1. General Grant of Power. The Zoning Hearing Board existent at the time of enactment of this Chapter shall continue extant. It shall continue to perform all the duties and have all the powers prescribed by the Pennsylvania Municipalities Planning Code, 53 P.S. §10101 et seq., and as herein provided.
2. The membership of the Board shall, upon the determination of the Board of Supervisors, consist of three members of the Township appointed by resolution of the Board of Supervisors. The terms of office of the Board shall be 3 years and shall be so fixed that the term of office of one member shall expire each year. The Board of Supervisors shall appoint two additional members to the Board with terms scheduled to expire in accordance with the provisions of §903 of the Municipalities Planning Code (MPC), 53 P.S. §10903. The Board shall promptly notify the Board of Supervisors of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other elected or appointed office in the Township nor shall any member be an employee of the Township. [Ord. 2010-1]
3. Alternate Members. The Board of Supervisors may appoint by resolution at least one but no more than three residents of the Township to serve as alternate members of the Board. The term of office of an alternate member shall be 3 years. When seated pursuant to the provisions of §906 of the Municipalities Planning Code, 53 P.S. §10906, an alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth in this Part and as otherwise provided by law. Alternates shall hold no other elected or appointed office in the Township, including service as a member of the Planning Commission or as a Zoning Officer, nor shall any alternate be an employee of the Township. Any alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member of the Board nor be compensated pursuant to §907 of the MPC, 53 P.S. §10907, unless designated as a voting alternate member pursuant to §906. Designation of an alternate pursuant to this Section shall be made on a case by case basis in rotation according to declining seniority among all alternates. [Ord. 2010-1]
4. Organization of Board. The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the Board but the Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the Board as provided in §27-1102. The Board may make, alter and rescind rules and forms for its procedures, consistent with ordinances of Heidelberg Township and laws of the Commonwealth. The Board shall keep full public records of its business and shall submit a written report of its activities to the Township Supervisors once a year.
5. Removal of Members. Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or other just cause by a majority vote of the Township Supervisors, taken after the member has received 15 days advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing.
6. Expenditures for Services. Within the limits of funds appropriated by the Township Supervisors, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Board may receive compensation for the performance of their duties, as may be fixed by the Township Supervisors, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the Township Supervisors.

(Ord. 4-81, 12/28/1981, §1110; as amended by Ord. 2010-1, 4/8/2010)

The Board shall conduct hearings and make decisions in accordance with the following requirements:

1. Public notice shall be given and written notice shall be given to the applicant, the Zoning Officer, such other persons as the Board of Supervisors shall designate by ordinance and to any property owner within 300 feet of the property line and to any person who has made timely request for the same. Written notice shall be given at such time and in such manner as shall be prescribed by ordinance or, in the absence of ordinance provision, by rules of the Board. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least 1 week prior to the hearing.
2. The Board of Supervisors may prescribe reasonable fees with respect to hearings before the Zoning Hearing Board. Fees for said hearings may include compensation for the secretary and members of the Zoning Hearing Board, notice, and advertising costs and administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the Zoning Hearing Board, expenses for engineering, architectural or other technical consultants or expert witness costs.
3. The first hearing before the Board or hearing officer shall be commenced within 60 days from the date of receipt of the applicant’s application, unless the applicant has agreed in writing to an extension of time. Each subsequent hearing before the Board or hearing officer shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. An applicant shall complete the presentation of his case-in-chief with 100 days of the first hearing. Upon the request of the applicant, the Board or hearing officer shall assure that the applicant receives at least 7 hours of hearings within the 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application with 100 days of the first hearing held after the presentation of the applicant’s case-in-chief. Any applicant may, upon request, be granted additional hearings to complete his case-in-chief provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and Township, be granted additional hearings to complete their opposition to the application provided the applicant is granted an equal number of additional hearings for rebuttal.
4. The hearings shall be conducted by the Board or the Board may appoint any member or an independent attorney as a hearing officer. The decision, or, where no decision is called for, the findings shall be made by the Board; however, the appellant or the applicant, as he case may be, in addition to the Township, may, prior to the decision of the hearing, waive decision or findings by the Board and accept the decision or findings of the hearing officer as final.
5. The parties to the hearing shall be Township, any person affected by the application who has made timely appearance of record before the Board, any other person including civic or community organizations permitted to appear by the Board. The Board shall have the power to require that all persons who wish to be considered parties to enter appearances in writing on forms provided by the Board for that purpose.
6. The chairman or acting chairman of the Board or the hearing officer presiding shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.
7. The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.
8. Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
9. The Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the board if the transcript is ordered by the Board or hearing officer or shall be paid by the person appealing from the decision of the Board if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases the party requesting the original transcript shall bear the cost thereof.
10. The Board or the hearing officer shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate, shall not take notice of any communication, reports, staff memoranda, or other materials, except advice from their solicitor, unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.
11. The Board or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Board or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefore. Conclusions based on any provisions of this Part or of any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. If the hearing is conducted by a hearing officer and there has been no stipulation that his decision or findings are final, the Board shall make his report and recommendations available to the parties within 45 days and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, and the Board’s decision shall be entered no later than 30 days after the report of the hearing officer. Except for challenges filed under §916.1 of the MPC, 53 P.S. §10916.1, where the Board fails to render the decision within the period required by this subsection or fails to commence, conduct or complete the required hearing as provided in §908(1.2) of the MPC, 53 P.S. §10908(1.2), the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as herein above provided, the Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in MPC §908(9), 53 P.S. §10908(9). If the Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
12. A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him not later than the day following its date. To all other persons who have filed their name and address with the Board not later than the last day of the hearing, the Board shall provide by mail or otherwise, brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.

(Ord. 4-81, 12/28/1981, §1120; as amended by Ord. 2010-1, 4/8/2010)

1. The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
   1. Substantive challenges to the validity of any land use ordinance, except those brought before the Board of Supervisors pursuant to §§609.1 and 916.1(a)(2) of the MPC, 53 P.S. §§10609.1 and 10916.1(a)(2).
   2. Challenges to the validity of a land use ordinance raising procedural questions or alleged defects in the process of enactment or adoption, which challenges shall be raised by an appeal taken within 30 days after the effective date of said ordinance. Where the ordinance appealed from is the initial zoning ordinance of the Township and a zoning hearing board has not been previously established, the appeal raising procedural questions shall be taken directly to court.
   3. Appeals from the determination of the Zoning Officer including, but not limited to, the granting or denial of any permit, or failure to act on the application therefor, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure or lot.
   4. Appeals from a determination by a Township Engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance.
   5. Applications for variances from the terms of this Chapter and flood hazard ordinance or such provisions within a land use ordinance, pursuant to §910.2 of the MPC, 53 P.S. §10910.2.
   6. Applications for special exceptions under this Chapter or floodplain or flood hazard ordinance or such provisions within a land use ordinance, pursuant to §912.1 of the MPC, 53 P.S. §10912.1.
   7. Appeals from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of this Chapter.
   8. Appeals from the Zoning Officer’s determination under §916.2 of the MPC, 53 P.S. §10916.2.
   9. Appeals from the determination of the Zoning Officer or Township Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving Article V or VII applications of the MPC, 53 P.S. §§10501 et seq., 10701 et seq.
2. The Board of Supervisors or, except as to subsections .1.C, .1.D and .1.E, the planning agency, if designated, shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
   1. All applications for approvals of planned residential developments under Article VII pursuant to the provisions of §702 of the MPC, 53 P.S. §10702.
   2. All applications pursuant to §508 for approval of subdivisions or land developments under Article V of the MPC, 53 P.S. §10508. Any provision in a subdivision and land development ordinance requiring that final action concerning subdivision and land development applications be taken by a planning agency rather than the Board of Supervisors shall vest exclusive jurisdiction in the planning agency in lieu of the Board of Supervisors for purposes of the provisions of this paragraph.
   3. Applications for conditional use under the express provisions of this Chapter pursuant to §603(c)(2) of the MPC, 53 P.S. §10603(c)(2).
   4. Applications for curative amendment to a zoning ordinance pursuant to §§609.1 and 916.1(a)(2) of the MPC, 53 P.S. §§10609.1, 10916.1(a)(2).
   5. All petitions for amendments to land use ordinances, pursuant to the procedures set forth in §609 of the MPC, 53 P.S. §10609. Any action on such petitions shall be deemed legislative acts, provided that nothing contained in this clause shall be deemed to enlarge or diminish existing law with reference to appeals to court.
   6. Appeals from the determination of the Zoning Officer or the Township Engineer in the administration of any land use ordinance or provisions thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to application for land development under Articles V and VII of the MPC, 53 P.S. §§10501 et seq., 10701 et seq. Where such determination relates only to development not involving an Article V or VII application, the appeal from such determination of the Zoning Officer or the Township Engineer shall be to the Zoning Hearing Board pursuant to subsection .1.I. Where the applicable land use ordinance vests jurisdiction for final administration of subdivision and land development applications in the planning agency, all appeals from determinations under this paragraph shall be to the planning agency and all appeals from the decision of the planning agency shall be to court.
   7. Applications for a special encroachment permit pursuant to §405 and applications for a permit pursuant to §406 of the MPC, 53 P.S. §§10405, 10406.

