall be within a vault.

(i)

All cemeteries shall comply with applicable federal, state, and local regulations regarding the operation and function of cemeteries.

(2)

Standards for public cemeteries. Public Cemeteries shall be subject to the following standards, in addition to the general standards of § 375-80FFF(1).

(a)

Minimum lot size: 20 acres.

(b)

Access. An access plan shall be provided that achieves, at a minimum, the following.

[1]

The access plan shall provide a minimum of two points of access from public roads.

[2]

Access drives within the Public Cemetery shall be sufficiently wide to allow for vehicle parking along the drives during interment ceremonies while, at the same time, allowing for other traffic to pass.

[3]

Under no circumstances shall a Public Cemetery access plan allow for vehicle parking on or along public roads. All parking for regular visitors, caretakers, and interment ceremonies shall be accommodated on site and shall be a sufficient distance from the access points onto the adjacent roadways to allow for unimpeded access into the cemetery.

[4]

The required number of parking spaces for the Public Cemetery can be met utilizing parallel parking along the access drives provided these areas are depicted within the Land Development Plan. Caretaker parking spaces shall be provided as conventional parking spaces at appropriate locations within the site.

(c)

A Land Development Plan in accordance with applicable standards of the Hamiltonban Township Subdivision and Land Development Ordinance shall be required.

(d)

A cemetery ownership and maintenance plan shall be prepared and submitted to the Township. The ownership and maintenance plan shall demonstrate the perpetual ownership arrangement for the Public Cemetery, shall confirm ongoing and perpetual maintenance of the site, and confirm that adequate financial resources are retained in a local financial institution to perform the ownership and maintenance responsibilities for the site.

(3)

Standards for private cemeteries. Private Cemeteries shall be subject to the following standards in addition to the general standards of § 375-80FFF(1).

(a)

Minimum lot size: 10 acres.

(b)

Interments shall be limited to the immediately family members of the property owner.

(c)

Access. Access to the Private Cemetery shall be provided by existing driveways. In no case will a Private Cemetery be permitted that relies upon a new driveway from a public road, private road, or private lane to provide access to the Private Cemetery site.

(d)

Maintenance of the Private Cemetery shall be the sole and perpetual responsibility of the property owner. The Township will not be involved in maintenance of the site at any time.

(e)

No Private Cemetery may be provided with any form of site illumination.

(f)

No signs, with the exception of one sign at the Private Cemetery location to identify the presence of the Private Cemetery, may be erected in association with a Private Cemetery. The one permitted sign at the Private Cemetery site shall not be illuminated, and shall be a maximum of four square feet in size.

(g)

A fence meeting the requirements of § 375-69 shall be erected around the perimeter of the Private Cemetery. In lieu of a fence, other means of identifying the perimeter of the Private Cemetery may be employed. Such alternative means may include, but are not necessarily limited to stone or brick walls and stone or brick corner posts,

Hamiltonban Township
City Zoning Code

ARTICLE XVIII

§ 375-79 Statement of legislative intent.

§ 375-80 Requirements for specific uses.

Hamiltonban TownshipCity Zoning Code

ARTICLE XVIII

§ 375-79 Statement of legislative intent.

§ 375-80 Requirements for specific uses.

Hamiltonban Township
City Zoning Code