(Ord. 4-81, 12/28/1981; as added by Ord. 2010-1, 4/8/2010)

Appeals under §27-1103 and proceedings to challenge the ordinance under §27-1104 may be filed with the Board in writing by the landowner affected, any officer or agency of the municipality, or any person aggrieved. Requests for a variance under §27-1106 and for special exception under §27-1105 may be filed with the Board by any landowner or any tenant with the permission of such landowner.

(Ord. 4-81, 12/28/1981, §1150)

1. Grant of Power. The Board shall hear and decide requests for special exceptions pursuant to the standards and criteria set forth in this Section. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this Chapter, as it may deem necessary to implement the purposes of this Chapter.
2. Procedure.
   1. Application for a permit authorizing a special exception use shall be made directly to the Zoning Officer in the form required by the Board.
   2. The Board’s decision to grant a permit for a special exception use shall be made only after public and other notification, and hearing pursuant to the requirements of §27-1102. Said permit shall apply specifically to the application and plans submitted and presented at said public hearing. Any subsequent amendments or additions by the applicant shall be subject to review and public hearing by the Zoning Hearing Board as a special exception use.
   3. A special exception use for which a permit is granted by the Zoning Hearing Board pursuant to the provisions of this Section shall be construed to be a conforming use.
3. Standards and Criteria Applicable to All Special Exceptions.
   1. Such use shall be one which is specifically authorized as a special exception use in the district within which such particular site is located.
   2. For every special exception use, the Board may require a protective planting strip not less than 10 feet nor more than 30 feet in width, situated within any required side or rear yard, designed and laid out with suitable evergreen plant material which will be planted at a minimum height of 4 feet, and will attain and shall be maintained at a height of not less than 8 feet, so as to provide an effective natural screen between nonresidential and residential districts or uses. A planting plan specifying type, size, and location of existing and proposed plant material may be required.
   3. For every special exception use where the installation of outdoor flood or spot lighting is intended, the Board shall determine that such lighting will not shine directly upon any abutting property, nor upon the street. No unshielded lights shall be permitted.
4. Requirements of Specific Standards. It is the intent of this Part to provide special controls and regulations for particular uses that may be permitted by right, by special exception, or by conditional use within the various zoning districts established in this Chapter. In addition to the general standards for special exceptions as contained in subsection .3, where applicable, the following sets forth standards that shall be applied to each individual use. These standards must be satisfied prior to approval of any application for a special exception or conditional use and/or issuance of a zoning permit. The applicant shall be required to demonstrate compliance with these standards and must furnish whatever evidence is necessary to demonstrate such compliance. All uses must comply with the standards expressed within the underlying zone, unless those standards expressed for the selected use specify different standards; in such cases, the specific use standards shall apply: [Ord. 2010-1]
   
   
   1. Adult Business.
      1. An adult-related facility shall not be permitted to be located within 1,000 feet of any other adult-related facility.
      2. No adult-related facility shall be located within 1,000 feet of any residentially zoned land.
      3. No adult-related facility shall be located within 1,000 feet of any parcel of land that contains any one or more of the following specified land uses:
         1. Amusement park.
         2. Camp (for minors’ activity).
         3. Child care facility.
         4. Church or other similar religious facility.
         5. Community center.
         6. Museum.
         7. Park.
         8. Playground.
         9. School.
         10. Other lands where minors congregate.
      4. The distance between any two adult-related facilities shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of each establishment. The distance between any adult-related facilities and any land use specified in subparagraph D.1.c. above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of the adult related facility to the closest point on the property line of said land use.
      5. No materials, merchandise or film offered for sale, rent, lease, loan or for view upon the premises shall be exhibited or displayed outside of a building or structure.
      6. Any building or structure used and occupied as an adult-related facility shall be windowless or have an opaque covering over all windows or doors of any area in which materials, merchandise or film are exhibited or displayed and no sale materials, merchandise or film shall be visible from outside of the building or structure.
      7. No sign shall be erected upon the premises depicting or giving a visual representation of the type of materials, merchandise or film offered therein.
      8. Each entrance to the premises shall be posted with a notice specifying that persons under the age of 18 years are not permitted to enter therein and warning all other persons that they may be offended upon entry.
      9. No adult-related facility may change to another adult-related facility, except upon approval of an additional special exception.
      10. The use shall not create an enticement for minors because of its proximity to nearby uses where minors may congregate.
      11. No unlawful sexual activity or conduct shall be permitted.
      12. No more than one adult-related facility may be located within one building or shopping center.
      [Ord. 2010-1]
      
   2. Automobile Sales.
      
      1. Lighting shall not exceed 50% power or intensity between the hours of 10:00pm and 5:00am unless just cause can be provided that doing so would jeopardize the safety of the users. In lieu of meeting this requirement, the facility may install motion sensor lighting.
         
      2. A commercial Parking lot or structure shall be screened with a fifty-foot (50 ft) landscape buffer along the public road right-of-way and along all required side and rear property lines.
         
      3. Dumpsters shall be positioned and screened so as to not be visible from any right-of-way nor within any area between the front facade of the building and the front lot line.
         
      4. The subject tract shall front on and gain access from either a major or minor collector street as identified in the Comprehensive Plan.
         
      5. All service and/or repair activities shall be conducted within a totally enclosed building.
         
      6. All uses involving drive-through service shall provide sufficient onsite stacking lanes to prevent vehicle back-ups on adjoining roads.
         
      7. No outdoor storage of parts, equipment, lubricants, fuel or other materials used or discarded, as part of the service operation shall be permitted. Materials discarded as part of the service operation shall be contained within wholly enclosed dumpster equipment.
         
      8. All exterior vehicle storage areas shall be screened from adjoining residential and residentially zoned property.
         
      9. The storage of unlicensed vehicles on the property is prohibited.
      10. All ventilation equipment associated with fuel storage tanks shall be at least 300 feet and oriented away from any adjoining residential property or residentially-zoned property.
      11. All vehicles shall be repaired and removed from the premises as promptly as possible. Any vehicle not receiving repair work within the preceding 7 days shall be removed.
      12. The demolition or storage of junked vehicles is prohibited.
      13. All lights shall be directed toward the business and downward on the lot.
   3. Billboard.
      
      1. See §27-1003.J.
         
   4. Bulk Storage of Gasoline, Fuel Oil, Other Inflammable or Explosive Liquids (2000gal. max).
      
      1. Provide a detailed description of the storage, handling, use of Regulated Substances and description of the containment structures for hazardous material storage.
         
      2. A detailed description of disposal procedures for Regulated Substances and wastes and name, address, and telephone number of any waste haulers used.
         
      3. Site map location of where hazardous materials are stored, handled and used.
      4. Storage areas shall be located at least 200 feet from any property line.
         
      5. Storage areas shall be completely screened from view from any public right-of-way or adjoining properties. Screening shall meet the requirements for "screening" as defined in this code and shall be at least 6' in height except no more than 4' tall where it would block a line of sight for motor vehicles.
         
      6. Access to the facility shall only be from a collector or arterial street.
         
   5. Car washing.
      
      1. Public sewer and public water facilities shall be utilized, and gray water recycling is encouraged.
         
      2. For automatic and self-service car washes, each washing bay shall provide a minimum one hundred (100) foot long on-site stacking lane, which precedes
         
      3. For full-service car washes, a post-washing drying area shall be provided for no less than size (6) vehicles per washing lane.
         
      4. All structures housing washing apparatuses shall be of masonry construction and set back one hundred (100) feet from any street right-of-way, fifty
         
      5. Trash receptacles shall be provided and routinely emptied to prevent the
         
      6. The subject property shall front on an arterial or collector road; and,
         
      7. The applicant shall demonstrate adequate provision for the collection and
         
   6. Casino/Betting Parlor.
      
      1. In addition to the requirements of this Ordinance, the use shall comply with the provisions of the Commonwealth of Pennsylvania.
         
      2. Applicant shall provide a plan and report to demonstrate parking demand for the Casino and Gambling facility. In addition to those spaces dedicated to the casino and gambling uses, accessory uses to the facility, including restaurants, auditoriums, retail spaces, personal service establishments, and any other similar areas open to the public shall be parked at a rate of 50% of the minimum parking requirements for each use as established by §27-1002.1.B.
         
      3. Bus area parking and circulation shall not conflict with automobile circulation and spaces.
         
      4. Bus parking areas shall be provided with a Class 1 or Class 2 landscape screen pursuant to the requirements of §27-1105.
         
      5. An Access Plan shall be submitted for Township review and evaluation to ensure minimized impacts of conflicts between the vehicular routes and alignments of the facility and surrounding uses.
         
      6. A Traffic Impact Study shall be completed to identify and evaluate potential patronage's vehicular patterns and demands. The study shall comply with the requirements of the Subdivision and Land Development Ordinance.
         
   7. Commercial School-Vocational.
      
      1. The required side yard and rear yard setbacks for a school shall be doubled for any portion of the school that is used for public assembly, whether indoor or outdoor. A school shall be considered as being used for public assembly if it possesses bleachers, permanent seating for viewing events or a cafeteria.
         
      2. There shall be no outside storage materials, equipment or machinery used in the training activities.
         
      3. Vehicular access to a school building shall be via either an arterial or collector street. Vehicular access to a school building via a local street shall be prohibited, except and only to the extent necessary to provide access for individuals with disabilities or secondary emergency access.
         
      4. A Traffic Study shall be submitted with the application. The traffic study shall address and mitigate any adverse impact occasioned by:
         
         1. Proposed changes in parking and traffic circulation on the site and into and out of the site;
            
         2. Proposed trip generation, parking and traffic circulation compared with those features of the school when it was operational; and
         3. Comparative impact on the adjacent streets and surrounding development or the proposed use and the former school use.
            
      5. Any exterior lighting proposed for a building or parking area in a Zoning district shall be of low intensity and shall be shielded so that the source of the lighting is not visible. The maximum intensity measured on the ground or surface of the parking area shall be two (2) footcandles. Food lighting or similar lighting shall not be permitted.
         
   8. Community Intervention Center, Type 1.
      
      1. The applicant shall prove to the satisfaction of the Board that the use will involve adequate on-site supervision and security measures to protect public safety.
         
      2. The applicant shall provide with the application for special exception evidence that all licensing, inspections and certifications required by appropriate local, County, Commonwealth or Federal agencies have been obtained or applied for. No zoning permit allowing operation shall be issued until such time that applicable inspections have been made and all licenses and verifications have been issued by the governing agency.
         
      3. The Board my place conditions upon the use to protect public safety, such as on the types of residents and security measures.
         
      4. Hours of operation shall be limited to 6 a.m. to 8 p.m.
         
   9. Contractor, equipment storage in opaque enclosure.
      
      1. Access to the facility shall only be from a collector or arterial street.
         
      2. No retail sales of any kind shall be permitted.
         
      3. Any outdoor storage areas shall be enclosed by a solid wall or fence and screened from view of adjoining properties. Screening shall be at least 6' in height except no more than 4' tall where it would block a line of sight for motor vehicles. No materials may be stored so as to create a public health hazard or a public nuisance.
         
      4. No toxic or hazardous materials may be stored on any property, except in compliance with applicable State and Federal regulations.
         
      5. Outdoor activities other than the departure or arrival of vehicles for off-site services shall be limited to 6 a.m. to 7 p.m.
         
   10. Crematory.
       
       1. No crematorium shall be located within 1,000 feet of a residential dwelling.
          
       2. The potential for noise, fumes and dust shall be evaluated by the Borough/Township and a finding shall be made that no surrounding properties will be adversely affected by noise or fumes associated with the use.
          
       3. The applicant shall demonstrate continued compliance with all applicable State and Federal standards and regulations.
          
       4. The minimum lot size shall be one (1) acre.
          
       5. All regulations of the Commonwealth of Pennsylvania shall apply.
          
   11. Cultural/Community Center.
       
       1. No accommodation for overnight facilities of patrons shall be provided on the lot.
          
       2. Exterior recreation space shall be located on the lot in an effort to minimize physical conflict between said use and surrounding land uses.
          
   12. DAS. Non-Tower Commercial Communications Facilities.
       
       1. General Requirements for All Non-Tower Commercial Communications Facilities (CCF) and Base Stations.
          
          1. Standard of Care. Any non-Tower CCF that is considered a collocation, modification, or replacement shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any non-Tower CCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township. The Township shall be notified of the use or storage of external power sources, such as batteries or fuel tanks.
             
          2. Wind and Load.
             
             1. Any non-Tower CCF that is considered a collocation, modification, or replacements shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TTA 222-G Code, as amended).
                
             2. The wireless support structure to which the non-Tower CCF is attached shall be able to withstand the additional structural load of the collocation, modification, or replacement.
                
             3. A copy of the structural analysis, signed and sealed by a registered engineer in the State of Pennsylvania, shall be submitted to the Township and reviewed as a portion of the permitting process for colocations, modifications, or replacements.
          3. Public Safety Communications. No non-Tower CCF shall interfere with public safety communications or the reception of broadband, television, radio, or other communication services enjoyed by occupants of nearby properties.
             
          4. Aviation Safety Communications. Non-Tower CCF's shall comply with all federal and state laws and regulations concerning aviation safety.
          5. Radio Frequency Emissions. No non-Tower CCF may, by itself or in conjunction with other CCS's, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled, "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields", as amended.
             
          6. Historic Building. Non-Tower CCF's may not be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places or the official historic structures and/or historic districts lists maintained by the Township or has been designated by the Township as being of historic significance.
             
       2. Non-Tower CCF Development Regulations: No Substantial Change. If the Eligible Facilities Request for a Non-Tower Commerical Communication Facility or base station is a colocation, modification, or a replacement that does not substantially change the existing wireless support structure, the requirements contained herein, will be applicable.
          1. Permitted in all Zoning Districts:
             
             1. Building Permit Required. Collocations, Modifications, or Replacements of Non-Tower CCF's or transmission equipment on existing wireless support structures or base stations are subject to the initial zoning or land use approvals for the previously approved wireless support structure or non-Tower CCF, and subject only to the building permit review and approval process of the Township.
                
             2. No Building Permit Required. Replacement of Non-Tower CCF's or transmission equipment on existing, Township - approved, wireless support structures or base stations, without an increase in wind or structural load, may be performed by the applicant without obtaining a building permit.
          2. Removal. In the event that use of a Non-Tower CCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. If it remains unused for a period of twelve (12) consecutive months, the Township will provide notice to the owner/operator to remove the tower.
             
             1. Unused or abandoned Non-Tower CCFs or portions of Non-Tower CCFs shall be removed as follows:
                
             2. All abandoned or unused non-tower CCFs and accessory facilities shall be removed within three (3) months of the cessation of operations at the site; or from the time the municipality provides notice, unless a time extension is approved by the Township.
                
             3. If the Non-Tower CCF or accessory facility is not removed within three (3) months of the cessation of operations at a site, or within any longer period approved by the Township, the Non-Tower CCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the Non-Tower CCF.
          3. Timing of Decision. Within thirty (30) calendar days of the date that an application for a collocation, modification, or replacement of a Non-Tower CCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. If additional information is requested by the Township to complete an application, the time period for review may be tolled by mutual agreement. Within sixty (60) calendar days of receipt of the application, accounting for tolling, the Township must make a final decision regarding the application and shall advise the applicant in writing of such decision.
             
             1. A determination of incompleteness must specifically delineate all missing information, and specifying the code provision, ordinance, application instructions or otherwise publicly stated procedures that require the information to be submitted
                
             2. Following an applicant's resubmission in response to a determination of incompleteness, the Township may reach a subsequent determination of incompleteness based solely on the applicant's failure to supply the specific information that was requested within the first 30 days.
                
             3. The 60-day review period begins running again when the applicant makes its supplemental resubmission; however, the review period may be tolled, once again, if the Township notifies the applicant within ten (10) days that the supplemental submission did not provide the specific information identified in the original notice delineating missing information.
       3. Non-tower CCF Development Regulations - Substantial Change: If the Eligible Facilities Request for a Non-Tower Commercial Communication Facility or base station is a colocation, modification, or a replacement that substantially changes the existing wireless support structure, then the requirements, contained herein, will be applicable.
          
          1. Permitted in all Zoning Districts. Non-Tower CCF's are permitted in all zoning districts subject to the initial zoning or land use approvals or the previously approved wireless support structure or Non-Tower CCF. These CCFs are subject the building permit review and approval process of the Township.
             
          2. Maintenance. The following maintenance requirements shall apply:
             
             1. The Non-Tower CCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
                
             2. Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.
                
             3. All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
                
          3. Retention of Experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the Non-Tower CCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this Section. The applicant and/or owner of the Non-Tower CCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.
             
          4. Timing of Decision. Within thirty (30) calendar days of the date that an application for a Non-Tower CCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Within ninety (90) calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's ninety (90) day review period.
             
          5. Removal. In the event that use of a Non-Tower CCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned Non-Tower CCFs or portions of Non-Tower CCFs shall be removed as follows:
             
             1. All abandoned or unused Non-Tower CCFs and accessory facilities shall be removed within three (3) months of the cessation of operations at the site unless a time extension is approved by the Township.
             2. If the Non-Tower CCF or accessory facility is not removed within three (3) months of the cessation of operations at a site, or within any longer period approved by the Township, the Non-Tower CCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the CCF.
             3. Prior to the issuance of a zoning permit, the owner/operator of the Non-Tower CCF shall post security, in a form acceptable to the Township, favoring the municipality, to assure the faithful performance of the terms and conditions of this section. Security shall be an amount to cover tower and/or antenna removal and site clean-up. The security shall be utilized by the Township in the event the owner or operator of the Non-Tower CCF does not remove the facility as outlined in subsections (a) and (b) above or to recover any and all compensatory damages incurred by the Township for violations of this Section, after reasonable notice and opportunity to cure.
          6. Indemnification. Each person that owns or operates a Non-Tower CCF shall, at its sole cost and expense, indemnify, defend, and hold harmless the Township, its elected and appointed officials, employees, engineer, solicitor, planner, agents, and other relevant professional consultants, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the Person, its officers, agents, employees, or contractors arising out of but not limited to the construction, installation, operations, maintenance, or removal of a. Non-Tower CCF. The obligation to indemnify, hold harmless, and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorney’s fees, reasonable expert fees, court costs, and all other costs of indemnification.
       4. Non-Tower CCFs Outside the Rights-of-Way.- If the Eligible Facilities Request for a Non-Tower Commercial Communication Facility or base station is a collocation, modification, or a replacement that substantially changes the existing wireless support structure AND is located outside the Right of Way, then the requirements contained herein, will be applicable.
          
          1. Development Regulations. Non-Tower CCFs shall be co-located on existing wireless support structures / base stations, subject to the following conditions:
             
             1. Such Non-Tower CCF does not exceed the maximum permitted height of the existing wireless support structure.
             2. If the Non-Tower CCF applicant proposes to locate the communications equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.
             3. An eight (8) foot high security fence shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use
          2. Design Regulations.
             
             1. Non-Tower. CCFs shall be treated to match the supporting structure in order to minimize aesthetic impact.
             2. Non-Tower CCFs, which are mounted to a building or similar structure, may not exceed a height of fifteen (15) feet above the ground.
             3. All Non-Tower based CCF applicants must submit documentation to the Township justifying the total height of the Non-Tower structure Such documentation shall be analyzed in the context of such justification on an individual basis. Antennae, and their respective accompanying support structures, shall be no greater in diameter than any cross-sectional dimension than is reasonably necessary for their proper functioning.
             4. Inspection. The Township reserves the right to inspect any Non-Tower CCF to ensure compliance with the provisions of this Section and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a Non-Tower CCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
       5. Non-Tower CCFs in the Rights-of-Way. - If the Eligible Facilities Request for a Non-Tower Commercial Communication Facility or base station is a collocation, modification, or a replacement that substantially changes the existing wireless support structure AND is located in the Right of Way, then the requirements contained herein, will be applicable.
          
          1. Co-location. Non-Tower CCFs in the Right of Way shall be located on existing poles/base stations, such as existing utility poles or light poles or other wireless support structures.
             
          2. Design Requirements
             
             1. Non-Tower CCF installations located above the surface grade in the public Right of Way including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six (6) feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.
             2. Antennae and all support equipment shall be treated to match the supporting structure. Non-Tower CCFs and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
                
          3. Equipment Location. Non-Tower CCF's and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the Right of Way as determined by the Township. In addition:
             
             1. In no case shall ground-mounted equipment, walls, or landscaping be located within eighteen (18) inches of the face of the curb;
                
             2. Ground-mounted equipment shall be located underground. In the event an applicant can demonstrate, to the satisfaction of the Township Engineer, that ground-mounted equipment cannot be placed underground, then all such equipment shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.
                
             3. Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.
                
             4. Any graffiti on the non-tower CCF or on any accessory equipment shall be removed at the sole expense of the owner within ten (10) business days of notice of the existence of the graffiti.
                
             5. Any underground vaults related to Non-Tower CCF's shall be reviewed and approved by the Township.
                
          4. Time, Place, and Manner. The Township shall determine the time, place, and manner of construction, maintenance, repair and/or removal of all Non-Tower CCF's in the Right of Way based on public safety, traffic management, physical burden on the Right of Way, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and requirements of the Public Utility Code.
             
          5. Relocation or Removal of Facilities. Within sixty (60) days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an Emergency, an owner of a Non-Tower CCF in the Right of Way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any Non-Tower CCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
             
             1. The construction, repair, maintenance, or installation of any Township or other public improvement in the Right of Way;
                
             2. The operations of the Township or other governmental entity in the Right of Way;
                
             3. Vacation of a street or road or the release of a utility easement; or
                
             4. An Emergency as determined by the Township.
                
          6. Compensation for Right of Way Use. In addition to permit fees, every Non-Tower CCF in the Right of Way is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the Right of Way. Such compensation for Right of Way use shall be directly related to the Township's actual Right of Way management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other Right of Way management activities by the Township. The owner of each Non-Tower CCF shall pay an annual fee to the Township to compensate the Township for its costs incurred in connection with the activities described above. The Annual Right of Way management fee for Non-Tower CCF's shall be determined by the Township and authorized by resolution of Township Board and shall be based on the Township's actual Right of Way management costs as applied to such Non-Tower CCF.
             
   13. Distillery
       
       1. Structures and outdoor use areas shall comply with the setbacks of the zoning district.
          
       2. Access/Street Addressing.
          
          1. Ingress and egress shall be clearly marked and visible, and turning movements into the premises shall not create congestion or unnecessary slowing at access points.
             
          2. Existing driveways shall be utilized to the maximum extent feasible in order to minimize grading, site disturbance, and the loss of agricultural land.
             
       3. Parking.
          
          1. The number size, location, and design of required parking spaces shall comply with the standards of this Chapter.
             
          2. The visibility of parking areas from public roads shall be minimized through the use of a landscape buffer meeting the requirements of the applicable buffer yard in this code.
             
          3. The required number of parking spaces shall be permanently maintained on the premises.
             
          4. Parking shall not be allowed within an adjoining road right-of-way, unless on-street parking is otherwise permitted.
             
          5. Chip seal, or gravel parking surfaces are permitted for 50% of the required parking areas, however they shall be marked by the use of wheel stop barriers made of concrete, timber, recycled plastic or other durable material, that are securely installed and fastened to the parking surface. These standards shall not apply to overflow parking provided in open field areas. Appropriate placement for parking shall be determined in context of factors including but not limited to, topography, existing and/or proposed landscaping/buffer yards, site access, building(s) location, and/or site lighting.
             
       4. Process Waste Disposal.
          
          1. A waste management plan shall be submitted for review and approval.
             
          2. Liquid waste (process wastewater) from the operation shall be handled separately from domestic liquid waste and shall be in compliance with applicable discharge requirements.
             
       5. Accessory uses.
          
          1. Tasting Rooms. Tasting rooms shall be clearly incidental, accessory, and subordinate to the primary operation as a production facility and are subject to the following requirements:
             
             1. The location of the tasting room shall take into consideration site constraints, onsite access, visual concerns, grading and other environmental issues.
                
             2. The primary focus of the tasting room shall be the marketing and sale of the beverages produced on the winery premises. Sales of souvenirs and clothing bearing the logo of the winery, as well as wine related items and other products that reflect or enhance the character or theme of the winery may also be offered for sale in the tasting room.
                
          2. Operation of a brewery or brewery pub as may be permitted by the Pennsylvania Liquor Control Board including the accessory storage and retail sale, of malt, brewed or similar beverages, and commonly associated items.
          3. The retail sale of cheeses, fruits, meats, chocolates, specialty agricultural food products, and other culinary items typically paired with the beverage, but which do not involve the use of an onsite commercial kitchen to prepare, is permitted.
             
          4. Special events, including, but not limited to, weddings, workshops, corporate events, concerts, and organizational picnics, are permitted, consistent with the following:
             
             1. Indoor special events are permitted provided they are held in a building which shall contain no more than 2,500 square feet dedicated to public use, including areas used for retail sales. The maximum allowed attendance will be in accordance with the maximum occupancy requirements for the building in which the event is conducted.
                
             2. Outdoor special events, including those held under tents or other temporary structures, are only permitted on a site containing not less than five acres.
                
             3. Adequate parking, in terms of size, locations and surface material shall be provided.
                
             4. L:ighting may be used for special events for the duration of the event only and may not shine or produce glare on adjacent properties or streets.
                
             5. Alcoholic beverages produced on site, nonalcoholic beverages, and catered food may be served at the special event.
                
             6. Overflow parking areas may be on grass surface areas of the lot. Driveways from permanent parking areas to overflow parking areas shall have a gravel tire cleaning area having a minimum length of 50 feet. The grass surface area which is to be used for overflow parking shall be kept in suitable grass cover and shall not be allowed to degrade to an erodible or condition. If the surface of any portion of the overflow parking area is disturbed, the areas shall be reseeded or planted with sod to ensure the area remains grass surface. Such planting shall occur within one week after the special event has ended. Overflow parking areas shall enclosed by a temporary barrier fence to prevent the flow of traffic across property lines, all such fences shall be removed within one week of a special event ending. Overflow parking areas shall be set back at least 25 feet from side and rear property lines.
                
             7. Adequate and appropriate sewage disposal shall be provided for special events.
                
             8. All waste, trash and rubbish, tents and temporary structures, and any other displays or exhibits that resulted from the special event shall be removed from the property within 48 hours after the special event has ended.
                
       6. Application Requirements. The application for a facility shall include, but shall not be limited to:
          
          1. The range of activities occurring onsite directly related to beverage production (e.g., fermentation, barrel aging, bottling, bottle storage, shipping and receiving) accompanied by a site plan that provides a description of where the different processes will occur on the site.
          2. Production capacity, existing, and proposed.
             
          3. The type of cooperage used in fermentation.
             
          4. The area (existing and proposed) of structures, parking, roads, and driveways, uncovered processing areas, and planted areas.
             
          5. A description of measures proposed to minimize the off-site effects of dust, odor, or noise generated by the proposed operation.
             
          6. Information regarding proposed public tours and tasting, retail sales including food service, and picnic areas available to the public.
             
          7. Information regarding any planning permitted accessory use as listed in this Section.
             
          8. To preserve the character of establish surrounding development and landscapes, new structures associated with the operation including production facilities and exterior changes to existing structures shall be subject to review and approval in accordance with the following standards:
             
             1. Exterior: The design, scale, and character of the operation shall be compatible with existing development in the vicinity. Structures associated with the operation including production facilities shall have an exterior that is agricultural or residential in nature using earth tones and non-reflective paints, siding, and roofing materials. Structures shall not use an exterior design style typically associated with large industrial facilities.
                
             2. Screening: The visibility of operations from public roads shall be minimized through the use of landscaping and other screening devices to ensure that the character of the area is retained. Tanks not located within a structure shall be completely screen from public roads.
                
             3. Height: The height of a structure associated with the facility shall be limited to the height of that zoning district.
                
             4. Lighting: Exterior lighting fixtures shall be of a low intensity, low glare design and shall be shielded with full cutoff design and directed downward to prevent spill over onto adjacent lots under separate ownership. Exterior lighting shall not be installed or operated in a manner that would project light, either reflected or directly, in an upward direction.
                
   14. Driving Range.
       
       1. The location and orientation of golf activities on the lot shall be designed to minimize conflicts and liability of such activity on surrounding uses.
          
       2. The number of off-street parking and loading spaces shall be provided as defined by this chapter.
          
       3. The ground surface of off-street parking and loading spaces shall be paved with bituminous brick, concrete or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.
       4. A driving range's hours of operation and activities must be appropriately scheduled to protect the surrounding neighborhood from detrimental noise, disturbance or interruption.
          
       5. The owner(s) and operator(s) of a driving range shall be responsible for the conduct and safety of the members, visitors or guests and shall be available to respond to inquiries and promptly quell any disturbances caused by the members, visitors and guests.
          
       6. No storage or transfer of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gasses or solids is permitted.
          
       7. Light fixtures for the night illumination of putting greens, driving range areas and parking areas shall be designed to minimize illumination levels to zero footcandles when measured from an adjacent lot line.
          
       8. The owner(s) and operator(s) of a driving range shall incorporate best management practices as outline in the Pennsylvania Handbook of Best Management Practices for Developing Areas to minimize negative impacts of erosion, siltation and surface water and groundwater contamination.
          
   15. Garden Center
       
       1. All vehicles and equipment associated with the business shall be parked in an enclosed building, or to the rear of the building, or screened from view by a fence or hedge row during off business hours.
          
       2. Pick-up and receiving (loading and unloading) areas shall contain an all-weather, dust free surface.
          
       3. Pick-up and receiving areas shall be located behind the front face of the building and otherwise compliant with the setbacks and screening of the underlying zoning district.
          
       4. Fenced-in areas shall contain a non-chain-link variety fence complying with the requirements of this ordinance.
          
       5. Outdoor storage of product and material is specifically permitted as a part of a non-retail or retail landscaping & garden center, however these areas shall be screened with a Class 1 or Class 2 landscape buffer from public roads and adjacent residential uses.
          
   16. Golf Course/Country Club
       
       1. A minimum of two points of vehicular access shall service the facility.
          
       2. No dwelling units shall be constructed as part the facility.
          
       3. All best management practices and environmental performance standards as recommended by the "Golf Course Water Resources Handbook Golf Course Water Resources Handbook of Best Management Practices" (2009 or as updated) shall be incorporated into site design and development.
       4. Outdoor storage of material and equipment is specifically permitted as a part of this facility, however, these areas shall be screened from public roads and adjacent residential areas by a Class1 or Class 2 Landscape Screen, pursuant to §27-1105.
          
       5. A traffic Impact Study shall be completed to identify and evaluate potential patronage's vehicular patterns and demands. The study shall comply with the requirements of Chapter 22, Subdivision and Land Development.
          
       6. An Access Plan shall be submitted for Township review and evaluation to ensure minimized impacts of conflicts between the vehicular routes and alignments of the facility and surrounding uses.
          
       7. At grade road crossings of golf carts is prohibited.
          
       8. Putting greens and other outdoor activity areas shall meet the yard area requirement of the zoning district.
          
       9. Accessory uses and structures such as pro shops are permitted.
          
   17. Group Care Facilities and Small Group Care Facilities.
       1. The applicant shall demonstrate that the site is convenient to those support facilities that are essential to the functioning of the specific facility. These support facilities may include, but are not limited to transportation, medical care, educational facilities, recreation facilities, social services, and training facilities.
       2. The facility shall have obtained any and all licenses and permits required by the Federal, State, County, or local government which may be relevant to the particular type of facility.
       3. A minimum floor area of 900 square feet shall be provided for all small group care facilities.
       4. For group care facilities, a minimum floor area of 900 square feet plus 110 square feet for every resident in excess of six shall be provided.
       5. Small group care facilities shall not have more than six residents.
       6. The group care facilities shall have 24-hour per day supervision of the residents by people qualified by training and experience in the field for which the group care facility is intended.
       7. One off-street parking space per employee for the maximum number of employees on any one shift shall be provided if the resident group members are not allowed to operate motor vehicles. If the resident group members are allowed to operate motor vehicles, one off-street parking space shall be provided for each resident.
       8. The facility shall not provide medical, counseling, or other service to persons who do not reside at the facility.
       9. The lot on which the group care facility is sited shall be separated from lots on which other group care facilities are located by a minimum distance of 800 feet in any direction.
       10. The facility shall comply with the following requirements, by providing said information to the Zoning Officer, on or before February 1 of each year, on an annual basis.
           1. The name, addresses, and telephone numbers of the primary and alternate supervisors of the group home facility.
           2. The addresses of the operator of the group home for the acceptance of correspondence and service of documents which address shall be within the Commonwealth of Pennsylvania, or, in the event of a sponsor not maintaining an office within the Commonwealth of Pennsylvania, then the sponsor shall designate an agent for acceptance of correspondence and service of documents within the Commonwealth of Pennsylvania.
           3. A current copy of any license held by the operator of the group home authorizing the operation of the group home facility.
           4. The above information shall be accompanied by an annual fee, payable to the Township as shall be set by the Township Board of Supervisors by resolution. [Ord. 2010-1]
           5. The applicant shall also submit such additional information as shall be required by the annual application to be filed with the Zoning Officer to accompany the above information. [Ord. 2-98]
              
   18. Heliport
       
       1. Each application for a heliport shall include the following:
          
          1. A copy of the Federal Aviation Administration Form 7480-1, "Notice of Landing Area Proposal."
             
          2. A copy of a letter of "No Objections" from the Federal Aviation Administration.
             
          3. A copy of the State of Pennsylvania Application for Approval of Landing Area site and the letter of site approval from the Bureau of Aviation.
             
   19. Hospital.
       1. Outside storage of gasses must be made in areas made inaccessible by and secure by the construction of fences.
       2. The location of hospital access points shall be properly suited to the safe operation of emergency vehicles.
       3. Access to hospitals shall be available at a minimum of two locations.
       4. Suitable areas shall be provided for trash storage, which are so designed as not to be visible from a public street. The trash storage areas must allow for safe, easy removal of the trash.
   20. Kennel.
       
       Subject to the requirements of the underlying zone in which located except as herein modified and provided: 
       1. Lot Area. Five acres minimum.
       2. Setbacks. All buildings, dog runs, fenced enclosures and similar structures shall be located at least 100 feet from all property or street lines.
       3. All boarding areas shall be completely within an enclosed building.
       4. All outdoor running areas shall be fenced in a manner that restricts access and provides for a full enclosure.
       5. The applicant shall furnish credible evidence that any and all other State and/or Federal approvals have been obtained or that none are required prior to the application for any permit authorizing the erection or use of any structure or land for a kennel.
       6. The applicant shall furnish credible evidence of an effective and recognized acceptable manner for the disposal of animal waste and carcasses.
       7. The owner/operator shall be responsible to exercise reasonable control over the animals and shall not allow a nuisance condition to be created in terms of excessive noise, dirt or odor. [Ord. 2010-1]
          
   21. Extraction of Mineral Resources. (Mineral Extraction)
       1. A site plan shall be submitted to the Board by the applicant indicating existing grades and proposed grades after completion of the extraction process. No grade shall be greater than 50 percent at completion.
       2. A site plan shall show method of extraction, list all machinery to be used and location points of ingress and egress for vehicles to and from the site.
       3. Where materials are removed from the site it shall be planned in such manner that it will not cause any debris or material to be deposited beyond the site boundaries.
       4. A written agreement shall be included with the site plan from the applicant stating that all machinery and devices used for extraction purposes will be removed from the site upon completion of the process.
       5. The site and its intended uses shall also make provisions for the following: all road access points to the site shall be controlled by means of a gate with a sign warning of hazardous conditions, if such exist; the activity shall not cause earth movements or erosion to extend beyond the exterior boundary lines of the site; structures, buildings, equipment, and mining or quarrying operations shall not be located closer than 100 feet from any zoning district boundary, property line, street, road, or highway, except for office or storage building which should not be located closer than 50 feet from same; pursuant to subsection 3.B., planting strips or screens shall be provided and installed and maintained at the expense of the owner; smoke, gases, and other odorous matter, noise, vibration, light, heat, dust, or dirt shall not be emitted in quantities as to be unreasonably offensive beyond the exterior property lines of the site. [Ord. 2-98]
       6. The site plan and supporting materials shall provide sufficient evidence that, upon depletion of the mineral resources or discontinuance of the use of the site for extraction of mineral resources, said site shall be restored in such a manner that the condition of the site shall not be injurious to the future health and safety of Township residents and that the site could be adequately utilized as a nature area, recreation site, or possibly for other more intensive land uses. Restoration measures to be employed shall include, but not limited to, proper grading and backfilling; assurance of proper surface and subsurface drainage, provisions for sodding and topsoil; planting of trees, shrubs, and grasses. A written agreement (in a form approved by the Township Solicitor) shall be included with the site plan assuring the Township that the appropriate restoration measures will be taken and that all buildings, structures, apparatus and appurtenances accessory to the extractive operation shall be removed. A bond or guarantee in an amount necessary to complete restoration measures shall be required.
          
   22. Mobile Home Parks. See Also Ord. 2002-3.
       
   23. Normal Agricultural Operations, Concentrated Animal Feeding Operation. Unless otherwise regulated by provisions of the Pennsylvania Right to Farm Act and/or other applicable Commonwealth of Pennsylvania laws, as amended, commercial stockyards or feedlots are permitted by special exception, subject to the following:
       
       1. Minimum Lot Area- Ten (10) acres.
          
       2. Any building associated with the operation shall be setback 200 feet from any property line.
          
       3. All uses shall have sufficient off-street loading (or stacking) space so as to prevent the back-up of vehicles on adjoining roads.
          
       4. Access drives shall comply with the following:
          
          1. All access drives shall be designed and located so as to permit the following minimum sight distances measured from a point at least ten (10) feet behind the curb line or edge of cartway of an intersecting public street. No sight obstructions shall be permitted which are greater than three (3) feet or less than ten (10) feet above the street surface.
             
          2. All access drives serving the site shall have a paved minimum twenty (20) foot wide cartway for a distance of a least fifty (50) feet from the intersecting street right-of-way line. In addition, a fifty (50) foot-long gravel section of access drive should be placed just beyond the preceding fifty (50) foot paved section to help collect any mud that may have attached to a vehicle's wheels.
             
          3. In general, access drives shall intersect public streets at ninety degrees (90°) as site conditions permit, however, in no case shall access drives intersect public streets at less than seventy degrees (70°). Said angle shall be measured from the centerline of the street to the centerline of the access drive.
             
       5. An overall Circulation Plan as prepared by a professional engineer designating proposed traffic routes within the Township associated with the land use.
          
   24. Plant Nursery.
       
       1. All exterior storage areas (exclusive of nursery and garden stock) shall be screened from adjoining residentially zoned properties.
          
       2. The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining residentially owned properties due to hours of operation, noise, light, litter, dust, and pollution.
          
       3. Fuel storage tanks will be set back at least two hundred and fifty (250) feet from any residentially zoned property.
          
   25. Public Utility Facility.
       
       1. Any environmental impacts that are likely to be generated (e.g., order, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, storm water, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish expert evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances, including but not limited to those of Section 302 of this ordinance.
          
   26. Riding Club.
       
       1. The minimum lot size shall be five (5) acres.
          
       2. No structure shall be located closer than two hundred (200) feet from any property line.
          
       3. The Zoning Hearing Board shall determine that the proposed location will not create noise traffic, or other nuisance to adjacent properties.
          
       4. There shall be no business conducted between 10:00 p.m. and 6:00 a.m. and there shall be no illuminated signs during such hours.
   27. School, Pre-kindergarten, Primary, and/or Secondary.
       
       1. No building or structure shall be located within 100 feet of a property line or street.
       2. The development shall be connected to the municipal sewage system or shall provide a disposal facility approved by the Pennsylvania Department of Environmental Protection.
          
       3. A safe potable water supply shall be provided. When public water service is not available, the source and system shall be approved by the Pennsylvania Department of Environmental Protection.
          
       4. "Play areas" shall not be located in the front yard.
          
       5. "Drop off" and "pick up" areas shall be provided and arranged so that passengers do not have to cross traffic lanes on or adjacent to the school site.
          
       6. A land development plan for the entire development shall be submitted for review. This plan shall show the location of all buildings and use areas, lawn areas, parking and any screen planting. General plans for stormwater collection, water distribution and sewage treatment shall also be provided.
          
   28. Self-Storage (indoor storage).
       
       1. Outside storage areas shall only be in the rear yard and entirely enclosed with a fence, not less than eight feet high, with screening.
          
       2. Outdoor storage of automobile parts and junk shall be prohibited.
          
       3. Because of the danger from fire or explosion caused by the accumulation of vapors from gasoline, diesel fuel, paint, paint remover, and other flammable materials, the repair, construction, or reconstruction of any boat, engine, motor vehicle, or furniture is prohibited.
          
       4. No door openings for any mini-storage unit shall be constructed facing any residentially zoned property.
          
       5. Mini storage shall be used solely for the dead storage of property. The following lists examples of uses expressly prohibited upon the site:
          
          1. Auctions, commercial wholesale or retail sales, or garage sales.
             
          2. The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment.
             
          3. The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment.
             
          4. The establishment of a transfer and storage business; any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations. The applicant shall adequately demonstrate that all mini-storage rental and/or use contracts shall specifically prohibit these uses.
             
   29. Social Club.
       
       It shall be demonstrated to the Board that the membership club:
       1. Will serve a purely social, athletic or community service purpose.
       2. Will operate on a nondiscriminatory membership basis.
       3. Will not be conducted as a business.
       4. Will not cause or create a nuisance to adjoining properties or to its general neighborhood in the conduct of its activities.
   30. Shooting Range, Indoor.
       
       1. The building and method of operation shall conform to any applicable Commonwealth of Pennsylvania, Environmental Protection Agency, and OSHA standards for indoor ventilation, emission into the atmosphere, and lead management.
          
       2. The design and construction of the shooting range shall completely confine all ammunition rounds within the building and in a controlled manner.
          
       3. The design and construction of the shooting range shall be certified by a registered architect or engineer in the State of Pennsylvania.
          
          1. The certified plans shall include the specification and construction of the bullet trap(s), ceilings, exterior and interior walls and floors.
             
          2. The certified plans shall state what type and caliber of ammunition the shooting range is designed to totally confine.
             
          3. A security plan for the building shall submitted which secures the shooting range against unauthorized entrants.
             
       4. No ammunition shall be used in the shooting range that exceeds the certified design and construction specifications of the shooting range.
          
       5. For shooting ranges that are other than used for private recreational purpose, firearms shall not be stored on the premises when the shooting range is closed for business, unless they are stored in an acceptable gun safe or other secure locking device.
          
       6. On-site supervision shall be supplied at all times by an adult who is an experienced shooting range operator. The shooting range operator shall be responsible for the conduct of his or her place of business and the conditions of safety and order in the place of business and on the premises.
          
       7. Each shooting range shall have a clear and concise safety plan. The plan must be reviewed annually and distributed to all shooting range users to study and use.
       8. Minors shall not be allowed in the shooting range unless accompanied by an adult at all times. This provision shall not be interpreted to prohibit minors from participating in a firearm safety class which is supervised by an adult instructor.
          
       9. In multitenant buildings, the shooting range shall be soundproofed to prevent the sound from being heard by persons in adjoining units.
          
       10. The applicant shall have the burden to demonstrate that the shooting range is designed to promote the safety of all persons on the premises or on abutting property when the shooting range is being used. The applicant may meet its burden by showing compliance with applicable Nation Rifle Association or other generally recognized guidelines for shooting range design and safety or by submitting evidence from persons with experience and expertise in shooting range design and safety.
           
   31. Stockyard, Slaughterhouse, or Meat-packing plant.
       
       1. Minimum Lot Area - Five (5) acres;
          
       2. The subject site shall have access to a major collector or arterial road;
          
       3. Public sewer and public water facilities shall be utilized;
          
       4. All aspects of the slaughtering, processing, rendering, and packaging operation, excepting the unloading and holding of live animals, shall be conducted within a completely-enclosed building;
          
       5. All live animals held outside shall be within secure holding pens or runways, sufficiently large to accommodate all animals without crowding, and not located within the front yard;
          
       6. The applicant shall furnish a working plan for the recovery of escaped animals which minimizes the potential for animals to enter traffic or cross property lines, and which shall be continuously implemented;
          
       7. All animal wastes shall be regularly cleaned up and properly disposed of, so as not to be objectionable at the site's property line;
          
       8. The unloading of live animals from trucks into holding pens and their movement into the plant shall be continuously supervised by a qualified operator, whose responsibility it shall also be to immediately identify and appropriately dispatch any obviously ill or injured animals;
          
       9. The unloading of live animals and their movement into the plant shall be conducted in an orderly and calm manner so as to minimize noise levels;
          
       10. The loading and unloading of trucks shall be restricted to the hours between 6:00 a.m. and 10:00 p.m.;
           
       11. No exterior animal holding pens and/or areas devoted to loading/unloading of animals shall be located within two hundred (200) feet of any property line nor five hundred (500) feet of any land within a residential dwelling unit not otherwise located on the same lot;
           
       12. All animal holding pens and/or areas used for the loading/unloading of animals shall be screened from all adjoining properties and shall include a minimum fifty (50) foot wide landscape strip;
           
       13. Sewer and water lines shall not meet within or beneath the plant, and shall further be designed and installed to minimize the potential for leakage and contamination by maximizing the separation distance between lines and laying sewer lines at greater depth than water lines;
           
       14. Where wastewater pretreatment is required by the EPA or local authority, wastewater shall be kept completely covered at all times to reduce the potential for release of odors. In no event shall wastewater be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with PA DEP regulations;
           
       15. All unusable animal by-products shall be stored indoors in leak- and vector-proof containers. In the case of slaughtering or processing operations, which do not do their own rendering, the applicant shall provide evidence of a written contract with a rendering operation for the daily disposal of such waste products. In no case shall any waste products remain on the site for more than twenty-four (24) hours;
           
       16. The applicant must demonstrate written compliance with, and continue to comply with, all applicable local, State, and Federal standards and regulations;
           
       17. The use shall provide sufficiently long stacking lanes and on-site loading/unloading areas, so that trucks waiting to be loaded/unloaded will not back up onto public roads. No parking or loading/unloading shall be permitted on or along any public road;
           
       18. Access- Vehicular access shall be so arranged as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby properties. Access drives used to trucks shall only intersect with major collector or arterial roads;
           
       19. All access drives shall be designed and located so as to permit the following minimum sight distances measured from a point at least twn (10) feet behind the curb line or edge of cartway of an intersecting public street. No sight obstructions shall be permitted which are greater than three (3) feet or less than ten (10) feet above the street surface.
           
       20. All access drives onto the site shall have a paved minimum thirty-five (35) foot wide cartway for a distance of at least two hundred (200) feet from the street right-of-way. In addition, if portions of on-site access drives are unpaved, then a fifty (50) foot long gravel section of driveway shall be placed just beyond the preceding two hundred (200) foot paved section to help collect any mud that may have attached to a vehicle's wheels; and
       21. The applicant shall furnish a traffic study prepared by a professional traffic engineer in accordance with the Township's Subdivision and Land Development Ordinance.
           
   32. Wedding Venue/Banquet.
       
       1. If no public sanitary sewage is available on-site, holding tanks(s) in accordance with PA DEP regulations shall be supplied.
       2. 10pm-6am shall serve as quiet hours for said use and enforcement of the Township's Noise Ordinance provisions, as applicable, shall be regulated.
          
       3. Township stormwater management criteria shall apply.
          
       4. For parking located off-site, the Applicant shall submit a parking user agreement and transit plan to the Township for review and for approval.
          
       5. The parking requirements of the most currently available American with Disabilities Act for Accessible Design shall apply.
          
       6. This use shall be considered as a separate land use than any other land use that is proposed as part of the lot.
          
       7. Areas associated with outdoor entertainment and gathering shall be located a minimum of one hundred (100) feet from any lot line. All sound systems shall be oriented to the interior of the lot.
          
       8. If the use borders an agriculture and/or residential lot, a vegetated buffer area within the required setback of mixed deciduous and evergreen species of fifty (5) foot in depth along the perimeter of the event center development shall be provided.
          
   33. Wind Energy System.
       
       1. Wind turbines shall be independent of any other structure and shall be located a minimum distance of one and one-half times the turbine height from any structure and property line, except for roof-mounted wind turbines. No part of the wind turbine shall be located within or above any required front, side or rear setback.
          
       2. The minimum height of the lowest position of the wind rotor shall be 15 feet above the ground. Maximum tower height shall not exceed maximum building height for the zoning district in which the wind turbine is placed. Roof-mounted wind turbine hub height shall not exceed three feet above the peak of the roof to which it is mounted.
          
       3. Wind turbines shall not be climbable up to 12 feet above the ground surface.
          
       4. Wind turbines shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.
          
       5. All electrical components of the wind turbine shall conform to the relevant and applicable local, state, and national codes and relevant and applicable international standards.
          
       6. Wind turbines shall be a nonobtrusive color, such as white, off-white or gray.
          
       7. Wind turbines shall not be artificially lit, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.
          
          1. Wind turbines shall not display advertising, except for reasonable identification of the turbine manufacturer, which sign shall have an area of less than 200 square inches.
             
       8. On-site transmission and power lines shall, to the maximum extent practicable, be placed underground.
          
       9. A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
          1. Visible, reflective, colored objects, such as flags, reflectors, or tape, shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.
             
       10. The applicant shall avoid any disruption or loss of radio, telephone, television or similar signals and shall mitigate any harm caused by the wind turbine and/or any other structures used in the production of energy.
           
       11. The applicant shall be responsible for obtaining all state and federal permits if required.
           
       12. When a building is necessary for storage cells or related mechanical equipment, the building must not exceed 199 square feet in area, 100 feet in height, and must not be located within any required front, side or rear setbacks.
           
       13. The wind turbine shall comply with all other applicable regulations and requirements as set forth in this chapter. However, land development approval shall not be required under the Township Land Development Ordinance [for a single wind turbine]. A zoning permit shall be required from Heidelberg Township prior to the erection of a wind turbine.
       14. The landowner shall, at his/her expense, complete decommissioning of the wind turbine within 12 months after the end of the useful life of the wind turbine. It shall be presumed that the wind turbine is at the end of its useful life if no electricity is generated for a continuous period of 12 months.
           
       15. Decommissioning of the wind turbine shall include removal of the wind turbine and related appurtenances. The owner shall submit a plan and schedule for removal to the Zoning Officer, and the turbine shall be removed within one year after the end of its useful life.
           
       16. The wind turbine shall be subordinate to and located on the same lot occupied by the principal use to which it relates.
           
       17. No more than one wind turbine shall be located on any one lot.
           
       18. Audible sound from a wind energy facility shall not exceed 55 DBA, as measured at the exterior of any occupied building on a nonparticipating landowner's property. Methods for measuring and reporting acoustic emissions from wind turbines and the wind energy facility shall be equal to or exceed the minimum standards for prevision described in American Wind Energy Association (AWEA) Standards 2.1-1989, title "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume 1. First Tier, " or any successor provision or publication.
           
       19. The system owner/operator shall make all reasonable efforts to minimize and/or eliminate shadow flicker to occupied buildings on immediately adjacent properties. The applicant is responsible for identifying problem areas where shadow flicker will interfere with existing or future residences and describe proposed mitigation measures including, but not limited to, a change in siting of the wind energy conversion system, a change in the operation of the wind energy conversion system, or grading or landscaping mitigation measures.
           
       20. All new wind energy systems must also conform to the requirements of Heidelberg Township's Wind Energy Ordinance Chapter 13 Part 3 as applicable.
   34. Wrecking or Dismantling of Motor Vehicles (storage of the parts and materials from such operations and the storage of other junk).
       
       1. The establishment, licensure, operation and maintenance of the facility should be in accordance with the Pennsylvania Code, Title 25, Code §451.
          
       2. Any facility licensed under the provisions of the current Heidelberg Township Ordinance are considered nonconforming and shall continue to pay licensing fees as provided for in said Ordinance or as modified by the Township.
          
       3. All new junkyards must also conform to the requirements of Heidelberg Township's junkyard ordinance Chapter 13 part 1 as applicable.
          
   35. Business Conversion. (Permitted only in the Rural Village District.) The conversion of all or a portion of an existing building for the business use shall be subject to the procedures and requirements specified below:
       
       1. Permitted Uses. The conversion of an existing residential structure to a nonresidential use or an existing nonresidential use to another nonresidential use shall be for a use permitted within the applicable zone in which the building is located. The conversion can be a total conversion from residential use or a conversion of a portion of the premises, with the retention of one or more dwelling units (as in the case of a first-floor retail or office use with apartment(s) on the second and higher floors).
       2. Use, Area and Bulk Regulations. All use, area and bulk regulation of the prevailing zoning district shall apply.
          
       3. Parking Requirements. Off-street parking spaces shall be provided on said lot for each distinct use located on it, in accordance with §27-1002.
          
       4. If apartment units are proposed, each unit shall be provided with separate and complete kitchen facilities, flush toilet(s) and bathing facilities within the unit.
          
       5. Fire Escapes where required shall be located on the rear and/or the interior side of the building. A sketch of the proposed fire escape location shall be supplied as part of the application for zoning approval.
          
          [Ord. 2010-1]
          
   36. Conversion of Single-Family Detached Dwelling to Two Dwelling Units.
       1. A single-family detached dwelling may be converted to no more than two dwelling units. The existing dwelling shall not be enlarged or added to for this purpose, except for stairwells and open porches.
       2. Each converted dwelling unit shall provide complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
       3. The Sewage Enforcement Officer shall be notified and shall make a determination whether the existing on-lot sewage disposal system is adequate to serve the proposed two dwelling units. Where it is determined that such existing system is not adequate, necessary modifications shall be made and a new adequate system provided.
       4. The applicant shall demonstrate that he has complied with all provisions of the Uniform Construction Code, 34 Pa.Code, Chapters 401–405. [Ord. 2010-1]
          
   37. Timber Harvesting. Timbering harvesting shall be subject to the following:
       1. Timber harvesting activities shall be conducted in accordance with an erosion and sedimentation pollution control plan that is consistent with current acceptable practices to control runoff, erosion, stream siltation and soil stabilization.
       2. The erosion and sedimentation pollution control plan shall be submitted to the Lehigh County Conservation District for their review and approval prior to initiating any earth moving or timber harvesting activities.
       3. The erosion and sedimentation pollution control plan, along with evidence of the review and approval of same by the Lehigh County Conservation District, shall be submitted to the Township prior to initiating any earth moving or timber harvesting activities.
       4. All roads and trails developed as part of a timbering activity shall be dust stabilized when within 100 feet of any lot or street line. [Ord. 2010-1]
          
   38. Standards and Criteria for Special Exceptions in Floodplains. These standards and criteria are applicable for those special exceptions permitted pursuant to §27-904.2 for floodplains.
       1. No structure, fill, deposit, obstruction, storage of materials or equipment, or other use shall be allowed as a special exception which, acting alone or in combination with existing or future uses, unduly affects the capacity of the flood way or unduly increases flood heights. Consideration of the effects of a proposed use shall be based on a reasonable assumption that there will be an equal degree of encroachment extending for a significant reach on both sides of the stream.
       2. Any fill or materials proposed to be deposited in the flood way must be shown to have some beneficial purpose and the amount thereof not greater than is necessary to achieve that purpose, as demonstrated by a plan submitted by the owner showing the uses to which the filled land will be put and the final dimensions of the proposed fill or other materials. Such fill or other materials shall be protected against erosion by rip-rap, vegetative cover, or bulkhead.
       3. Structures shall offer the minimum obstruction to the flow of flood waters. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of the flood flow and, so far as possible, structures shall be placed approximately on the same flood flow lines as those of adjoining structures.
       4. Structure shall be firmly anchored to prevent flotation, collapse or lateral movement.
       5. Residential structures shall have the lowest floor (including basement) elevated 1 1/2 feet or more above the level of the 100-year flood. Applicant shall submit a hydrologic analysis to define the 100-year level for the lot. [Ord. 2-98]
       6. All public utilities and facilities such as sewer, gas, electrical, and water systems shall be located and constructed to minimize or eliminate flood damage, infiltration of flood waters into the systems, discharges from sewer systems into flood water and impairment to or contamination from on-site sewage disposal systems.
       7. The storage or processing of materials that in time of flooding are buoyant, flammable, explosive or could be injurious to human, animal, or plant life is prohibited. Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or readily removable from the area within the time available after flood warning. (Ord. 4-81, 12/28/1981, §1180; as amended by Ord. 1-86, 4/4/1986, §4; by Ord. 2-88, 8/5/1988, §12; by Ord. 2-98, 4/9/1998, §§14–17; by Ord. 99-2A, 11/11/1999, §§4 and 6; and by Ord. 2010-1, 4/8/2010)
          
   
   

1. The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of this Chapter inflict unnecessary hardship upon the applicant. The Board may by rule prescribe the form of application and may require preliminary application to the Zoning Officer.
2. The Board may grant a variance provided the following findings are made where relevant in a given case:
   1. That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of this Chapter in the neighborhood or district in which the property is located.
   2. That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this Chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
   3. That such unnecessary hardship has not been created by the appellant.
   4. That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
   5. That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
3. In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this Chapter. No variance shall be granted to allow a structure or use in a district in which such structure or use is restricted. A use permitted as the result of the granting of a variance shall be construed to be a nonconforming use.
4. Where a variance is sought within a floodplain, the Board shall determine that the granting of the variance will not result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud, or victimization of the public, or conflict with local laws or ordinances. [Ord. 2-98]

(Ord. 4-81, 12/28/1981, §1190; as amended by Ord. 2-98, 4/9/1998, §18)